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MINISTER OF MANPOWER OF THE REPUBLIC OF INDONESIA REGULATION
NUMBER 7 OF 2021
CONCERNING
PROCEDURES FOR PARTICIPANT REGISTRATION AND IMPLEMENTATION OF
CONTRIBUTION RECOMPOSITION OF THE JOB LOSS SECURITY PROGRAM
WITH THE GRACE OF THE GOD ALMIGHTY
MINISTER OF MANPOWER OF THE REPUBLIC OF INDONESIA,
Considering : whereas in order to implement the provisions of Article 10 paragraph (2) and
Article 17 paragraph (2) of the Government Regulation Number 37 of 2021
concerning the Implementation of the Job Loss Security Program, it is
necessary to stipulate a the Minister of Manpower Regulation concerning
Procedures for Participant Registration and Implementation of Contribution
Recomposition in the Job Loss Security Program;
In view of : 1. Article 17 paragraph (3) of the 1945 Constitution of the
Republic of Indonesia;
2. Law Number 39 of 2008 concerning State Ministries (State
Gazette of the Republic of Indonesia Year 2008 Number 166,
Supplement to the State Gazette of the Republic of Indonesia
Number 4916);
3. Government Regulation Number 37 of 2021 concerning the
Implementation of the Job Loss Security Program (State
Gazette of the Republic of Indonesia Year 2021 Number 47,
Supplement to the State Gazette of the Republic of Indonesia
Number 6649);
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4. Presidential Regulation Number 95 of 2020 concerning the
Ministry of Manpower (State Gazette of the Republic of
Indonesia Year 2020 Number 213);
5. Minister of Manpower Regulation Number 1 of 2021 concerning the
Organization and Work Procedure of the Ministry of Manpower
(State Gazette of the Republic of Indonesia Year 2021 Number 108);
HAS DECIDED:
To stipulate : MINISTER OF MANPOWER REGULATION CONCERNING
PROCEDURES FOR PARTICIPANT REGISTRATION AND
IMPLEMENTATION OF CONTRIBUTION RECOMPOSITION IN THE
LOSS JOB BENEFIT PROGRAM.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Ministerial Regulation what is meant by:
1. Jaminan Kehilangan Pekerjaan (Job Loss Security), hereinafter
referred to as JKP, shall be social security provided for
Workers/Laborers whose employment is terminated in the form
of cash benefits, access to job market information, and vocational
training.
2. Worker/Laborer shall be any person who works by receiving
Wages or other forms of remuneration.
3. Employer shall be:
a. an individual, an association, or a legal entity who operates
their own company;
b. an individual, an association, or a legal entity who
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independently operates not their own company;
c. an individual, an association, or a legal entity located in
Indonesia representing the company as referred to in letter
a and letter b which is domiciled outside the territory of
Indonesia.
4. Company shall be:
a. every form of business that is either a legal entity or not,
belongs to an individual, an association, or a legal entity,
whether private or state owned, which employs
Workers/Laborers by paying Wages or other forms of
remuneration;
b. social enterprises and other businesses with management
and employ other people by paying Wages or other forms
of remuneration.
5. Wage shall be a Worker/Laborer’s right, received and expressed
in the form of money as a remuneration from the entrepreneur or
employer to the Worker/Laborer which is set and paid according
to an employment agreement, agreement, or laws and regulations,
including allowances for Workers/Laborers and their family for a
job and/or service that has been or will be performed.
6. JKP Participants, hereinafter referred to as Participants, shall be
Workers/Laborers in an employment relationship with an
employer and have registered and paid contributions.
7. Jaminan Kecelakaan Kerja (Work Injury Benefit), hereinafter
referred to as JKK, shall be a benefit in the form of cash and/or
health services provided when a Participant have a work injury or
illness caused by the work environment.
8. Jaminan Kematian (Death Benefit), hereinafter referred to as
JKM, shall be a cash benefit provided to the heirs when the
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Participant dies not due to any work injury.
9. Badan Penyelenggara Jaminan Sosial Ketenagakerjaan
(Employment Social Security Administering Body), hereinafter
referred to as BPJS Employment, shall be a public legal entity
established under Law Number 24 of 2011 concerning Social
Security Administering Bodies.
CHAPTER II
PROCEDURES FOR PARTICIPANT REGISTRATION
Part One
General
Article 2
(1) Participants shall consist of:
a. Workers/Laborers who have been registered by the
Employer with the social security program; and
b. Workers/Laborers who are newly registered by the
Employer with the social security program.
(2) Participants as referred to in paragraph (1) shall meet the
following requirements:
a. Indonesian citizens;
b. younger than 54 (fifty four) years old at the time of
registration; and
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c. within an employment relationship with an employer.
(3) In addition to the requirements as referred to in paragraph (2), the
Workers/Laborers shall be already registered in the following
social security programs:
a. Workers/laborers who work for large and medium
enterprises, shall be registered with the health insurance,
JKK, old age benefit, pension benefit, and JKM programs;
and
b. Workers/laborers who work for micro and small
businesses, shall be registered at least with the health
insurance, JKK, old age benefit, and JKM programs.
(4) Participants in the health insurance program as referred to in
paragraph (3) shall be wage-Workers in a business entity.
(5) Participants as referred to in paragraph (2) shall be
Workers/Laborers in an employment relationship with an
Employer based on either an employment agreement for an
unspecified period of time or an employment agreement for a
specified period of time.
Part Two
Workers/Laborers Who Have Been Registered with the Social
Security Program
Article 3
(1) Workers/Laborers who meet the requirements as referred to in
Article 2 paragraph (2) and have been registered by their
Employer with the social security program as referred to in
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Article 2 paragraph (3), shall automatically become Participants.
(2) To comply with the provisions as referred to in paragraph (1),
BPJS Employment shall verify and validate the requirements and
participation of Workers/Laborers in the social security program.
(3) Based on the results of the verification and validation, the
Workers/Laborers who meet the requirements as referred to in
paragraph (2), shall be directly registered as Participants in BPJS
Employment.
(4) The verification and validation process as referred to in paragraph
(2) shall be carried out online.
Article 4
(1) Employers shall provide data on employment relationship as
referred to in Article 2 paragraph (2) letter c to BPJS Employment
no later than 3 (three) months since the promulgation of this
Ministerial Regulation.
(2) The employment relationship data as referred to in paragraph (1)
shall be in the forms of:
a. number and/or date of the commencement and expiration
of employment agreement, for Workers/Laborers with
employment relationship based on an employment
agreement for a specified period of time; or
b. number and/or date of the commencement of employment
agreement or letter of appointment for Workers/Laborers
with employment relationship based on an employment
agreement for an unspecified period of time.
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Part Three
Workers/Laborers Who Are Newly Registered with the Social
Security Program
Article 5
(1) Employers shall be required to register their Workers/Laborers as
referred to in Article 2 paragraph (1) letter b as participants with
the BPJS Employment by completing the registration form.
(2) The registration form shall at least contain:
a. company name;
b. name of Worker/Laborer;
c. population identification number;
d. birth date of Worker/Laborer; and
e. number and/or date of the commencement of expiration of
employment agreement, for Workers/Laborers with
employment relationship based on an employment
agreement for a specified period of time, or number and/or
date of the commencement of employment agreement or
letter of appointment for Workers/Laborers with
employment relationship based on an employment
agreement for an unspecified period of time.
(3) The fully and correctly completed registration form shall be
submitted by the employer to BPJS Employment no later than 30
(thirty) days since the Worker/Laborer start working.
(4) In the event that a Worker/Laborer starts working prior to the
promulgation of this Ministerial Regulation, the Employer shall
submit fully and correctly completed registration form to BPJS
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Employment no later than 30 (thirty) days from the promulgation
of this Ministerial Regulation.
(5) Workers/Laborers who are registered with the JKP program shall
meet the requirements as referred to in Article 2 paragraph (2)
and shall be registered by the Employer with the social security
program as referred to in Article 2 paragraph (3).
(6) Completion and submission of the registration form shall be
either online or offline.
Article 6
(1) BPJS Employment shall verify and validate the fully and
correctly completed registration form.
(2) Based on the results of verification and validation,
Workers/Laborers who meet the requirements may be registered
as Participants in the BPJS Employment.
(3) The verification and validation process shall be carried out
online.
Part Four
Workers/Laborers with Employment Relationship with More than 1
(one) Employer
Article 7
(1) Workers/laborers with employment relationship with more than
1 (one) employer, shall be registered with the JKP program by
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each employer.
(2) Workers/Laborers who meet the requirements as Participants,
shall choose one of the companies as the place of work registered
in the JKP program to BPJS Employment no later than 15
(fifteen) working days after the verification and validation as
referred to in Article 3 paragraph (2).
(3) The Company selected by Workers/Laborers as the place of work
registered in the JKP program, may not be changed as long as
there is no termination of employment occuring.
Article 8
(1) Within the period of 15 (fifteen) working days as referred to in
Article 7 paragraph (2), BPJS Employment shall actively inform
Workers/Laborers who have met the requirements as Participants
as referred to in Article 2 to choose one of the Companies as the
place of work registered in the JKP program.
(2) In the event that after being actively informed by BPJS
Employment, a Worker/Laborer does not choose one of the
Companies and the 15 (fifteen) working days deadline as referred
to in Article 7 paragraph (2) has been expired, the benefits of the
JKP program will be postponed until the Worker/Laborer choose
a company as the place of work registered in the JKP program.
CHAPTER III
PROCEDURES FOR IMPLEMENTATION OF CONTRIBUTION
RECOMPOSITION
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Article 9
(1) The JKP program contribution of 0.46% (zero point forty six
percent) of the monthly Wages shall be paid monthly.
(2) The contribution of 0.46% (zero point forty six percent) as
referred to in paragraph (1) shall come from:
a. The contribution paid by the national government of
0.22% (zero point twenty two percent) of the monthly
Wages; and
b. source of JKP funding of 0.24% (zero point twenty four
percent) of the monthly Wages.
(3) The source of JKP funding as referred to in paragraph (2) letter b
shall be a recomposition of the JKK and JKM contributions,
provided that:
a. the JKK contribution is recomposed at 0.14% (zero point
fourteen percent) of the monthly Wage, so the JKK
contribution for each risk level group becomes:
1) very low risk level at 0.10% (zero point ten percent)
of the monthly Wages;
2) low risk level at 0.40% (zero point forty percent) of
the monthly Wages;
3) moderate risk level at 0.75% (zero point seventy five
percent) of the monthly Wages;
4) high risk level at 1.13% (one point thirteen percent)
of the monthly Wages; and
5) very high risk level at 1.60% (one point sixty percent)
of the monthly Wages;
b. the JKM contribution is recomposed at 0.10% (zero point
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ten percent) of the monthly Wages, so that the JKM
contribution becomes 0.20% (zero point twenty percent) of
the monthly Wages.
Article 10
(1) For the first time, for Workers/Laborers who have been registered
with the social security program as referred to in Article 2
paragraph (1) letter a, the contribution recomposition shall be
made of the JKK and JKM contributions for February 2021.
(2) Contribution recomposition shall be made by BPJS Employment
no later than the 17th of the following month.
(3) In the event that an Employer is in arrears of the payment of JKK
and JKM contributions for February 2021, the Worker/Laborer
shall not automatically become a Participant.
Article 11
(1) Recomposition of contributions for the newly registered
Workers/Laborers with the social security program as referred to
in Article 2 paragraph (1) letter b shall be made since the first
contributions of the JKK and JKM programs are paid in full by
the Employer.
(2) Contribution recomposition shall be made by BPJS Employment
no later than the 17th of the following month.
Article 12
(1) For the implementation of contribution recomposition after
February, Employers shall be required to report participation data
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of participants in the JKK and JKM programs to BPJS
Employment every month, either online or offline no later than
the 15th (fifteenth) of the following month.
(2) Participation data as referred to in paragraph (1) shall include:
a. number and data details of the Workers/Laborers; and
b. Wages of Workers/Laborers.
(3) BPJS Employment shall perform online verification and
validation of the reported participation data of participants in the
JKK and JKM programs.
Article 13
(1) BPJS Employment shall calculate the monthly contributions of
JKK and JKM program participants based on the participation
data as referred to in Article 12 paragraph (2).
(2) After calculating the contributions, BPJS Employment shall issue
and notify the JKK and JKM contribution payment codes to the
Employer.
(3) The JKK and JKM contribution payment codes as referred to in
paragraph (2) shall be the same as the other social security
contribution payment codes.
(4) Employers shall make contribution payments to BPJS
Employment according to the contribution payment codes.
(5) Contributions that have been paid by the Employer, shall be
placed and recorded by BPJS Employment into the accounts of
each social security program including the JKP account resulting
from the recomposition.
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Article 14
(1) The recomposition of JKK and JKM contributions shall use the
Worker/Laborer’s latest Wage reported by the Employer to BPJS
Employment and shall not exceed the ceiling of the Wage.
(2) The ceiling of wages for the first time shall be set at IDR
5,000,000.00 (five million rupiah).
(3) In the event that the Wage exceeds the ceiling of Wages as
referred to in paragraph (2), the Wage used as the basis for
calculating the JKK and JKM contribution recomposition shall be
the same as the ceiling of the Wages.
(4) In the event that the Wage reported to BPJS Employment exceeds
the ceiling of Wages as referred to in paragraph (2), the difference
between the calculation of the JKK and JKM contributions and
the contribution recomposition shall become assets of the work
injury benefit fund and the death benefit fund.
Article 15
In the event that a Worker/Laborer has an employment relationship
with more than 1 (one) Employer and has chosen one of the Companies
as the place of work registered in the JKP program, the recomposition
of JKK and JKM contributions shall be made at the chosen Company
as referred to in Article 7.
Article 16
The recomposition of the JKK and JKM program contributions shall be
made by BPJS Employment through the BPJS Employment
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information system.
Article 17
In the event that Workers/Laborers do not meet the requirements for
Participants as referred to in Article 2, the JKK and JKM contributions
shall apply in accordance with the provisions of laws and regulations
without any contribution recomposition made.
CHAPTER IV
PROOF OF PARTICIPATION
Article 18
(1) Employers who have registered their workers with the JKP
program shall be provided with a JKP program participation
certificate by BPJS Employment.
(2) The JKP program participation certificate shall be integrated in 1
(one) on social security program participation certificate of BPJS
Employment.
(3) Workers/Laborers who have been registered with the JKP
program shall be provided with proof of participation in the JKP
program by BPJS Employment.
(4) The proof of participation for Workers/Laborers shall be
integrated in 1 (one) social security program participation card of
BPJS Employment.
(5) The participation certificates and participation cards shall be
issued in electronic form.
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Article 19
(1) The participation certificate as referred to in Article 18 paragraph
(1) and the participation card as referred to in Article 18
paragraph (4) shall be issued and provided by BPJS Employment
for Employers no later than 3 (three) working days after the
contributions are paid.
(2) The BPJS Employment participation card as referred to in
paragraph (1) shall be provided by the Employers to the
Participants no later than 3 (three) working days after being
received from the BPJS Employment.
Article 20
BPJS Employment and the ministry administering the government
affairs in the manpower sector shall integrate the JKP program
participation data into the employment information system at the
ministry administering the government affairs in the manpower sector.
Article 21
The form of forms, participation certificates and participation cards
shall be regulated by BPJS Employment in accordance with their
authorities.
CHAPTER V
CLOSING PROVISIONS
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Article 22
This Ministerial Regulation shall come into force on the date of promulgation.
For public cognizance, this Ministerial Regulation shall be promulgated
by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
at 1 April 2021
MINISTER OF MANPOWER OF
THE REPUBLIC OF
INDONESIA,
signed
IDA FAUZIYAH
Promulgated in Jakarta
at 1 April 2021
DIRECTOR GENERAL OF LAWS AND REGULATIONS
OF THE MINISTRY OF LAW AND HUMAN RIGHTS
OF THE REPUBLIC OF INDONESIA,
signed
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WIDODO EKATJAHJANA
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR
2018 NUMBER 300
COPY AS THE ORIGINAL,
HEAD OF THE LEGAL BUREAU,
RENI MURSIDAYANTI
NIP. 19720603 199903 2 001