SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 104, 2014 | KESRA. National Social Security Council. Organizational Structure. Work. |
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Number 46 YEAR 2014
ABOUT
ORGANIZATIONAL AND GOVERNANCE ARRANGEMENTS,
ORDER OF APPOINTMENT, REPLACEMENT, AND DISMISSAL OF THE NATIONAL SOCIAL SECURITY COUNCIL MEMBER
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Weigh: a. that with the addition of the National Social Security Council ' s duties in accordance with Law Number 24 of 2011 on the Social Security Organizing Board, and to further optimize the implementation of the task and function of the National Social Security Council, it needs to rearrange the National Social Security Council;
B. that the Presidential Regulation No. 44 of 2008 on Susunan Organization and the Working Tata, the Tata Cara, Replacement, and the Pit Stop of the National Social Security Council as the implementation of Law Number 40 Year 2004 on System National Social Security is judged to be no longer in compliance with the development;
c. that under consideration as intended in letter a and letter b, need to establish the President's Regulation on Governing Organisations and Work, Tata Cara Pengers, Reimburts, and Stop Social Security Council Members National;
Remembering: 1. Article 4 of the paragraph (1) of the Basic Law of the Republic of Indonesia in 1945;
2. Law Number 40 Year 2004 on National Social Security System (Sheet Country Indonesia Year 2004 Number 150, Additional Gazette Republic Indonesia Number 4456);
3. Law No. 24 Year 2011 on Social Security Organizing Agency (Sheet Country Indonesia Year 2011 Number 116, Additional Sheet Republic Of Indonesia Number 5256);
DECIDED:
Establish: THE PRESIDENT ' S RULES ON ORGANIZATIONAL AND GOVERNANCE ARRANGEMENTS, APPOINTMENT ARRANGEMENTS, REPLACEMENTS, AND DISMISSAL OF NATIONAL SOCIAL SECURITY COUNCIL MEMBERS.
BAB I
UMUM CONDITIONS
Section 1
In this Presidential Regulation, which is referred to:
1. The next National Social Security Council (DJSN) is the council which serves to assist the President in the formulation of the general policy and synchronization of the national social security system.
2. The next Social Security Organizing Board (BPJS) is the legal entity that is set up to organize a social security program.
3. Social Security is one of the forms of social protection to guarantee the entire people in order to meet the basic needs of his life worth.
4. The National Social Security System is a system of social security program manners by some social security organizer.
5. External supervision is oversight of the BPJS conducted by DJSN in the hosting of social security programs.
6. The figure is the person who understands, has the attention and influence in the fields associated with the social security program.
7. Expert is a person who has competence and experience in the fields associated with the social security program.
8. Minister is the Minister addressing coordination in the area of the welfare of the people.
BAB II
POSITION, FUNCTION, TASK,
AND AUTHORITY
Section 2
DJSN is located below and is responsible to the President.
Section 3
DJSN functions a common policy and synchronization of the national social security system.
Section 4
DJSN has a task:
a. conduct studies and research related to the hosting of social security;
B. propose a national social security fund investment policy; and
c. proposed a social security budget for the recipient of iuran assistance and the availability of an operational budget to the Government.
Section 5
In carrying out its function and duties, DJSN:
a. deliver the monitoring and evaluation results of the social security program to BPJS every 6 (six) months;
B. receive a stew of the execution of each program, including financial conditions, periodically 6 (six) months of which the BPJS is delivered to the President;
c. received a gust of surveillance report hosting social security as part of the BPJS report delivered by the BPJS Supervising Board to the President;
D. propose a temporary official to the President in lieu of a member of the Supervising Board or a member of its terminated Directors;
e. propose an intertime replacement member to the President in terms of the remainder of the DewanSupervising member's term and/or an empty BPJS member of the Board of Directors less than 18 (eighteen) months;
f. receive a gust of annual financial management and program management that is audited by the public accountant who delivered the BPJS to the President's slowest date of 30 June of the following year;
G. provide consulting to BPJS on the form and contents of the annual program management report; and
h. Received a busan report on the end of the term for the execution of the duties of the IBM DewanSupervising and the BPJS Directors.
Section 6
DJSN is authorized to monitor and evaluate the hosting of social security programs and conduct external surveillance against BPJS.
BAB III
ORGANIZATIONAL STRUCTURE
Section 7
The DJSN Organization array consists of:
a. Chairman; and
B. Members
Section 8
The DJSN is led by a member of a member of the Government who is derived from the Government element.
Section 9
(1) the DJSN consists of 15 (fifteen) people, consisting of an element:
a. Government;
B. Characters and/or experts who understand the field of social security;
C. Employers ' organizations/organizations; and
D. Labor organization/labor organization.
(2) Government elements as referred to in paragraph (1) letter a, as many as 5 (five) persons who come from the ministry who are organizing government affairs in finance, employment, health, social, and welfare of the people, and/or the field of defense and security, each 1 (one) person.
(3) The Character and/or Expert Elements as referred to in paragraph (1) letter b, as many as 6 (six) people composed of an element of character and/or an expert who understands, has the attention and influence in the fields associated with the social security program as well as the have a competency and experience as well as have expertise in the areas of insurance, finance, investment and actuarial.
(4) The organization of the organization of employers as referred to in paragraph (1) of the letter c, as many as 2 (two) persons.
(5) The organization of the worker organization/labor organization as referred to in paragraph (1) of the letter d, as many as 2 (two) persons.
Section 10
(1) To carry out its function and duties, DJSN forms:
a. General Policy Commission; and
B. Supervising Commission, Monitoring, and Evaluation.
(2) The membership of the Commission as referred to in paragraph (1) is derived from the member of DJSN.
(3) In exercising its duties, the Commission may be assisted by the expert power according to the need.
(4) The power of experts as referred to in paragraph (3), is set on the basis of the Decision of Chairman DJSN.
Section 11
The General Policy Commission as referred to in Article 10 of the paragraph (1) letter a, has the task:
a. formulating and socializing general policies;
B. perform synchronization of the national social security system;
(c) IBM may not use the IBM Security Service for any other IBM program.
D. conduct economic analysis and investment prospects of social security fund assets and BPJS assets, as well as draft a proposed national social security fund investment policy;
e. conduct studies and research on the host of social security programs; and
f. report on the results of the commission in the Plenary Session.
Section 12
The Oversight, Monitoring, and Evaluation Commission as referred to in Article 10 of the paragraph (1) of the letter b, has the task:
a. conduct external supervision of the BPJS performance;
B. conduct monitoring the general policy of the national social security system;
c. perform monitoring and evaluation of hosting social security programs, including the BPJS financial health level;
D. coordinate with other supervising agencies;
e. conduct advocacy, education and information in order to improve the compliance of the national social security system; and
f. report on the results of the commission in the Plenary Session.
Section 13
(1) DJSN establishes and upholds the DJSN code of conduct.
(2) To enforce the DJSN code of conduct as referred to in paragraph (1), DJSN forms the DJSN ' s Honorary Assembly.
(3) The DJSN ' s Honorary Assembly Membership as referred to in paragraph (2) comes from the DJSN member.
(4) Further provisions on the DJSN code of conduct as referred to in paragraph (1) and the DJSN Honorary Assembly as referred to in paragraph (2), are set forth in the DJSN Regulation.
BAB IV
SECRETARIAT
Section 14
(1) In carrying out its task and function, DJSN is assisted by a Secretariat headed by a Secretary with the task of providing administrative support, operational services, and a material preparation to support the agility of DJSN ' s execution of duties.
(2) The Secretary as referred to in verse (1), is the structural office of the eselon of IIa which is held by civil servants.
(3) The Secretary is under and responsible to the DJSN Chairman whose culling is administratively done by the Minister through the Secretary of the Ministry of the Coordinating People's Welfare.
(4) The Organization and the work of the DJSN Secretariat as referred to in paragraph (1), are further regulated by the Minister after having received written approval from the minister who led the affairs of the government of the state apparatus and the reforms of the Ministry of Justice. Bureaucracy.
BAB V
WORK LAYOUT
The Kesatu section
General
Section 15
(1) DJSN in carrying out its functions and duties as referred to in Article 3 and Section 4, presided over by the Chairman DJSN.
(2) The Chairman of DJSN as referred to in paragraph (1), leads the implementation of the daily DJSN activities.
(3) In the case of Chairman DJSN impeded, one DJSN member was appointed to lead the DJSN ' s daily persistence.
Section 16
To perform its functions and duties as referred to in Article 3 and Section 4, DJSN organizes the following trial and/or meetings as follows:
a. Plenary Session;
B. Commission Meeting; and
C. Special Meeting.
Section 17
(1) Members of DJSN must attend any plenary session, commission meeting, special meeting, and other activities organized by DJSN.
(2) Further provisions on the presence of DJSN members in each plenary session, commission meeting, special meeting, and other activities as referred to in paragraph (1), are set forth in the DJSN Regulation.
The Second Part
Trial and Meeting-Meeting
Section 18
(1) The Plenary Session as referred to in Article 16 of the letter a, is held at least 1 (one) times in 1 (one) month to take DJSN ' s decision.
(2) The Plenary trial as referred to in paragraph (1), was attended by DJSN members.
(3) The trial of Pleno as referred to in paragraph (1), presided over by the Chairman DJSN.
(4) In the case of Chairman DJSN impeded, the Plenary Session is presided over by one of the members appointed by the Chairman DJSN, or one of the members of the element of the Government agreed together by the other members.
Section 19
(1) The Commission Meeting as referred to in Article 16 of the letter b, is held at least 1 (one) times in 1 (one) month.
(2) The Commission Meeting as referred to in paragraph (1), is headed by the Chairman of the Commission.
(3) In the case of the Chairman of the Commission, the Commission Meeting is presided over by one of the members appointed by the Chairman of the Commission or agreed upon by the members of the Commission.
Section 20
(1) Special Meeting as referred to in Article 16 of the letter c, is held in accordance with the need to discuss:
a. the development of the public policy implementation and synchronization of the national social security system;
B. development of execution of Commission tasks, Panitia, Working Groups, and/or Working Teams; and
C. the actual problems of the social security program organized by BPJS.
(2) Special Meeting as referred to in paragraph (1), presided over by DJSN Chairman.
(3) In the case of Chairman DJSN impeded, the Special Meeting is led by one of the members appointed by the Chairman DJSN.
The Third Part
Quorum and Decision Capture
Section 21
(1) The DJSN ' s Plenary Session as referred to in Article 18 paragraph (1) is valid, if attended by at least 2/3 (two-thirds) of the number of DJSN members representing all the elements.
(2) In terms of the terms of the quorum as referred to in paragraph (1) unfulfilled, the Plenary Session is adjourn 1 (one) times for 15 (fifteen) minutes and can be delayed for the second time for 30 (thirty) minutes.
(3) In the case of the Court of Pleno having been subjected to a delay in accordance with the provisions referred to in verse (2) and the quorum as referred to in paragraph (1) remain unattainable, the Plenary Session is resumed and may take the decision.
(4) The decision is made in verse (3), and it is done by the preface of the assembly of the people.
(5) In terms of deliberation for the assemblies as referred to in verse (4) is not achieved, decisions are taken on the basis of the most votes.
(6) The decision based on the most votes as referred to in paragraph (5) is valid, if approved by at least 2/3 (two-thirds) of DJSN members who are present.
BAB VI
APPOINTMENT AND DISMISSAL
The Kesatu section
Requirements
Section 22
To become a member of DJSN, one must qualify as follows:
a. Citizens of Indonesia;
B. Put thy trust in the Lord, the Lord of Esha.
C. The physical and spiritual health that is attested by a government doctor's letter;
D. Good behavior, as evidenced by the local police warrant;
e. At least 40 years of age and sixty (sixty) years of age when they are members;
f. The lowest level of education in strata 1 (one);
G. Have skills in the field of social security;
h. Have an awareness of the social security field;
i. It has never been convicted on the basis of a court decision that has obtained a fixed legal force for committing crimes of crime.
Section 23
The chairperson and member of DJSN was appointed and dismissed by the President.
The Second Part
Set The Way Of Appointment
Paragraph 1
DJSN ' s Candidate Candidate
Section 24
(1) To select and assign a member of DJSN, the President to form the Selection Committee tasked with selecting DJSN candidates from element of character and/or expert, candidate candidate DJSN derived from the organization of the organization of the organization/organization Employers and labor organizations/labor organizations as referred to in Section 9 of the paragraph (1) letter b, letter c, and the letter d.
(2) The membership of the Selection Committee as referred to in paragraph (1), consists of 2 (two) people of the government element and 5 (five) people of the community element.
(3) Membership Of The Selection Committee as referred to in paragraph (2), is set with the Presidential Decree.
Section 25
(1) The candidate of DJSN derived from the elements of the government as referred to in Article 9 of the paragraph (1) letter a and verse (2), proposed by the technical minister to the Selection Committee through the Minister.
(2) A DJSN candidate who is derived from an element of character and/or expert as referred to in Article 9 of the letter b, is proposed by the public/other party and/or registered to the Selection Committee.
(3) The candidate of DJSN who is derived from an element of the organization of employers/organization of employers and labor organizations/labor organizations as referred to in Article 9 of the paragraph (1) letter c and letter d, proposed by the chairman of the concerned organization in the national level to the Selection Committee through the Minister who organizes government affairs in the field of employment.
Section 26
(1) The Selection Committee as referred to in Article 24, in the most prolonged period of 10 (ten) days of work since it was created, in writing:
a. announces the acceptance of the registration of a DJSN candidate derived from an element of character and/or expert as referred to in Article 9 of the paragraph (1) letter b, through print and/or electronic media; and
B. ask the minister who organizes government affairs in the field of employment to propose at least 8 (eight) persons of DJSN members for each employers organization/organization of entrepreneurs and organizations workers/labor organizations as referred to in Section 9 of the paragraph (1) letter c and the letter d.
(2) The proposal and/or registration of a DJSN member of the element of character and/or expert as in the intent of the letter (1) letter a, performed within 14 (fourteen) days of work time from the date of the announcement of the selection registration.
Section 27
(1) The Selection Committee announces the name of the candidate candidate DJSN proposed by the public/other party or who registers as referred to in Article 25 of the paragraph (2), the candidate for DJSN to be proposed by the organization/organization organization employers and labor organizations/labor organizations as referred to in Article 25 of the paragraph (3), through print and/or electronic media to obtain responses and input from the public within 5 (five) days of work since the proposal and/or the DJSN membership registration.
(2) The response and input as referred to in paragraph (1), delivered in writing to the Selection Committee for the longest 14 (fourteen) days from the end of the announcement of the selection results.
Section 28
(1) The prospective member of DJSN as referred to in Article 27, is conducted administrative selection and the test of the fault and feasibility by the Selection Committee.
(2) The selection process against DJSN members as referred to in paragraph (1), is done transparently, professionally, and accountable.
(3) The Selection Committee selectest and set a DJSN candidate selection results to be submitted to the President, as much:
a. 12 (twelve) candidate persons of element figure and/or expert; and
B. 8 (eight) people are members of the organization of the organization of employers/organization of entrepreneurs and labor organizations/labor organizations.
Paragraph 2
DJSN Member ' s Appointment
Section 29
(1) A DJSN candidate from the element of the Government is delivered to the President to be set as a member of DJSN.
(2) The President elevers and sets 6 (six) out of 12 (twelve) people of the element of character and/or expert, 2 (two) of 4 (four) persons of the organization of the organization of employers/organizations of employers and 2 (two) of 4 (four) persons of the organization workers/organizations to be designated as a DJSN member with the President ' s Decision.
The Third Part
Stop
Section 30
(1) The DJSN member is terminated with respect, because:
a. dead of the world;
B. my own request;
c. Physical or spiritual pain persists for 12 (twelve) months; or
D. It's done.
(2) The Pit Stop with respect as referred to in paragraph (1), was proposed by the Chairman DJSN to the President based on the decision of the Plenary Session.
Section 31
(1) The DJSN member was dismissed not with respect, because:
a. Being convicted based on court decisions that have obtained the legal force remains for committing a felony offence; or
B. three times in a row of duty and duty.
(2) The Criteria of the duties and obligations as referred to in paragraph (1) letter b, is based on the DJSN code of conduct.
(3) Before the members of DJSN were discharged not with respect for the reason referred to in paragraph (1) the letter b, carried out an examination by the DJSN Honor Assembly.
(4) The results of the examination as referred to in paragraph (3), delivered in writing to the Chairman DJSN and the members of DJSN are concerned.
(5) The member of DJSN as referred to in verse (4), given the opportunity to defend itself in the presence of the DJSN Honorary Assembly in the middle of 30 (thirty) business days from the date the notice of the examination results is received.
(6) In the case of DJSN members as referred to in paragraph (5) may prove that he did not violate the terms of the paragraph (1) of the letter b, then DJSN is obliged to free from all charges and return his post as a member DJSN as well as rehabilitating his good name.
(7) In terms of the self-defense results referred to in paragraph (5) the member of DJSN cannot prove that he did not perform the deed as referred to the verse (1) letter b, then the DJSN ' s Honorary Assembly sets a stop with No respect for DJSN members are concerned.
(8) Based on the DJSN ' s Honorary Assembly of stops with the disrespect of DJSN members as referred to in paragraph (7), Chairman DJSN addresses the dismissal with the disrespect of DJSN members concerned to the President.
(9) In terms of the reason of the dismissal as referred to in paragraph (1) was carried out by the Chairman DJSN, the proposal of the dismissal with no respect was delivered by the DJSN ' s Honorary Assembly to the President.
(10) Based on the proposed dismissal with the disrespect of DJSN members as referred to in verse (8) and verse (9), the President published the President ' s Decision on the Stop With No Respect of the DJSN Member concerned.
The Fourth Part
Intertime replacement
Section 32
(1) In the case of a DJSN member who quits or is dismissed as a member before his term terminates due to the reasons referred to in Article 30 and Section 31, the charge is made through the replacement of the upper time. The post of DJSN member is vacant.
(2) In the case of DJSN ' s empty member office as referred to in paragraph (1) is derived from the Government element, its commissioning is carried out through a proposal by the technical minister concerned to the Chairman DJSN via the Minister.
(3) In the case of an empty DJSN member as referred to in paragraph (1) is derived from an element of character and/or expert or derived from an element of the organization of employers/organization of entrepreneurs and worker organizations/labor organizations, charging of office The empty DJSN member is taken from a list of candidates for DJSN selection results as referred to in the unelected section 28 paragraph (3), in accordance with the representation of an empty DJSN member based on the order of the candidate in question.
(4) The tenure of the DJSN member intertime as referred to in verse (1), is the remainder of the term of the successor to the DJSN member.
(5) Usul charging the vacant DJSN member through the intertime replacement as referred to in paragraph (2) and verse (3), delivered by the Chairman DJSN to the President.
(6) The President establishes the candidate of DJSN as referred to in paragraph (5), becoming a member of DJSN with the Presidential Decree.
The Fifth Part
The exposition of the rectitude
Section 33
DJSN members are relieved because:
a. In the process of vetting as a suspect, it is alleged to have committed a criminal offence until the court ruling that obtained the legal force remains; and
B. in the examination process for reasons of having labeled the task and the obligations as referred to in Section 31 of the paragraph (1) letter b.
BAB VII
FUNDING
Section 34
(1) In carrying out its functions and duties, DJSN members acquire financial rights and other facilities.
(2) The financial rights and other facilities as referred to in paragraph (1), are governed by the Presidential Regulation.
Section 35
The entire financing required in the implementation of DJSN functions and duties, is charged on the State Budget and Shopping Budget allocated to the ministries handling coordination in the people welfare field.
BAB VIII
TRANSITION PROVISIONS
Section 36
At the time the President ' s Ordinance comes into effect:
a. DJSN member who has been removed based on
President's decision No. 108 /M of 2013, continues to exercise its functions and duties up to the appointment of a new DJSN member based on the President's Regulation;
B. The regulation of the Presidential Regulation No. 44 Year 2008 on Susunan Organization and the Working System, the Tata Cara, Replacement, and the Pit Stop of the National Social Security Council, are stated to remain in effect as long as it has not been replaced. Not in conflict with this President's rules.
BAB IX
CLOSING PROVISIONS
Section 37
At the time the President's Rule came into effect, the Presidential Regulation No. 44 of 2008 on Susunan Organization and the Working Tata, the Tata Cara, the Replacement, and the Stop of the Members of the National Social Security Council, were revoked and declared no. applies.
Section 38
This President ' s regulation starts to apply to the date of the promulctest.
In order for everyone to know, order an invitation to the Presidential Regulation with its placement in the State Sheet of the Republic of Indonesia.
Set in Jakarta
on May 20, 2014
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on May 20, 2014
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
