Presidential Regulation Number 109 By 2013

Original Language Title: Peraturan Presiden Nomor 109 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f74a4d8e09973313232313237.html

Microsoft Word-ps109 .doc-2013 STATE GAZETTE of REPUBLIC of INDONESIA No. 253, 2013 KESRA. Membership. Social Security. Penahapan. REGULATION of the PRESIDENT of the REPUBLIC of INDONESIA NUMBER 109 2013 ABOUT PENAHAPAN MEMBERSHIP PROGRAM SOCIAL SECURITY with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: that in order to implement the provisions of article 13 paragraph (2) of Act No. 40 of 2004 on National Social Security Systems and article 15 para (3) Law Number 24 year 2011 about social security governing body, needs to set a presidential regulation about Membership of the social security Program Penahapan; Remember: 1. Article 4 paragraph (1) of the Constitution of the Republic of Indonesia in 1945; 2. Act No. 40 of 2004 on National Social Security Systems (State Gazette of the Republic of Indonesia Number 150 in 2004, an additional Sheet of the Republic of Indonesia Number 4456); 3. Law Number 24 year 2011 about social security governing body (State Gazette of the Republic of Indonesia Number 116 in 2011, an additional Sheet of the Republic of Indonesia Number 5256); www.djpp.kemenkumham.go.id 2013, no. 253 2 decide: define: PRESIDENTIAL REGULATION ABOUT MEMBERSHIP PENAHAPAN SOCIAL SECURITY PROGRAM. CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the President is: 1. 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 it deserves. 2. Social Security Employment governing body which further shortened BPJS Employment is a legal entity formed to organise a work accident assurance program guarantees days old, retired, and guarantee the warranties of death. 3. the participant is any person, including aliens who worked the shortest 6 (six) months in Indonesia, which has paid your dues. 4. Penahapan Membership is stages carried out by the employer to register himself and his workers as participants in accordance with the social security program which is followed to the BPJS Employment. 5. the Employer is an individual person, a businessman, a legal entity, or other agencies that employ labor organizers or the State that employs civil servants by paying a salary, wage, or remuneration in other forms. 6. The organizers of the State is the State officials who run the functions of the Executive, legislative, or judicial branch, and other officials that the functions and tasks relating to the conduct of the State substantially in accordance with the provisions of the applicable legislation. 7. the entrepreneur is: a. a person, Association, individual or legal entity who runs a company belongs to its own; b. the individual person, Association, or legal entities that are stand alone run the company instead of its own; c. the person an individual, Association, or legal entities residing in Indonesia represents the companies referred to in letter a and letter b are domiciled outside the territory of Indonesia. www.djpp.kemenkumham.go.id 2013, no. 2533 8. The company is: a. any form of incorporated business law or not, belong to individual persons, belonging to the Fellowship, or the property of legal entities, whether private or State-owned property that employ workers/labourers by paying wages or remuneration in other forms; and b. social efforts and other efforts have administrators and hiring others to pay wages or remuneration in other forms. 9. A worker is any person who works with receive a salary, wage, or remuneration in other forms. 10. Micro business is people's productive individuals and/or individual business entities that meet the criteria of micro enterprises as provided for in the legislation in the field of micro, small, and medium enterprises. 11. Small Business is the economic productive business in its own right, performed by an individual person or business entity which is not a subsidiary or branch is not owned, controlled, or become a part of either directly or indirectly from medium or large businesses that meet the criteria of a small business as set forth in the applicable legislation. 12. Intermediate Business of business is prolific in its own economy, which is done by the individual or business entity that is not a subsidiary or branch of the company which is owned, controlled, or become a part of either directly or indirectly with a small business or a big business with the amount of net worth or annual sales results as set forth in the applicable legislation. 13. Great Efforts are productive economic efforts made by business entities to the amount of net worth or annual sales results greater than medium-sized businesses, which include the national State-owned businesses or private, joint venture, and foreign businesses that perform economic activities in Indonesia as set forth in the applicable legislation. 14. the Minister is the Minister of the organizing Affairs of the Government in the field of employment. Article 2 (1) every employer and worker has the right to social security. (2) social security referred to in subsection (1) includes: www.djpp.kemenkumham.go.id 2013, no. 253 a. health coverage; b. warranty work accident; c. guarantee of the old days; d. guarantee of retirement; and e. the collateral deaths. (3) health coverage as mentioned in paragraph (2) letter a was organized by the BPJS health set forth in the regulation of the President. (4) social security referred to in paragraph (2) letter b, letter c, letter d, e and letters held by the BPJS Employment. CHAPTER II General MEMBERSHIP is considered part of the PENAHAPAN article 3 social security program participants referred to in article 2 paragraph (4) composed of: a. participant wage; and b. a participant is not a wage. The second part of article 4 Wage Participants Participants wage as stipulated in article 3 letter a consists of: a. a worker working on the employer organizer of the State; and b. the workers who work on employer in addition to the organizers of the State. Article 5 (1) workers who work on employer organizer of State include: a. candidate for civil servants; b. civil servant; c. members of the INDONESIAN ARMED FORCES; www.djpp.kemenkumham.go.id 2013, no. 560 d. members of the NATIONAL POLICE; e. State officials; f. Government employees non public servants; g. Warrior TNI students; and h. learners POLICE. (2) an employer is obligated to register the State organizer of workers referred to in paragraph (1) in a work accident assurance program, security program old age security program, retirement, and the death of the assurance program gradually to the BPJS Employment. (3) Penahapan the start of registration for the workers who work on employer organizer of the State referred to in paragraph (1) are made to work and accident assurance program guarantees the slowest death on July 1, 2015. (4) Penahapan the start of registration for the workers who work on employer organizer of the State referred to in paragraph (1) letter a and the letter f is done for security program old age security program and retire later than 2029. Article 6 (1) Penahapan membership for workers who work on employer in addition to the organizers the country grouped by business scale consisting of: a. the great effort; b. medium businesses; c. small businesses; and d. micro enterprises. (2) an employer other than the organizer of the State in accordance with the scale of its business as referred to in subsection (1) beginning July 1, 2015, is obligated to register the workers to Employment to follow the BPJS assurance program work accident, old age security program, the retirement security program, and the gradual death of the assurance program. (3) Penahapan the registration referred to in subsection (2) to: a. large and medium-sized businesses obliged to follow a work accident assurance program, security program old age security program, the retirement security program, and death. www.djpp.kemenkumham.go.id 2013, no. 253 6 b. small business mandatory following work accident assurance program, security program old age security program, and death. c. micro enterprises are obligated to follow the work and accident assurance program assurance program to death. (4) in terms of business scale referred to in paragraph (1) in the field of construction service business that employs a daily power off, volume, and/or seasonal workers enroll in programs mandatory warranties and guarantees work accident death. (5) the procedures for the implementation of the registration of workers referred to in paragraph (4) subject to the regulations of the Minister. The third Participant was not the recipient of the Wages article 7 Participants not wage as stipulated in article 3 letter b include: a. the employer; b. workers outside employment or self-employed; and c. the worker did not include the letter b which is not receiving a salary or wages. Article 8 (1) the employer as referred to in article 7 letter a in addition to the mandatory following work accident assurance program, security program old age security program, and the deaths of at least 1 July 2015 can follow the retirement security program. (2) Workers referred to in article 7 letter b and the letter c in addition to the mandatory program guarantees work accident and death of the assurance program at the latest 1 July 2015 can follow security program old age security program, and pension. CHAPTER III miscellaneous PROVISIONS article 9 For companies that have served workers in the social security program based on the labor law No. 3 of 1992 on the social security of labor prohibited social security programs reduce the workforce that has followed. www.djpp.kemenkumham.go.id


2013, 2537 CHAPTER IV CLOSING PROVISIONS article 10 regulation of this President comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of regulations this President with its placement in the State Gazette of the Republic of Indonesia. Established in Jakarta on December 27, 2013, PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on December 27, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id