22

50. The dues collected from the workers have proven to be not only

incriminating workers, but also businessmen. In the midst of its weak conditions

the national industry that tends to lead to de-industrialization, and

an economic crisis which is a prolonged crisis, government policy that

incriminates the world of the effort should be avoided.

51. The value of a viable life requirement that is based on determining the value

iuran that is levied, to date is still mediated by workers and

the worker organization. The value of life needs is worth which is set by

the government is still far away from workers ' expectations. Resulting in levies

reduced worker income by significant.

52. That in addition to the matter of the magnitude of the levy value, the question of obligations of the iuran

the payment of the premium itself is a violation because

conceptuses on the citizen's obligation to be a participant,

on the other side of the country It's supposed to guarantee the rights of his citizens.

get right, to pick up the dues, then what about taxes

the citizens that have been and keep paying?

53. Is not the protection and guarantee of a country is a lead relationship

back on the duty of tax payments on citizens, as well

reciprocity relations with the authority granted by citizens

the country as Social contract theory ?

Based on all such descriptions above, then the applicant concludes the formulation of the formula 17 paragraph (1), paragraph (2), and paragraph (3) of the Code No. 40 of 2004 On the National Social Security System contrary to the Invite- Constitution of 1945 in particular the opening of the Constitution of 1945, Article 28D paragraph (1), Article 28H paragraph (2) and paragraph (3), Article 28I (2), paragraph (4), paragraph (5), and Article 34 of the 1945 Constitution.

IV. Petitum

In Provision

1. Application for Act No. 40 of 2004 on

The National Social Security System will have a direct impact on

The current Social Security Organizing Agency bill is

in the proceedings of the Council " People's Representative of the Republic

Indonesia.

23

2. According to this then we are petitioners, begging

The Constitutional Court to issue a determination or a verdict

to temporarily halt the Process of Dissolution

verdict on the case a quo, hal this is solely for the budget efficiency

and the certainty of the existence of the Social Security Organizing Agency.

In the plea

Based on the above descriptions, the applicant pleads to the Assembly

Court of Justice Constitution to inspect and disconnect the

Testing of Article 17 paragraph (1), verse (2), and paragraph (3) Act Number 40

In 2004 on the National Social Security System Against UUD 1945,

as follows:

1. Accept and grant the entire application of the legislation

the applicant;

2. Article 17 paragraph (1), paragraph (2), and paragraph (3) Law Number

40 Year 2004 on the National Social Security System contradictory

Constitution of 1945,;

3. Article 17 paragraph (1), paragraph (2), and paragraph (3) of Law Number

40 Year 2004 on the National Social Security System, do not have

binding legal power.

4. Order of the Assembly of Justice of the Constitutional Court which

grants the application of testing Article 17 of the paragraph (1), paragraph (2), and paragraph (3)

Act No. 40 of the Year 2004 on Social Security System

National against the Constitution 1945 to be loaded in State News in the term

the slowest time thirty (30) days of work since the verdict is pronounced.

If the Assembly of Judges argues another, please the verdict be as fair.

[2.2] Draw that to prove its control, the applicant has

submitted a written proof tool given the P-1 proof mark up to the P-4 evidence,

as follows:

1. Proof P-1: Photocopy Act No. 40 of 2004 on

The National Social Security System;

2. Evidence P-2: Photocopy Of Employment Data In Indonesia;

3. Evidence P-3: Photocopy Of The Number And Percentage Of The Miskin Population;

24

4. Evidence P-4: Photocopy of the 2010 Jamkesmas Receiver;

The petitioner also submitted four experts who

heard her face in front of the trial on March 16, 2011.

at the point of explaining it as a following:

The applicant

1. -DR. Dr. Siti Fjustice Supari, SP.JP (K)

That health assurance is a very fundamental thing and

being a very important part of social security.

In the fourth paragraph the Opening of the Basic Law of 1945 with

clearly stated that the duties of the State Government of the Republic of Indonesia

is First, protecting all Indonesian people and spilling blood

Indonesia. Second, advance general welfare, Third, scatting

nation life, and Fourth, performing world order

Based on independence, eternal peace, and social justice.

That Government has seemed to be trying to be as constitutional as possible

by carrying out health guarantees for the poor and

half poor, i.e. by libering the cost of services

health in Puskesmas and a grade 3 hospital;

That social reassurance is clearly indicated in the Basic Law of 1945 at

Article 28H paragraph (3), and social security is the right of each person, meaning

is a government obligation;

That for its implementation, the government governs in the Invite-

Invite Number 40/2004 on the SJSN. This Act survived from

its name ostensibly set about the exercise of social security.

nationwide, but if we're dead, it turns out to be about

Social insurance to be managed by the Agency. The Social Security executor,

and of these two are already inconsistent.

That Article 17 verse (1), paragraph (2), and paragraph (3) Act No. 40

The year of 2004 is, contrary to the supreme constitution, Preambul

Basic Law of 1945.

That the mukadimah of the Basic Law of 1945 is its bill of

the entire body of the Constitution of the Constitution of 1945 and its spirit of the State

Unity of the Republic of Indonesia, and in the 4th paragraph the preamble is clear

25

The purpose of the government is to form one State Government

Republic of Indonesia that protects all of Indonesia and

all Indonesian blood spills, and to advance welfare

general, and beyond. Meaning protection is the right of the people. The government

is obliged to protect its people, including from a health disaster.

Article 17 paragraph (1), paragraph (2), and paragraph (3) of Law No. 40 Year

2004 on the National Social Security System, people must purchase a premium

in order to protect itself from a social disaster, of course except that

poor. And let alone Article 17 paragraph (2) Law Number 40 of the Year

2004 on the National Social Security System, requiring the giver

work to levy some of its workers ' wages to be paid to the party

third that notabene belongs to Government, for the sake of getting bail

his health, for example, is health insurance. The labor force who

wages Rp 1,300,000,00, was forced to cut his wages to

a health guarantee for himself and his family. Likewise employees

civil, TNI, and Polri at a certain degree of rank;

Article 17 paragraph (1), paragraph (2), paragraph (3) of Law Number 40 Year 2004

on the National Social Security System in conflict with Article 28H

paragraph (1) and verse (3), and also Article 28I paragraph (4) and paragraph (5) of the 1945 Constitution.

Article 17 paragraph (1) Act Number 40 of 2004 on System

National Social Security Guarantee, "All participants are required to pay dues." This

could be interpreted if it does not pay, then it has no right

the government-provided health care ministry. Although the poor

will be guaranteed by the Government, but between the poor and unable to

pay, then it does not get the right to get

his service.

That paragraph (2) of Article 17 of the SJSN Act, which in its position states,

"The workman must cut the wages of its workers." That is, this section only

for formal workers, without seeing whether the wages the worker receives

is below the poverty line or not? Participants who can

pay required by the Government.

Participants who can pay or able participants, are required by

The Government, if the SJSN applies, and buys insurance premiums to

the insurance company It's called the "notabene" BPJS.

26

belongs to the Government, with a nominal value also determined later by

the Government. The paragraph does not comply with Article 28H of the paragraph (1)

and the paragraph (3) of the 1945 Constitution that states, " Everyone is entitled to live

be born and inner, live, get a living environment

which is good, and healthy, and in the same way that you are not a person of the right. entitled to a health service. "

That paragraph (3) of Article 17 of the SJSN Act, which at its point states,

"Everyone is entitled to social security." So that means not only

formal workers alone who allow for their development

intact as a dignified human;

On Article 17 of the paragraph (1) Act No. 40 of 2004 on

Social Security System Nationwide, participants are paying dues, medium

that cannot pay, but excluding poor categories, then not

will get health care at all, this is an example in

the health field. In the case of Article 17 (1), paragraph (2), and paragraph (3)

Act No. 40 of 2004 on the Social Security System

National takes place of health care discrimination and

a health service that does not. fair because in Section 17 of the paragraph

(1), paragraph (2), and paragraph (3), Act No. 40 of 2004 on

The National Social Security System only applies to formal workers who

have wages, e.g. labour, PNS, TNI, Polri as well as poor facir and person

who ca n' t afford it. Whereas beyond that, informal workers, parents

who are not retirees, babies, and children who do not include facir

poor, but unable to pay, will not get

state protection is a social guarantee version of the Social Security System

Nasonal. While unemployed, parents are not retirees, babies, and

children who cannot afford to pay but do not include poor fakir,

also a group that should be protected by the state from disaster

health or disaster Another social.

Turns out Act No. 40 of 2004 on the Guarantee System

The National Social is not just as opposed to the Preambule, Article 28H

and Article 28I of the Basic Law of 1945, but also inconsistent

in the chapter and the ayat-ayes. In the Act, it is indicated

clearly on Chapter I of the General Terms. In the General Terms section,

is indicated on Article 1 of the paragraph (1) of the Social Security Definition. Whereas

27

paragraph (2) is about the Social Security System System, which can still

we understand, that is the way the National Social Security System system is by some

BPJS, when the BPJS is not yet clear. On verse (3), suddenly there are words

'social insurance'. Then verse (4), and so on again talks

social security. While it is clear the meaning of 'social insurance' at all

is different from 'social security';

If social security under the Basic Law of 1945 is

Government obligations and is the right of the people, then social insurance,

The people as participants must pay their own premiums, the people must

protect itself. It means the government releases responsibility

against protecting its people. On social security, health care

does not discriminate against age, does not discriminate against the disease the participant suffered,

but on the social insurance of the participants it is restricted, only to

the worker, whose age is determined, if It's sick. No more.

-Come on, and so on, even have to keep it out.

It's been paying a premium.

That social insurance business with the insurance business is almost nothing.

different. There is little difference, among other things lies in its membership.

In social insurance, participants are forced by the rules, forced by

the legislation the Government makes to have to be a participant

certain insurance. Whereas insurance is common, participants have the right

to finance which insurance wants to be followed. Consumers

voluntarily buy an insurance product without coercion. However, with

Act No. 40 of 2004 on Social Security System

National, then PNS, workers, TNI, POLRI, at level-level

certain forces are coerced by regulations or laws

that created by the Government to purchase insurance in the company

Certain insurance belongs to the Government called BPJS;

That it is not fair, because the Government is giving regulations

to exploit its people for the sake of The insurance management benefits that

notabene belongs to the Government, and that also very unsuitable

with the purpose of why we are nation and country Indonesia;

That based on that view above, Act Number 40

In 2004 on National Social Security System should be cancelled

28

its objections, and the Government must immediately prepare the System

National Social Security in accordance with the constitution;

2. Prof. Dr. Sri Edi Swasono:

Indonesia is independent based on the doctrine of national nationality and doctrine.

Related to Act No. 40 of 2004, then the more

relevant and we underline is the doctrine of the keracyatan;

The doctrine of the Kerakyatan Indonesia is positioning the people as sovereign,

meaning the throne belongs to the people, the throne is for the people. More further

this means that the position of the people is a substantial central. The meaning of the people is always

plural, the people are the people, which in English is probably

referred to as the people is plural form, people always are, not people

is. Therefore, according to the doctrine of the doctrine, do understand

together and different family principles with the principle

the individual in the colonial era, the individual principle we

reject, enforced. In colonial times it was understood

The individualism is essentially western liberalism;

Asas kesimultaneously is the soul or spirit of the Basic Law of 1945

which is covered by Pancasila. The concurrent asas appear resolute and

explicit in the opening of the Basic Law of 1945 is that we

establish a state government to protect all nations

Indonesia and the entire Indonesian blood spill, advance welfare

in general, and lecture the nation's life and participate in order

the world. The same asas may also be seen in the section and verses of the Invite-

Invite Basic 1945, for example in Article 1 of the Basic Law

1945 that the people have absolute sovereignty as an expression

rather than vertretung organs de vertretung organs de civilians de staats folks;

In Article 27 of the paragraph (2) of the Basic Law of 1945, that each

the citizen is entitled to a job and a livelihood that is worthy of

humanity. Similarly, under Article 33 of the Act

Basic 1945, that the economy is structured as a joint effort, not

individual effort, joint effort based on family asas,

that the production branches that important to society and

mastered the hajat lives a lot of people controlled by the state and that the earth,

29

the water, and the natural wealth contained in it is used for

as large as the prosperity of the people.

Similarly expressly mentioned in Article 34 and also Article

28H The Basic Law of 1945. The opening and the rest of the articles

above is the social rights of the people, so a founding

father mentions the social rights of the people;

The basis of the substantial central position of the people, then the right to the right of the people. People's social media

This is positive active is not a passive negative. That is, what

being the right of the people should be held in a state high, not given by

the state is accompanied by a philanthropic altruism, which means not caritas

nor is it not for compassion, entirely right social of the people;

Law Number 40 of the Year 2004 on Social Security System

National is fundamentally contrary to the Basic Law

1945 of the square, first, changing the social rights of the people to obligations

the people. This is real in Section 17 of the Guarantee System Act

The national social affirm with the words 'compulsory'

several times, it means forced and not voluntary and that obligation

is set by another party not by the will of the people themselves. Second,

shifting the country's obligations in its duty of respect for social rights

the people to the third party in the form of mandatory pay dues that

the magnitude of which is determined by the other party. This means that the social security

is actually turned into an insurance business. Third, social rights

the people are transformed into a commodity commodity and this is a movement

ideological neo liberalism, which is now being struck

Indonesia, which is certainly contrary to the Basic Law of 1945

and Pancasila. That is, if the social rights of the people are approached as commodities

the business, then a substantial central position of the people, is reduced to

a residual marginal. And the interests of the economic business are placed

to a substantial central one.

Article 17 Act No. 40 of the 2004 tentag Guarantee System

National Social, it must have been terrible because the country left fate

the working people to the third party. That third party, the real thing is

the power of the market.

30

The market is not just the locus of demand for demand and

offering, but in the current era of economic globalization, the market

is developing a gluttony spirit that predatoric. The market is global

financial tycoons or global financial emperors, which are inevitably merongrong

the social rights of our people through the insurance venture agencies. because already

proved to be empiric everywhere, no exception in Indonesia that

the current multi-national insurance business agencies are peeping at opportunities

large businesses are being opened up among other by the Act Number 40

in 2004, which in particular was Article 5 and Article 17;

That this would eliminate the people's social rights and change it

be the social obligations of the people, and the dependency of the people. That is,

changes to social responsibility or becomes social dependency,

at the same time eliminating the asas togetherness and turning it into effect

individual asas, in accordance with wetboek van koophandel, which It applies at the

-Colonial era. This is a national misappropriation or disorientation

in understanding the Basic Law of 1945, which is blatant

rejects the individual principle. And it all goes to pragmatism

and ignores the national ideology;

Social security is not social insurance, therefore the Act

Number 40 of the Year 2004 on the National Social Security System

contrary to the Basic Law of 1945, and need to be cancelled.

3. Poppy Ismalina, S.E., PH.D.

The field of expert expertise is the economic development, public administration,

public economy, and welfare economy.

That it is based on some statistical data published by the Bureau

The Statistics Center, the Official Statistical Data Institute of the Government of Indonesia,

shows that there is no guarantee of a viable quality of life in

Indonesia, so it could be said Act Number 40 of the Year 2004

about National Social Security is mainly Article 17, ca n' t we allow

for as long as it does n' t Legal protection for the People of Indonesia;

That in Law Number 40 of the Year 2004 on System

National Social Security at the weighing items, it is mentioned that the Invite-

Invite set the social security system Nationwide, to guarantee

31

any person in Indonesia, entitled to a social guarantee to be able to

meet the basic needs of life worth;

The definition of social assurance is mentioned by that Act, in Section 1

paragraph (1), which is one of the forms of social protection to guarantee

the entire people in order to be able to refit the emphasis on needs

the basic living basis. However, when entry to Section 17, which

is described in the section does not reflect what it means at

in the item weighing the legislation and in Article 1 of the paragraph

(1).

That Article 17 of the SJSN Act confirms the Act No. 40 of the Year

2004 based on both public and economic standards

welfare, which is set in the Act is the system

the insurance is not social security system.

In the public economic treasure, public administration, or economy

welfare, there are 2 situations that must be met for a country if

enacting a social insurance system instead of social security system

that was decided by Indonesia in the Act Number 40 years

2004. first is a country that can enact an insurance system

social if a country has a population administration system

effective or single identity. Whereas Indonesia does not have a system

effective population administration. The most

real policy illustration in showing the failure of the Indonesian Government in terms of

the population administration system is a tax-tax system that

is enforced in Indonesia. We use the "self assessment",

so that an actual citizen he already deserves to be

taxpayer, he needs to consciously come to the tax office for

reporting himself that he's worth it. It's mandatory tax. The decision

is consciously taken by the Government of Indonesia, given the system

the highly effective Indonesian occupation administration in

identifies the population, population status, let alone level

revenue;

That when Act No. 40 of the Year 2004 on the National Social Security System, it is mainly emphasized in Article 17 of the paragraph (1)

saying that, " Each participant is required to pay the specified dues

32

based on the presentation of the wage or a number of nominal. " Requirements

The minimum is there must be an effective fulltime registry. Because at

in the implementation of the Article, it is assumed that there are 3 classifications

residents, i.e. first, Fakir Miskin, which is below the line

poverty, second, the middle-middle population is above a bit

The poverty line, until later at level medium based

economic classification, and the third is the intermediate upper layer;

If the country does not have an effective fullness system, it is

The economic vertical mobility of a citizen is highly likely to occur,

he not only then in 10 years remains in one level

medium to bottom, but could then shift for example because

the economic crisis, and the economic structure are vulnerable. This could not be anticipated

with the logging of the population. If then we look at the system

existing population logging in the country that enacted the system

social insurance, then any country that applies the insurance system,

examples of course developed countries, temperate countries. evolving,

Malaysia, Philippines, they already have a logging system, then

shifting income level, public economic status or citizens

the state is recorded perfectly, so then the country can

multiplies, whether she is required to give or then get

bail Social. When this is not filled with public administration, Article 17

paragraph (1) becomes null or void to apply in Indonesia;

That the next situation is highly subtantive and very thrilling to our souls. that is a situation that must be met in a country that

enacting a social insurance system is the most basic question

fundamental, is there a guarantee of life worth living in Indonesia?

A second question, whether a country that would enact

social insurance passed through Act Number 40 of the Year 2004,

has given the protection of a viable life?

There are six indicators that could be presented are a live guarantee worth

in Indonesia? Because then the answer is no,

should the government be wearing dues to a citizen who

so long as it does not get the protection of the life of the government or

the country?

33

The first one, this data was published by the BPS on the book Index

Human Development of 2008. The BPS in the book

shows in a decade of ten years, purchasing power

the Indonesian society only increased by Rp 40,000,-from 1996

to 2008. This purchasing power data is calculated manually by BPS

with per capita expenditure for 27 commodities, so

it is mathematically simple if we share, the purchasing power only rises

Rp 40,000,-it is divided for buy 27 commodities, then for 10

years of purchasing power Indonesia to buy per commodity ingredients

the staple includes housing less than Rp 2,000,-;

That the data is shown by the Central Bureau of Statistics in Index

human development, the buyer is rice, beef, chicken,

milk, spinach, electricity, drinking water, petrol, kerosene, and housing.

To buy 27 commodities, the purchasing power of Indonesian society only

increased Rp 2,000,-for 10 years;

That the purchasing power conditions if we Compare that with data

inflation and one commodity price, this would be far more pointed at

we are that there is a quality of life quality viable in Indonesia;

That the 1996 data inflation is 7.9%, the purchasing power of that increase only 0.9%

from 1996 until 2008. While we see the price increase

increased sharply, when the rice price from Rp 880.00 to Rp 2,099.71.

And in 2010, inflation was 6.9%. If we look at the price of rice from

Rp 880.00 in 1996, the year 2008 Rp 5,444.00, certainly exceeds the percentage

a rise in purchasing power of only 0.9%. So that on one side of the purchasing power is very

low, on the other side the price is experiencing a pretty sharp rise;

Another indicator is about the chance of education, the average old

school for 10 years is only the addition of 1.2 years old. That means that

in 1996 the average Indonesian people were required to study

school only until the third grade of 1996, then in 2008 only

could be in 5th grade. "The target of the Indonesian society that is required to learn is not

can be fulfilled." Thus very dear BPS data returns again

showing the ranking of our Human Development Index it is in

the 108 position of 177 countries;

34

If we look at our neighboring country, Singapore ranks 25, Malaysia 61,

The Philippines in economic macrodata is almost close to us,

far left us at the 84 ranking. We are aligned with Laos and

Cambodia;

Another indicator is about the poverty line, the size of the buy power calculation

that concludes only Rp. 40.000.00 in 10 years,

has the base Indonesia's population calculation is

Rp. 628,000.00. The number of poor residents who are the basis of calculation

or as a decision-making basis takes the revenue base

only Rp. 200,000.00. So, there is a margin of Rp. 428.162.00 distinguisting

purchasing power and poverty rate;

That talks about the per-capita income of Indonesia, for the population,

for the average income per capita, then wages labor is just about

3-4%. So, if there are 100% of the total national income earned by

Indonesia, then the population or population ration that

works as a formal labor worker, it's only 3-4% only;

Looking at growth data economics, the labor force of 1996 =

88.19 million, 2005 = 107.8 million, then almost 10 years

The government only increased the workforce of 18.89 million,

as well as formal workers;

About the highest education workers in Indonesia, February 2009 = 75.28%

residents of 15 years of age to Top-educated job

Junior high school. We can tell education qualifications or wage levels that are

received by workers with junior high school qualifications;

That can be drawn to conclusions, there is no guarantee of a viable quality of life in Indonesia, then the warranty system the social enacting system

social insurance as mandated by Article 17 of the paragraph (1) not

deserves to be enforced in Indonesia. In addition to the unseeming, violation or

absence of a viable life guarantee in Indonesia, has violated

The Basic Law of 1945 in particular Article 28 of the paragraph (1), Article 28C of paragraph (1)

and Article 34 of the paragraph (1), paragraph (2), and paragraph (3);

That a special hearing about the Act No. 40 of the Year

2004 in particular Article 17 of the paragraph (1), has delivered to us a

conclusion with the data that experts show, there is no guarantee of quality

35

life is viable in Indonesia, meaning when there is no guarantee, then

the state has violated its people ' s rights. Whether when the state has

violates its rights, the state is entitled to wear a dues for its people

to provide social protection?

4. -DR. Margarito Thursday, S.H.

That regarding the testing of Article 17, there are two major problems. First, the problem of the philosophical value of the state function and the nature of the citizens. Norm

any country contained in Article 17 of the paragraph (1), and the obligation

pays dues as well as the great norm is set by percentage

of a wage or a certain nominal amount, According to the expert, it

incoherent with the basic idea of the formation of a state that

the founder of this country is predicted as a caretaker state. In a sense

the state through its agility, the government, does a series

the act of government based on the law in taking care.

That humanize or parodied it or was crucified, not

participants but it is a citizen.

That the participant's norm in Article 17 of the paragraph (1) Act 40/2004, reduces

the nature of the country's terminology as one constitutional terminology

which is used in a series of provisions of the Basic Law.

1945. This norm reduces the constitutional nature of a citizen's terminology

as one law-value and humanitarian-quality terminology

defined, transformed into a numerical quality sociological terminology.

Even this norm. also change the nature of the country as an organization

The power reserved in the desires of the founders of the state, wrong

one through the words of Bung Karno, " Not for one group, to be

one commercial legal entity and It is assigned to a group of workers.

Working group. "

The change in meaning and the nature of the country is getting real and hard to see

through the norms contained in Article 17 of the verse (2). Norm

in this section denies the state's obligation to take care of its citizens,

by granting non-limits rights to the employers picking

a sum of money;

A second Problem, about legal certainty. The entire norm In Article 17 of the verse (1) raises the following question; What about the citizens

36

which is neither wage nor does it work?,

Who set out the iron? This problem-peroblem certainty

the law in the norms contained in Section 17;

The Norma contained in Section 17 of the paragraph (2) gives rise to the problem

as follows, what is the following, what is the point of any employers? Is

The legal entity? Is it personal? hard to not qualify

the norm of each worker as a way to trick or

hide the other intent behind this norm;

That it is hard not to ensure that the norms of any employers

are intended to be as a corporation or private legal entity even

perhaps another legal entity;

Another problem contained the norm in this paragraph is by the way

does the employers add up to its workers ' dues? This is in

Article 17. Who dares to guarantee that the employers do n' t

be taxed? Is not thus the country bearing two

loads or double loads to the employers;

That the norm in verse (3) poses the problem as follows, who

sets the dues on a regular basis? By way of whether to fit

the dues with the social development of the economy and the basic needs of life

that are worth measuring and ascertain to be determined the increase of the iuran

periodically.

That strongly contradictest the norms contained in

paragraph (1), paragraph (2), and paragraph (3) with Article 17 of the Law No. 40

Year 2004 with a set of norms contained in the section-

section The Basic Law of 1945;

That in addition to denying the functions and or liabilities of the state by

the forming of the Basic Law of 1945, in its own way it has

outlined in the opening and the provisions of the Act of the Dasar1945 Act,

norms in third paragraph Article 17 of Law Number 40 Year

2004 as well deny the constitutional order to the state to

provide legal certainty in the state, as indicated

in Article 28 of the paragraph (1) of the Basic Law of 1945.

That the constitutional rights of the citizens of the country are not work, but at the same time

the same unqualified law as a facir and poor are denigrated

37

by all three verses. The qualifications of working citizens who enter

within the range of norms on all three verses are clearly

real denial of the principle of equal and justice treatment

that the state should give the citizens of country. Clearly the third norm of the verse

denies Article 28H of the paragraph (2) of the 1945 Constitution, "which guarantees the right

of each citizen to obtain the opportunity and benefit

equally to achieve equality and justice."

That norm in verse (1) up to paragraph (3) of Article 17 also

denies the constitutional right of any citizen obtaining a guarantee

social, whereas this guarantee is intended to allow any citizens

country developing himself completely as a human being

dignified. Clearly the norm in all three verses denies Article 28H of the paragraph

(3) Basic Law of 1945;

That there is no reason also to not qualify norms

in these three verses as the norms that deny the order or

a prohibition to the state not to treat citizens in

discriminatory, as set in Article 28I paragraph (2) of the Act

Basic 1945;

The rights laid on one party pose an obligation for parties

others without express affirmation as the norm in

Constitution. The obligation is self-present because of the right to him

to allow others to fulfill it.

That for the sake of the moor is not only a constitution but rather the order

of a state. According to the expert, the Court deserves to qualify norms

in paragraph (1), paragraph (2), and paragraph (3) Article 17 of the Law No. 40

Year 2004 on Social Security, as its constitutional norm

invalid.

In addition to submitting the Expert, the petitioners also submit the witnesses which

heard of his statement in the May 18, 2011 trial of which

illuminates as follows:

Witnesses the applicant

1. Rosidah

That the witness is a housewife;

38

That the earnings of the witness from a retired Army officer

Land, who received a witness each month;

That the witness earns a pensioner ' s money of Rp 1,400,000 each

The moon and after the cut, the witness only brings home

Rp 30,000.00 every month.

That witnesses get retired from Asabri (Army Insurance

Armed Republic of Indonesia).

That witnesses have 4 children.

That aside from witnesses getting money from retirees also get

money from babysitting neighbors.

That the witness as the widow of a former apparatus does n' t get anything other than

retirees.

That witnesses follow Askes.

That the payment of the witness Askes is already cut from the pensioner.

That the Askes value of the witness is about Rp 26,000.00 every month.

That Askes paid the witness not cover health guarantee

entire family witness.

That right now, Askes paid the witness onlycover 3 persons.

That when the witness children were still small, the Askes were able tocover 4

people.

That according to the Government's decision at the time, Askes adjusted the salary

per soul, because the salary per soul of the witness is three, then 3 persons who

got Askes.

That the witness is also an RT Chairman.

That witnesses often take care of SKTM by giving a letter

a poor description for the public asking for a description that

including the poor and the caption for leniation for

the public asking for Cost relief.

That witnesses also want to take care of SKTM because despite having an Askes,

witnesses still have to pay if it is a syringe and

pay Rp 15,000.00 to check for blood, other than that not all families

witnesses guaranteed Askes.

That with Askes, when the witness is mediated to the Puskesmas or the hospital

not charged for buying a syringe like the general public

39

that is Rp 15,000.00 and for a blood check only imposed

Rp 15,000.00 for Askes users and Rp 20,000.00 for the public

general.

That was not charged for the SKTM and Gakin ' holders.

That up until now Gakin is gone, and for the citizens

being treated only granted an uncapable letter.

That until now the witness has not yet ever managed the Gakin again and

just take care of SKTM.

That witnesses expect Government assistance when unable to work

again, let alone now one school witness still school and both children

others are already working with a limited income.

That witnesses have debts in the bank for borrowing money for

fixing the house.

That witnesses can do a money loan from the pensioner

with the consequences of the cuts against retirees until it is left around

Rp 30,000.00.

That up until now only two witnesses were borne by

Government and Askes also bear witness and two witness children.

That witnesses did not prepare savings for the old days.

That the witness did not preparing costs for his death.

That witnesses were not willing to pay the insurance premium because

earnings are fitting.

That witnesses paid Askes because it was already automatically cut from

retirees.

That witnesses do not feel happy with the money cut

Rp 26.000.00 because even though there are Askes, witnesses sometimes still remain

must pay, but with SKTM being able to get a 50% cut

to free.

That witnesses sometimes feel sad if his children see him

sick, although from small to now the witness has never been treated at

the hospital, but the witness is disappointed when his sick son is taken to

direct heirloom charges for blood retrieval and purchase

syringes.

40

2. Amiruddin

That witnesses get a cut of Rp 19,000.00 each month for

Jamsostek Card payment.

That witness salary is Rp 1,100.000.00.

That witnesses have not been family.

That witnesses once used the Jamsostek Card when the accident.

That the accident that befell the witness was a work accident.

That at the time the witness was not released from the expenses in the hospital.

That at the time the total cost needed for the witness treatment

was Rp 24,000.000.00.

That the whole cost is paid by the Witness.

That Jamsostek only shieldscover Rp 12.000.00 treatment costs

witnesses.

That the witness paid Rp 24,000.000.00.

That the total cost paid at the time was Rp 36.000.000.00.

That the witness suffered a broken leg and hand in an accident.

That the accident occurred not far from the workplace when the witness returned to work

heading home.

That witnesses were still working on the company that long ago.

That witnesses still get a cut of Rp 19,000.00 each month.

That the Witness does not agree with the withdrawal of insurance premiums if it is the same

by month or Jamsostek as it is considered futile where

Even if it pays for every month, there's no 100% guarantee.

That there are others other than witnesses who do not have Jamsostek but

is borne i.e. by using SKTM.

That with SKTM borne by 50%.

That the earnings brought home the witness were already cut with

Jamsostek.

That witnesses can work up to about 50 years or until old.

That the witness lives in his own home with his mother.

That witnesses ca n' t save his income money as much

Rp 1,100.000.00 because it is just enough for everyday expenses.

41

That witnesses would like to attempt to obtain a better job for

plotting her life ahead.

That the witness has not set up her death fee as yet to have

fees.

3. Indrajaya

That the witness is a Gakin Card user.

That witnesses get the Gakin Card from RT.

That RT data the poor citizens and then report it to

Kelurahan then Kelurahan gave the Gakin Card.

That the Formation of the Gakin Program is seen from home conditions, the environment,

where it happens to be residents in the witness area many live in high areas,

slums, and many SDM that are below the standards so formed the Program

Gakin by the RT chairman.

That the Gakin Program was recently issued from the Department of Health

Number 9.

That the witnesses had a job not necessarily.

That witnesses sometimes work as a driver, fix the pump engine,

or washing the toren of water or water pumps.

That the average witness income is Rp 500,000.00 each month.

That the witness has one wife and three children.

That the eldest witness child is 22 years old and unmarried.

That the first child and a second child witness have worked in a shop.

That the third child witness is still Sitting on a junior high school bench.

That witnesses get Raskin ' s rice as much as 20 kg each month

for Rp 21.000.00, in addition to the rice obtained, witnesses also

obtained the rice from the buy, and the witness also bought the salted fish for

his life in one month.

That by a currency witness Rp 500,000.00 was used for school expenses

his son.

That witnesses get Gakin.

That witnesses once used the Gakin card.

That witnesses used the Gakin card to operate the appendix

her son that broke out in 2007 and not long ago in 2010.

42

That in 2010 the results of the rontgen show that the child's lungs

witness dies next door.

That the entire family of witnesses at-cover by Gakin.

That Gakin cover all kinds of diseases including surgery.

That witnesses were not at the hospital budget.

That at the time of coming to the hospital, witnesses were asked where it came from

and wanted to use what cards. or use its own expense.

That witnesses were asked to pay with what, and witnesses answered will

pays with the Gakin Letter and then shows it so

the witness does not need to issue a fee at all.

That the witness is a social activist who likes to help people

to get the SKTM Card.

That in the witness environment many were getting Gakin.

That to get the Gakin needed to be investigated beforehand if

the citizen was really worth getting Gakin.

That there was a witness neighbor which according to witnesses including poor but not

get Gakin.

That the citizens who did not get the Gakin because Gakin is closed

and replaced with SKTM, where SKTM is given from Puskesmas

Poor verification that was then forwarded to a large hospital and home

the pain is not may withdraw fees at all.

That witnesses often assist the residents of the non-possess witness neighbours

Gakin to take care of the SKTM card.

That for the Gakin card, RT is coming to the citizens to data and

then down Gakin.

That the SKTM pattern must be a patient treated first.

That the doctor often advocates for take care of SKTM if the disease

the patient is heavy, so the cost does not need to be paid at all.

That the SKTM business process is not long ago only from RT/RW to the solubility

then to Puskesmas and directly to the hospital.

That as long as the witnesses use SKTM in the hospital-care

start from the Lab Blood, rontgen, to the ICU room only 0%.

43

That the witness does not agree to pay the insurance premium because for

eat it hard and beg the Judge Assembly to remain

retain the Gakin.

4. Tarmuji

That the witness is a SKTM user.

That witnesses get a SKTM card when his son is in the hospital.

That the witness does not take care of his own SKTM card but is assisted by

members of the DKR.

That the witness has a KTP Bekasi "nembak" so that it does not know

its origins.

That to get the SKTM witness must have a Jakarta ID.

That the SKTM card was used in a witness at the Hospital.

That the SKTM card could be used to free the hospital expenses

the witness child.

That the total cost of the witness child hospital is approximately Rp 3.000.000.00 and

free.

That ID KTP is a KTP Bekasi obtained by "nembak".

That KTP the witness used to get SKTM was KTP

Bekasi.

That the witness has already committed the management to RT/RW, although not

is ignored by the hospital.

That the witness works as a driver.

That the witness income is Rp 600.000.00 every month.

That Witness earns Rp 600,000.00 not including the meal

Rp 22.500,00 every day.

That witnesses have one wife and one child.

That the witness lives in a rented house.

That witness pay the house contract as much as Rp 350,000.00.

That the witnesses left Rp 250,000.00 from Rp 600,000.00 salary

every month.

That the witness issued the money for a milk of Rp 60.000.00 and the rest

Rp 70.000.00 for a week, and if it was less witnesses using the money

monthly months yesterday.

44

That the monthly money is used as witnesses to cover the shortfall

even though it is also lacking.

That the witness with the wife and child, eating using the feeding money

witnesses per day is Rp 22.500.00 each day.

That the Rp 250,000.00 money is not supported by the witness will but be used

to cover the daily shortage.

That witnesses work in the company as drivers.

That in the witness company there is no Jamsostek.

That the witnesses and other workers at the company did not get

Jamsostek.

That the number of employees in the witness company is around 25 people.

That witnesses have worked for 5 more years at the company.

That after working five years more witnesses were not included by Jamsostek by

the company.

That witnesses have not been able to prepare an education for his son because

his salary is not enough.

That the witness had not prepared anything when he was 60 years old and

could not work again.

• That the witness cannot save.

5. Saja'ah

That the witness is a Jamkesmas card user.

That the witness is a housewife.

That the witness husband is a serabutan worker.

That the witness husband sometimes works as a building coolie and

painting.

That the average witness income is Rp 500,000.00 each month.

That witnesses have two children, the first nine years and

the second five and a half years.

That the Rp 500.000.00 money is not enough to the cost of living a witness for

a month.

That witnesses get Jamkesmas starting with the KK collection and

KTP used to get a card. And after a few

months there are cadres that hand out their Jamkessour cards.

45

That which asked KK and KTP was Kader Posyandu.

That Jamkesmas was removed from Posyandu instead of a witness request.

That the witness once used the Jamkesmas card.

• That the witness suffered from the gland disease in the leg, thus starting from checking

blood until the operation used Jamkesmas.

That the witness was not charged at all.

That the operating cost imposed to the witness was Rp 4.000.000.00.

That the witness stayed in Depok.

That the witness performed the operation at the RSUD Depok and for free.

That only the witnesses and the witness husbands were getting Jamkesmas and

the witnesses did not.

That not all members Witness families are borne by Jamkesmas.

That witnesses have not prepared preparations for his old days because for

can eat everyday alone already grateful, let alone with money

Rp 500,000,00 witnesses have not been able to save.

That the witness has not yet prepared the cost of his death.

That the witness was not willing and disapproved of the the payment of the payment

the insurance premium every month because the witness could not.

6. Rohman

That the witness job is a motorist.

That the average witness gross income is Rp 40.000.00 every day.

That the average witness net income is Rp 25,000.00 each

The day.

That witnesses have one wife and two children.

That the first child of the witness is 13 years old and wants to ride to junior high.

That the second child witnesses sat in the first grade of elementary school.

That the average money per month obtained by the witness is Rp 25,000.00.

That the average witness each month is working 25 days because sometimes

gets an obstacle for example breaking the tires and needs rest time.

That the witness split the money Rp 25,000.00 every day that was

inserts Rp 10,000.00 for the school witness fare and

Rp 20,000.00 for a meal a day, it is said to be less.

46

That the Rp 10,000.00 money is used as a witness for the second fare of the person

the child.

That witnesses and families eat daily with Rp 15,000.00.

That witnesses feel less money Rp 15,000.00 for a day-to-day meal fee-

days.

That witnesses were once in an accident.

That witnesses issued their own charges by means of debt owed to

anyone for a drug charge to the hospital.

That the drug value at the time was Rp 500.000.00 which used for

stitching witness wounds.

That the money came from debt owed.

That witnesses have also experienced minor pain and only

using a pretrial drug alone, one of which is bodrex.

That witnesses did not go to the doctor for fear of having no money because

life needs are hard enough to be pressed at the hospital.

That the witness did not get the Gakin Card.

That the witness did not get The Gakin card because when the BPS party wanted to

survey, the witness teased from morning to night.

That at the time of the accident, the witness did not take care of the SKTM card.

That witnesses do not take care of the SKTM card for choosing a borrowed debt.

That the witness is not trying to take care of SKTM.

That witnesses cannot afford an insurance premium because with

earning Rp 25,000.00 each day, to eat it less than any less

to pay dues.

That witnesses prefer dead rather than pay dues.

That the witness has not prepared preparations when the witness is 55

or 60 years or when the witness is unable to mock again.

That when 60 years old, witnesses want to live with a statement.

That the witness wants to do the ikhtiar before it dies.

That Now witnesses do not pray for being exposed to traffic on the road due to

teased.

[2.3] A draw that the Government on the March 16, 2011 trial

gives the opening statement that in the case as follows:

47

That the foundation of thought is in the form of the SJSN Act,

as mandated by the Basic Law of 1945. Notably,

is referred to in Article 28H of paragraph (3) which states, "Everyone is entitled to

a social guarantee that allows for the development of itself in one piece as

a dignified human being." And Article 34 of the verse (2) states, "Country

develops a social security system for the whole of the people and empowers

a society that is weak and incapable according to the dignity of humanity."

Further, the social security system set up and guaranteed in the General Declaration

United Nations on Human Rights, declared

on December 10, 1948, also reaffirmed in the Convention ILO

Number 102 Year 1952, which at its core advocated all countries for

provides minimum protection to any workforce.

That the national social security system, is essentially the

Government program which aims to provide certainty over protection and

social welfare for the entire Indonesian people through the system program

The national social security guarantee, expected each resident can meet

the basic needs of living, which at any time may be lost or

belacking, which among others Due to loss of income due to suffering

illness, experiencing severe loss of work relationship, expiration

works or retirement, nor for entering an advanced age or manula.

A variety of programs on bail social in Indonesia, actually has

long existed and has been operational, but those programs are still

partial and scattered that function according to the regulatory foundation and

the purpose of each program is individually, among other Programs

social security for the power private works created under Invite-

Invite Number 3 Year 1992 about the Workforce Social Security System or

Jamsostek, which includes a health maintenance guarantee program, bail

work accident, warranty day old, and guarantee of death for the workforce at

the private sector. The program is also managed centrally to guarantee

portability because participants switch tasks, workplaces, and places

stay. The social security program for civil servants or civil servants is the program

the savings fund and the insurance of a civil servant or often called the Taspen which

was created under Government Regulation No. 26 of 1981 on the Fund

Savings and State Pagawai Insurance, also there is an insurance program

48

health or Askes whose membership trait is mandatory for civil servants

civilian, retired pioneer of independence, veteran member, and para

family members.

This program is also managed centrally to guarantee portability

as participants switch places of duty and place of residence. The same program

also exists in the Indonesian National Army environment, members of the Police

Republic of Indonesia, and the civil servants of the Ministry of Defence or

TNI, Polri, and his family. It was implemented by the Social Insurance program

Armed Forces of the Republic of Indonesia abbreviated as ASABRI which was formed

based on Government Regulation Number 67 of 1991 on Social Insurance

Armed Forces of the Republic of Indonesia. The program is also centrally managed

to guarantee portability as participants move the tasks and places

stay.

The programs above, in fact only include

a small percentage of the public, primarily the participants ' society, and members

their families. Whereas the majority of Indonesian society, it is not yet

gained adequate protection of social security. Then against

execution of existing social security programs, it has not been able to

provide adequate protection and adequate justice.

A relationship with those things above, then the Guarantee System

Social Nationwide as set up in the SJSN Act, it is expected

may synchronized the hosting of various forms of social programs or

forms of social security implemented by some organizers, which

is based on It's also under different laws. Also to

be able to reach the community more broadly, as well as the benefit that

is greater for any of the participants.

Related to the applicant ' s request that

the provisions of Article 17 of the paragraph (1), paragraph (2), and paragraph (3) Act No. 40

In 2004, the National Social Security System is considered to be contradictory

with Article 28D of paragraph (1), Section 28H (2), and paragraph (3), Section 28I (2),

and paragraph (4), and paragraph (5), and Article 34, as well as the Opening of the Act

Basic 1945. The government can provide an explanation as follows.

First. That the Government did not agree with the presumption of the

the applicant who worked as a laborer in private rioters cut to

49

The inclusion in Jamsostek considers aggrieved, because

the levy is extremely incriminating.

According to the provisions of Article 2 of Government Regulation No. 14 Year

1993, It's about the work of the Social Security Program. In

Article 2 of the paragraph (3), " Employers who employ a workforce of 10

(ten) people or more, or pay a minimum wage of Rp1,000.00

(one million rupiah) a month, are required to include its workforce. in the program

social assurance of the workforce. " The workforce social security program as

referred to, consists of;

a. Job Accident Guaraner. Work accidents and work-related illnesses

are the risks faced by the labor force doing the job.

To mitigate the loss of some or all of its earnings that

is caused by death or disabled due to a work accident, both physical

and mentally, then there needs to be a guarantee of a work accident. Given

mental disorders due to a work accident are so relative that it is difficult

set to the degree, then guarantees or santunan are only given

in case of a fixed mental defect that results in power work that

concerned does not work anymore. Regarding the payment of warranty premiums

work accident, in the event of a work accident or a disease due to

work at work, it is fully borne by the businessman;

b. Bail of Death. Labor who died not due to

work accident, will result in a resumption of income, and very

influential on the social life of the economy for the abandoned family.

Therefore, it is necessary. Death guarantees in an attempt to lighten the load

families both in funeral expenses and cash.

Concerning the burden of death premiums of 0.30% of wages

labor a month, borne by businessman;

c. The Old Days. The old day can result in the severing of wages because

is no longer able to work. As a result of the loss, it can be

to create a sense of concern for the workforce and influence the calm of work

while they are still working, especially for those who are earning

low. An old day guarantee provides a certainty of income acceptance that

paid at once and/or periodically at the time of the labor force at the age of

55 years or meet the competition. In payment of premiums

50

an old day warranty program is 5.70% of the month wages borne by

employers, by 3.70%, and the remaining 2% are borne by the workforce;

d. It's a medical guarantee. Health improvement is intended to

increase the productivity of the workforce, so as to carry out the task

as well as it is a health effort in the field of healing or

curative. Because recovery efforts require minimal funds

and incriminating if charged to the individual, it is

as a measure of the ability to countermeasure society's ability through

the power social security program. Work. In addition, employers remain

obligated to hold workforce health maintenance that includes

increased or promotional efforts, prevention or preventative, healing

or curative, and recovery or rehabilitation. In a premium payment

a health care guarantee program of 6% of a month 's wages to

a family of already family, and 3% a month' s wages for the workforce

which is not yet a family, per cent borne by businessman.

Of the above explanation can be concluded, the payment of a guarantee premium

the social according to the Law Number 3 of 1992 on Social Security

Labor, dues of occupation accident, dues of death bail, and iuran

A guarantee of health care maintenance, borne by employers. However, iuran

parental day guarantees are fully covered by employers and labor.

According to Article 9 of the Government Regulation No. 14 of 1993, the magnitude of the iuran

assurance of an old day of 5.7% of the monthly wage, 3.7% is borne by employers and

2% are borne by the workforce, and are provided by employers to the agency

organizers.

Premi is a sum of the money paid to

the handler in return for the risk that it has held. Because of social security

the workforce is social insurance, then in the social security workforce

is known also premiums. In insurance laws, the dues paid by the businessman

are called premiums. Employers who pay the premium are status as

liabilities. The workforce is paid by employers as

responsibilities, status as a third party of interest.

So in the social security of the workforce, there is a liability called

employers, and there are parties to the Three of the interested in the so-called labor force.

51

That the presence of a workforce social guarantee is insurance

is mandatory due to;

a. The expiring workforce social security guarantee is required by law instead of

under the agreement;

b. The host of the workforce social security is the government that

delegated to the State-owned Enterprises of the company, the company of the company

PT. Jamsostek;

c. Jamsostek motifs for community protection that funds raised from

labor society and used for the benefit of the power community

work that is threatened by the danger of work accidents;

d. Funds raised from the labor society but not yet

are used as a work accident fund, utilized for welfare

labor through an investment program.

Based on the above explanation, can It is understood that the premium in

Jamsostek is an image of the entrepreneur's Jamsostek program and

is tuned to the organizer body so that it cannot be considered

incriminating workers. In addition, the Government also does not agree with

the applicant ' s statement stating that the provisions of Article 17 paragraph (4)

and paragraph (5) of the SJSN Act are conditional so that there is no

picture of how the Government is will make its implementation rules.

According to the government, further arrangements in Regulation

The Government shall be made instead to set further provisions of Article

17 verses (4) and paragraph (5) to be more implemented.

Second, the establishment of the current Social Security Organizing Agency

is discussed in the House with the government, which is a step

important to carry out the Law No. 40 Act 2004 order

on the National Social Security System. Expected to be provided

Social Security Organizing Agency, hence the organizer of the Guarantee System

The National Social will be increasingly clear and directable, and can be immediately

being implemented to the community.

In addition to that the government does not agree with the presumption of the

The applicant stating that the provisions are being asked to be tested

it is discriminatory because to measure whether the a quo

is discriminatory or otherwise. has been in line with the Constitution ' s mandate, then as

52

Its repulsion is as determined not in Section 1 of the paragraph (3)

Act No. 39 of 1999 on Human Rights, nor

Article 2 of the paragraph (1) Internation Covenant On Civil And Political Rights.

That is related to the applicant ' s plea to the Court

The Constitution of the Republic of Indonesia makes the ruling of the ruling in which it intends

the temporary termination of the proceedings of the proceedings of the Act on

Organizing Board Social Security, according to the Government, may be

raises an obstacle to the implementation of Law No. 40 of 2004

on the National Social Security System, primarily for body formation

the social guarantee itself is on turn may also invite Invite-

Invite SJSN not Implementations. As it is according to the Government of the application

it is not fundamental and irrelevant, it can even inflict a loss

for the community.

Based on that explanation above the Government pleads to

Your Majesty the Chairman The Assembly of Justice of the Constitutional Court examined,

prosecuting, and severing the application of the No. 40 Year Act

2004 on the National Sosisl Guarantee System against the Basic Law

1945, could provide a ruling as follows,

1. Rejecting the Applicant ' s testing for the whole or

at least stated the request for the applicant to not

be acceptable;

2. Received overall Government information;

3. Stating the provisions of Section 17 of the paragraph (1), paragraph (2), and paragraph (3) Invite-

Invite Number 40 of 2004 on the National Social Security System,

not contrary to the provisions of Article 28D of paragraph (1), Section 28H paragraph (2)

and paragraph (3), Article 28I paragraph (2), paragraph (4), and paragraph (5), Article 34 and

Opening of the Basic Law of the Republic of Indonesia in 1945.

However, if, Your Majesty the Chief Justice of the Constitutional Court of the Constitutional Court

Republic of Indonesia, please suggest that the verdict should be fair.

[2.4] The draw that in the June 13, 2011 trial has been heard

the description of the Related Parties is Public Health Guarantee, PT. Insurance

Health Indonesia (ASKES), PT. Workforce Social Security (JAMSOSTEK),

PT. The Armed Insurance of the Armed Forces of the Republic of Indonesia (ASABRI), the Mayor of Solo,

and the Mayor of Yogyakarta, who in turn refer to it as follows:

53

1. JAMKESMAS

That Jamkesmas participants are set by the Government based on data

BPS, quotas;

That each county gets a quota set by the Agency

Statistical Center;

That is based on quotas That is, then the district/city establishes

by name the person guaranteed in Jamkesmas. So by name, and by

address it is set by bupati/mayor, by decree

bupati/walikota;

That based on the regents/mayor's decision, Related parties

collect The data became a master file national or to be

data on Jamkesmas;

That based on the Jamkesmas's message data,

the national Related Party publishes the card and distributes until

to the Jamkesmas participant who has been set by the regent/mayor

it is;

That almost all medical indicative disease,

comprehensive in Jamkesmas is guaranteed through packages that

is set by the Related Party;

That Jamkesmas through one mechanism insurance (insurance)

in cooperation with 1002 hospitals across Indonesia and 1005

all Indonesia's puskesmas;

That the hospital and the puskesmas are doing the service

health, then paid with a pattern of payment

system/paid with a payment pattern in advance to the hospital;

That almost all government hospitals, including public hospitals

areas, take part in the program, a third of private hospitals that

voluntarily participate in the network of services. health;

That Jamkesmas funding is calculated based on the appropriations budget

which is guaranteed through government social assistance to the poor

and cannot afford which is then this budget allocated by

The Ministry of Health and it became a managed APBN fund source

through Jamkesmas;

54

That the premium, its net depends on the utilisation used each

year based on experience;

That the Associated Party has not been to use based on actuaries

which is perfect, but based on the experience of the Party

Related several years to the rear, the Related Party sets the need

budget per year;

That the Related Parties each year there is an increase budget though

not big ago;

That during this time the execution of Jamkesmas diorganization by Team

Ministry of Health Manager;

That the Ministry of Health forms the Jamkesmas Manager Team at

central level, at the provincial level, and at the county level/kota;

That all levels (center, province, county/city) has a role

masing-masing;

That in terms of payment budgeters, the Related Parties of the center

The Ministry of Health is directly sent to the service provider's account

health;

• That of KPPN Jakarta V, the fund was directly launched to the hospital-

the hospital based on the services provided by the hospital;

That the insurance mechanism is the same with the other insurers

that is with the insurance pattern, meaning it must enlist the rules

in the insurance;

• That the insurance rules are the first, should be members.

Second, there must be a designated dues. The third, the mechanism

the traveler must go through the pattern of claims and so;

That the premiums and the dues for the poor and the child cannot be paid

by the Government;

That the previous Jamkesmas was the program Askeskin, which is managed

directly by PT. Askes;

That the 2008 Askeskin changed to Jamkesmas managed

directly by the Ministry of Health;

That based on it from 2008 to the year

2011, Related Parties have experience of about 5 years, and

based on such experience the Related Party can determine how

55

needs per person, per head, to calculate the budget that would

be given to the hospital party;

That the Jamkesmas budget for 2008 = 4.6 trillion; for 2009 = 4.6

trillion; 2010 = 5.1 trillion to 5.125 trillion; 2011 = 5.1 trillion and

plus budget for warranty of persalinan=1.2 trillion. So total 2011 = 6.3

trillion;

That the budget has not yet-cover of all Indonesia;

That the Jamkesmas budget allocation mechanism is done nationally

due to APBN and applicable portability;

• That the BPS data is set by the rest of the regent, which is 497 bupati

mayor at the time;

That the Jamkesmas participants are national and portability;

That the hosting of the Jamkesmas budget is still being done by

Government;

That which is used by Related Parties to manage the budget-

Such budget is like the government budget;

That the Related Parties do not benefit, and use

budget with government budget-based and

based on government fee standards (standard generic charge);

That for 2010 Jamkesmas participants totaled 76.4 million people, and

a real number of attendees 73 million but for vagrants, beggars,

displaced children, and participants of multiple parlors and so on can't

be identified precisely;

That by name is sure The mayor is 73 million souls

all;

That based on that data, the Related Party-rate averages the fall

gets Rp 5,590, -/orang;

That the money is Rp 5,590,-it is obtained. by Per head every

month.

2. The PT. ASKES

That PT. Askes was a state-owned enterprise built on

in 1968 with Keppres Number 238, which was indeed assigned special.

56

to manage the health maintenance guarantee for civil servants

civilian;

That PT. Askes his duties grew to be a retired recipient,

veterans and pioneers of independence in accordance with Government Regulation

No. 69 of 1991, also to the participants of PT Askes;

That the nature of PT. Askes is social insurance, therefore all

candidates for civil servants, pension recipients, independence pioneers, and

veterans are required to be askes participants;

That great premium PT. The askes are not actuariously calculated,

but specified by Government Regulation of 2% x principal salary

of those participants for one family;

That based on Government Regulation No. 28 In 2003, new

began the government as a co-worker to provide dues in

incrementally the same amount as the same as

collected from each participant's civil servant, the retired recipient, and the other.

and also the pioneer of independence;

That the number of PT participants. Askes up to this time is approximately

16,68,000 lives and guarantees provided in accordance with the regulations

The government is set by the Government i.e. a guarantee that

comprehensive or thorough;

That The amount of premium charged is not calculated in actuarial

with the benefits payable;

That which is intended with comprehensive service is

a thorough service from the promotional efforts, prevention,

then treatment and also rehabilitation with a referral system

starting from the lowest service is in Puskesmas or

family physicians, then in accordance with the level of illness or need

that is medically required by the participants, then sufferers will be referred to

home The hospital, county or province, is up to the "national level". This illustrates an equity program and

also portability could be implemented;

That as a social insurance program, benefit PT. Askes to be obtained

by participants, given by PT. Askes to the participant in

equivalent;

57

That in the insurance program PT ASKES this is set also by

The government that for the treatment of the group I and II participants

originally was in 3rd grade, but with the presence of Jamkesmas, PT. Akes

proposes to be raised in class 2. While for participants

group III and IV are treated in first class. The PT. Askes is also

championed for the IV-C group to be treated in class

VIP, but this is still in the calculation of the PT budget. Askes;

That with the principles of social insurance, PT. Askes must manage

a sufficient limited fund of participants compared to the comprehensive

benefit, which is therefore more important in principle

how to be PT. Askes can keep the continuity of the program

this. So any social insurance program anywhere in the world should not break up.

in the middle of the road, it must be sustainability, the program has to be kept, so

The role of management here is very important to

keeping sustainability rather than the program;

That PT. Askes has tried to propose to the Government through

shareholders that PT ASKES as well as other social insurance friends

others, since the 2007 book year has not been picked up any more, but

The rest of the effort. dRestore to participants through the company

with a variety of programs that are certainly enhanced to participants;

That in providing benefits to participants, PT ASKES works

same as the proprietary health facility government or to all of

Government-owned health facilities and also belong to private ones work

same as PT ASKES. As in Jamkesmas, all hospitals

the government cooperates with ASKES, all Puskesmas is

provider ASKES, and expanded to the Indonesian hospitals and Polri hospitals;

That through MoU with the leadership, Dirkes TNI and Polri, PT. Askes

cooperates and in the field is actionable with the cooperation agreement.

And there are also more than 300 more private hospitals that

deigned to accept working with PT ASKES at the rate

which has been set by the Government through the Minister of Health;

That service used by PT. Askes to provide

services to participants, so that service or facility

is available in all areas of the Republic of Indonesia;

58

That premiums obtained by PT. Askes are obtained from cuts-

the salary cuts received by the civil servant, by retirees, and also from the

independence pioneer;

That the premiums obtained by PT. Askes is based on the salary presentation

the principal, not the nominal basis;

That the royong gotong element is highly visible in PT. Askes. Which

income more pays greater than any civil servant

or a group I or II pension recipient;

That ASKES participants who since participating ASKES do not utilize the facilities

ASKES because it is healthy, The dues they paid were to finance

their ill-suffering colleagues;

That there were more than 7,100 ASKES participants who suffered kidney failure

in total, which every week had to experience as much blood washing as two time

a week, with the average cost per time the blood wash is Rp. 510.000.00

up to Rp. 525.000.00, excluding medications;

That Related Parties reaffirm that PT. Askes meng-cover

all medical expenses the ASKES participants required without seeing

class group;

That in accordance with the regulations, then ASKES participants will not be levied

any charges by the hospital party;

That PT. Askes now co-covers the cover for heart surgery;

That is approximately 70 %-80% of the patients in Heart Hospital

Hope we are patients from Askes participants, whether it's Golkar I and

to Golongan IV, Because I need a heart surgeon,

financed by PT. Askes, there is not even a fee, if the participants

occupy the rights in accordance with the class of treatment, and sometimes there is

that adds up to the fee that the participant is in class;

That is formally, the retirees should be. which already

get retired from Government unter-cover again as attendees

Jamkesmas;

That if viewed from income received by retirees,

retirement recipients may be below rather than the poverty line

that is set, however because it already has a guarantee from Askes,

should no longer be included in Jamkesmas participants, and certainly

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the mayor also does not include as a Jamkesmas participant in

the region-masing;

That there are issues of levies taking place in the upper field

health care for Askes participants;

That with the Government's willingness to not or

return all the remaining proceeds to PT Askes, in a sense to

increase the service program to the participants, then in 2011,

starting from 2009 yesterday PT. Askes has already started to raise

Askes's ability to pay to the hospital with a hope that

peseta no longer levied fees at the hospital;

That in 2011 the Ministry of Health's Decision was already

out and Related parties already have been doing this May 1, 2011, happening

rise again, PT Askes raises again its ability to pay less

more 30 to 40% than before;

That with intent and purpose in order to approach the cost service that

constantly from year to year that is experiencing a rise, PT Askes

must The roaches with the market mechanism, and on the other side of the magnitude

premiums are set by the Government;

That PT. Askes pays for the health care provider,

following the general applicable mechanism;

That which PT Askes attempted to do with one provision in

This 2011 Minister of Health's Decree of the Year of the Year. no more

levied fees from participants;

That there used to be an obligation to pay dividends from the Government;

That in one BUMN provision, it is generally like BUMN-BUMN

another, any remaining effort or profit at the end of the year after being audited

by the auditor independent, then it will be Held General Meeting

Shareholders;

That in the general meeting of the shareholders that applies to

BUMN or any other company, then the shareholders will set

how much the dividend percentage should be disseminate to the country;

That before 2007, PT. Askes still levied a dividend of approximately

10% of the proceeds of the venture produced by PT Askes;

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That of the 2007 book year, PT. Askes did RUPS in 2008,

not at all the dividend. Therefore, it is PT. Askes

proposing to the Government of Askes is social insurance that

funded by the participants, then the participant's money is returned to

increasing the benefit for the participants themselves;

That about the problem investment, since the mid-1980s ASKES according to

with the perinsurance provision, from the rest of the venture also patting

backup;

That the reserve fund is reserved for safeguarding the sustainable

of the PT program. Askes, because at some point in time for example in

one year, PT Askes once spent the funds beyond the premium that

collected, at less Rp104.6 trillion in 2001;

That if there is no backup fund then ASKES already collapse there,

but because there is a buildup of such backup funds, then PT. Askes

can still finance;

That up to the current company reserve funds

by ASKES participants is already approximately Rp 4 trillion more;

That the reserve fund is considered also to be do not until

be an unretracted fund;

That all investment funds there are rules, that is that investment in

easy-drawn form, PT Askes is well aware that every month

PT Askes must pay less more nearly Rp 500 billion to

entire provider;

That the year 2000 to with the present, with the presence of autonomy

the area, then the premiums are collected by PT. Askes from each

district/city, then also spread again in the district/city with

The existing Satker-Satker;

That PT. Askes now has approximately 600 points to

collect premiums, then be tuned through KPPN to the Department

Finance and subsequent PT. Askses received from the Ministry

Finance;

That now reception of premiums is somewhat fluent, thus, PT.

Askes must carry out such investments in portfolio form that

fix income more in the form of deposits and bonds;

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That deposits and direct investment for the shares are only 20%;

That is approximately 14% to 20% specified by the provisions, PT. Askes

may execute that and the rest is in the form of deposits and

bonds.

3. The PT. JAMSOSTEK

That JAMSOSTEK was established on December 5, 1977, operating

under Act No. 3 of 1992 on Social Security

Workforce;

That JAMSOSTEK uses an insurance mechanism social with a-

trait:

1. Gives benefit base.

2. Mandatory service is mandatory, which is mandatory for eligible.

3. Hosted by the State-owned Enterprises Agency;

That the social insurance mechanism is existing, there are participants, then

there is a bear;

That which bears it is JAMSOSTEK and there is polis, but

form The policy is the Government Regulation;

That under Government Regulation No. 14 of 1993,

is explained regarding the participation, dues, assurances, and so on;

That up to this time JAMSOSTEK organizes four

program, i.e.:

1. Warranty of job accident.

2. Guarantee of death.

3. Health care guarantee, and

4. Old day assurance;

That the Iuran for each of the JAMSOSTEK work programs

is all set under Government Regulation, which is Regulation

Government Number 14 Year 1943;

That for assurances work accident depends on the type of work;

That staff employees in the office who do not often exit the bail office

Working accidents are taken by 0.24% of wages, equal to ASKES,

essentially is wages. Only wages here are the ones reported by

the participant company to JAMSOSTEK. The highest risk.

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for example is in the mining sector or oil and gas, the magnitude

is 1.72% of the wages of each month;

That for the guarantee of death, the size of the dues is equal, 0.3% of wages.

without looking at the position and salary;

That for the guarantee of health care is 3%;

That big iuran is levied up 3% of the wages, for the single

6% of the wages, for the family with record maximum number

three persons;

That the iuran is all paid by the giver work or

employers. None of the dues paid from

participants or labor;

That for an old day warranty program comes from the workforce that is 2%

of wages, paid monthly through the company;

That which derived from employers or companies is as large as

3.7%;

That for each program there is a provision regarding the amount

santunan or in insurance terms is the liability money;

That special for Job accident guarantee, liability money or

number of santunan specified also through rules government;

That for guarantee of death and guarantee of health care, money

liability or number of santunan is set also through the regulations

government;

That specifically for assurances of the prosecutor, health maintenance,

The uptake is Rp.1,000.000.00 one month;

That in practice, for those who have wages for example

Rp. 2.000.000.00 one month, the company will pay for the

Jamsostek for the single one as much as 3% from Rp. 1,000.000.00, not 3%

from Rp. 2.000.000.00. And so for the family is from

. 1.000.000.00;

That this plaphone causes a ratio claim in insurance terms,

that is a comparison between the amount of dues received by the amount

the santunan paid by Jamsostek;

That the mechanism is the same with health insurance or PT Askes,

that is using a health maintenance guarantee mechanism

63

the public, where the dues were paid to Jamsostek by

respective employers companies, then Jamsostek worked

equal to the health care provider starting from the clinics, optics, pharmacies,

up to the hospital using a capitation mechanism;

That with these plaphones causing a Jamsostek ratio claim

that the Jamsostek has a proposal to raise

plaphone, but until now it has not been granted;

That Jamsostek has restriction, so in this case there are co-

sharing, excluded for diseases such as blood washing,

cancer disease, and heart disease, based on government regulations

applicable;

• That special for the guarantee of the old days of funds constitutes an accumulation of funds

from the participants ' property and is a participant's fund of truss. Example of the year

2010, for example Jamsostek's wealth for example 100, then 97%

is the duty of the participant, i.e. in the form of a guarantee of the day

old, and the assurance of this old day invested by Jamsostek;

That most is an investment portfolio, where the investment is

all governed by Government Regulation No. 22 of 2004, and

there are its supervising, for example, Jamsostek

are prohibited from investing in foreign and prohibited investments in

form of derivative or derivative investments;

That in fact realized up to 2010 of the amount

100%, total Jamsostek investments by 45% in bonds and

most of it in Government bonds form, 20% in form

shares, 30% in the form of deposits, 4 to 5% in the form

recsadana, but the realization of the property is only 0.5%, so did

direct inclusion.

That there is only one investment in the company, that is at Syariah Bank

Bukopin, and the number is only around Rp 36 billion. This is a total of

Jamsostek's investment portfolio of 0.03% alone;

That PT. Jamsostek does not as a commercial insurance company because

Jamsostek uses a social insurance mechanism;

64

That commercial insurance uses the term "no premium, no claim",

that is not paying dues, no claim. As for PT. Jamsostek

there is a deadline for about six months;

That is special for old day guarantees, if the worker does not pay

iuran for example due to layoffs and so on, then the funds remain

stored in PT. Jamsostek, and under applicable terms,

workers can diluct the funds if it reaches the age of 55

years, and if the worker is already following a five-year anniversary with

wait a month and they are in the condition of layoffs or not

work again. So there are still deadlines to pay the claim

this, so PT. Jamsostek is not rigid at all;

That any company that has a minimum employee of 10 people

with a total pay roll or a wage they pay Rp. 1,000.000.00

one month, it is mandatory to register the employee. to PT Jamsostek;

That employee number or number of Jamsostek participants from a number

that the company is a formal sector;

That the employment conditions of the Jamsostek infromal sector could potentially be two

times that greater compared to the formal sector;

That the formal sector number outside of PNS, i.e. ABRI there are around 30,000,000

people;

That Jamsostek has so far also penetrated or protected

the powers that are working in informal sectors such as labor,

fishermen, angkot drivers, ojek, and others;

That the amount of power working in the informal sector is limited

that is 600,000 workers;

That informal sector workers are included in the four

Jamsostek programs already delivered. previous;

That expected workers had an awareness to register

yourself to be a Jamsostek participant without the giver of the giver

work;

That Jamsostek allows workers to be able to register themselves to

Jamsostek participants without the working element;

That it is already There are no other members of this community who are not able to access your data.

65

That workers who are self employe people, that are those who work alone and have no employer could be the participants

of Jamsostek;

That same with ASKES, since the 2007 book year, the Government is no longer

picking up its dividend. The last dividend was levied for the 2006 book year = 25%

of net profit.

4. PT. ASABRI

That Asabri was a State-Owled Business Agency was established based on

Government Regulation No. 44 of 1971 on Social Insurance ABRI

and PP Number 45 Year 1971 about the Establishment of the General Company

ABRI Social Insurance. Then in 1991 a law-shaped

based on PP Number 68 was changed from Perum to Persero;

That the Asabri participants were the TNI soldiers and the Polri members and

civil servants in the Ministry environment Defense, TNI, and Polri;

That the overall number at this time is, the active participant is around

800,000 people; while the retired is about 300,000; so

the total number of current Asabri participants is around 1,150,000 participants;

That Asabri funds source was obtained from the salary cuts of each employee

country, TNI soldiers, and Polri members, at 10% each month

overall, from the principal salary plus wife benefits and child support;

That the share of the management of the pay cut is 3.25%

managed by PT Asabri. 4.75% is a pension fund, and

at 2% is cut for health insurance;

That special for the health guarantee is not managed by PT. Asabri

due to the cuts to the health it directly to the Puskes-Puss of the force

and the hospital of the force;

That PT Asabri also did not manage the pension funds rate of 4.75%

but was only authorized to manage the funds only, whereas

use fully becomes the authority of the Ministry

Defense;

That Asabri is only a pension payment organizer and

manages a 3.25% iuran piece;

66

That of the 3.25% cut, initially PT Asabri gave 4 types

benefits, i.e. the insurance santunan intended for participants who

stopped at the time of retirement or with the right retirement, cash rate

insurance for participants who stopped without retirement rights, risk santunan

deaths reserved for participants who died at the time of service

active, and santunan funeral expenses for which they were intended. for participants

who died after retirement;

That the number of benefits at the moment has been developing from 4 benefits, then

based on the company ' s financial capabilities have developed and

now totals to 9 benefits;

That the benefit is a special death risk squeue that

is reserved for For the soldiers and members of the deceased Polri who died

in the task of operations declared dead or killed based on

the decision of the Commander of the Indonesian Armed Forces or the Chief of the Indonesian National Police,

santunan defect due to the service of which for participants who

experience defects when performing an operating task that could

be caused by direct action against or not the result

direct action against, santunan defect not due to the service

is reserved for participants in an accident in duty

everyday, The funeral fee for the participant's wife or husband and

santition of funeral expenses for the child of the participant;

That the risk of death was issued due to consideration

characteristic of the inclusion of Asabri, the participants of Asabri, Member Polri, or

the TNI at a very high risk. Thus to give

an appreciation for them and to provide cover in terms of happening

anything to the concerned, so that his heir could

get enough funding to connect life, listen

santunan risk of special death;

That santunan defect due to service is also issued due to

very high risk considerations on the battlefield or at

in the operation tasks;

That for now, the magnitude of parental day guarantees or insurance santunan, it

ranges between Rp 18.000.00 to about Rp 42.000.000.00

depending on the class of the rank of the rank;

67

That for participants who die in active service also get

santunan death risk coupled with santunan of insurance cash value.

So that the participant gets twice santunan and number

are almost close to the value of the special death risk santunan;

That for santunan defects due to service, in 2000 until

with this 2011 for defects with group C = Rp 25.000.00,

group B=Rp17,500.000.00. For defects in group C = Rp

30.000.000.00, and group B = Rp 20,000.000.00. Group C weight

= Rp 35.000.000.00, and group B = Rp 20.500.000.00;

That for santunan defect not due to service, lightweight defect

Rp 15,000.00, for a disability is Rp 17,500.000.00, and severe disability

Rp 15.000.00 20.000.000.00;

That for santunan of special death risk for all kepforces

at this time given by Rp 70.000.00;

That in the context of Act No. 40 of 2004, then

ASABRI only provide an old day guarantee, a job accident guarantee,

and a guarantee of death;

That for reassurance health, ASABRI does not manage guarantees

health. And about the lines, all is the dues of the workers who

are concerned;

That who has access to the hospital is

workers are still active;

That for the retired workers, in-cover by ASKES;

That Asabri is also an investment, so the investment of ASABRI is based on

Government Regulation No. 424 which is then updated with

Financial Minister Regulation Number 135;

That investment existing ASABRI is restricted, i.e. in the form of deposits

futures, certificate of deposits, nature of form bonds, in particular the bonds

government; fund recsa, stock, and direct realignment; there is also in

the form of a policy loan;

That which is currently exercised by PT ASABRI, especially is in

the bond form, in particular in government bonds which are currently around

70% of the portfolio of PT ASABRI Persero. As for deposits, at present

only about 10% and shares are less than 2%;

68

That was before the 2002 PT. Asabri is charged with a dividend, but since

in 2002, it has not been imposed on a dividend anymore.

5. MAYOR SOLO

That Solo city has been three years to have a program named

PKMS (Public Health Maintenance Surakarta) already started

since 2008;

That PKMS participants or Health Maintenance People of Surakarta

this is all non-entry communities in the program

Jamkesmas, ASKES PNS, and ASKES Private, then take place

stay and be domiciled in the Solo City at least three years;

That the population In Solo City is 522,000, ASKES participants =

75,000, Jamkesmas participants were 100,019 souls, and ASKES participants

the other social ones are 11,800;

That currently the PKMS participants are already 213,000 people;

That each participant gets a card like a credit card. There is a Goldcard,

for the poor, Silver card for the gray, between poor and not

poor;

That on the card is complete, there is by name, by address, for

make it easier management controlling on the field;

That behind the card is shown what type of service is served

and which is not served;

That the service is free at the heirloom and at 12 homes

the pain that is in Solo City;

That the blood washing service and also chemo for cancer is served by

This card;

That in one year, spent a budget of less than Rp 19

billion tocover of the City public health services program

Surakarta;

69

That three years ago Solo City wanted PKMS to be managed by the agency

insurance, but it turned out that it was very expensive, roughly 53

billion;

That PKMS was managed Alone by Solo City Health Service;

That Pemda Solo only prepares Rp 19 billion;

That if the budget of Rp 19 billion is prepared by

the APBD is unused entirely due to the current budget of Rp 19 billion.

not many citizens

the sick Solo city then the budget can enter back to cash

the area;

That PKMS registration procedure is very easy, that is coming to UPT at

town hall by carrying a family card, carrying a KTP photocopy,

carrying a photo of 2x3 two sheets, if it was already a second one carrying

photocopier card existing and UPT card printing;

That registration is done after everything is listed in SK

The Mayor published by the City of Solo Pemda;

That the rest of the budget prepared for PKMS is entered into silfa

(Left More Budget);

That previously must be approved included as a component in

APBD;

That the rest of the budget for PKMS is not remanaged;

That the payment way is with the hospital claim, then it goes into the Solo City Health Service, and then verified, from

service health admission to the financial service to create the SPM,

then published by SP2D, then transferred to the hospital,

meaning if the money is unused then the money remains

is in the area treasury, then later counted as silfa at the budget

next.

That front line is Puskesmas and the hospital;

That there are 17 puskesmas, which are nine already ISO, and also work

equal to 12 hospitals that exist in Solo City;

70

That for the determination of gold or silver does a visitor

the PKMS participant home, there is a direct check on the field;

That type of service is obtained vary according to the type

card;

That many are also people who are actually able but ask

given the type card silver;

That the type of service acquired is shown on the back of the card

6. MAYOR OF YOGYAKARTA

That in 2006 the City of Yogyakarta thought the BPS data was critical

equally across Indonesia, when poverty was something that

comparable means people feel poor in Jogja yet certainly feel

poor in a different area due to the level of the facility and

so forth. Perhaps the Yogja people are not poor, but in Jakarta it could be

poor.

That the Mayor of Yogyakarta decided the BPS variable should be revised, and

must have its own variable, according to the poverty-level creteria

social in Yogyakarta.

That poverty was a social comparison, if all so poor

might feel so not everything is poor.

That Yogyakarta has its own criteria in determining the level

is chemically its society.

That Yogyakarta has its own program in

The health of the public is called KMS (Cards Towards Prosperous).

That the cards are printed by name, and by address which have

two interests, one for health interests and one for

education interests.

That education for the poor, up to high school or high school, specifically

for which they have KMS guaranteed by the Yogyakarta Pemda, whether

schools in public and private schools, nor the schools around

The Yogyakrta City.

71

That people in back up by Jamkesmas are divided into three

groups based on the level of the poverty aspect are poor at once,

poor, and almost poor.

• That there is also a society that turns out to be at a healthy time not

poor, but so sick to be poor, so there is another addition that

called the SKTM recommendation letter.

That provided another fund outside of KMS, as it turns out to be pretty much

a healthy case does not enter the poor criteria, but so sick it turns out

a lot of the cost is not up to it. This suggests because

sometimes the pain is no limit. Sometimes it is expensive to be expensive

once due to the pain, it is also borne, but the model

is a non-capable letter proposal and so on.

That the City of Yogya also guarantees the administrator of RT, RW, LPMK, Kader-Kader

PKK, and so on, it is an award to

those who move in on the social field;

That cyclists in Yogja if the accident is also guaranteed by

Mayor Yogya;

• That there is a "Yes 118" program, which is anyone who has an accident at Yogja,

for example, there was an accident. traffic or something else, at-cover full 1x24

hours by Mayor Yogya.

That City of Yogya expectations, if the hospital party receives the victim

traffic accident, do not need to be asked first, his house where, have

money or not, after which is newly handled or not.

That a minimum of 1x24 hours of any handling handled by the house

the pain will be borne by the Local Government. It was to accelerate

the hospital in terms of handling emergency conditions.

That basically PKMS and KMS are almost the same.

That the 2010 program was expanded by making the Guarantee Perda

Health.

That the City of Yogya began to think of ways tocover society

that was not poor and so forth, which would begin to be developed at

in 2012, and that at this time the mechanism was being drafted.

That the poor society and if the sick so poor can already be at-

cover by the Mayor of Yogyakarta;

72

That KMS applies also to two things, health and education.

That Jamkesda is borne out by the BPD, and is handled directly by the UPT Health Service.

That for the year 2011 Mayor of Yogyakarta is budgeting around

Rp 14 billion and the fund as part of APBD.

That if there is a remainder of thebudget, then is rebutted again,

the amount corresponds to the probality of the possibilities that

cannot recover by Jamkesmas or Jamkesos;

That The total number of cardholders 68,900 of the total population of Yogyakarta is approximately 400,000.

[2.5] weighed that against the applicant, the Council

The People's Representative gave the written caption August 4, 2011, which

describes as follows:

A. The provisions of Act No. 40 of 2004 on the National Social Security System (later referred to as the SJSN Act), which were designated as Testing on the Basic Law of the Republic of Indonesia in 1945.

The applicant in his application submits testing of Section 17

paragraph (1), paragraph (2), and paragraph (3) Act SJSN contrary to Article 28D of paragraph (1), Section 28H paragraph (2) and paragraph (3), Section 28I paragraph (2), paragraph (4), paragraph (2), paragraph (2), paragraph (2), paragraph (2), paragraph (2), paragraph (2), paragraph (2), paragraph (2), (5) as well as

Article 34 of the Constitution of 1945.

- Article 17 of the paragraph (1), paragraph (2), and paragraph (3) of the SJSN Act reads: (1) "Each participant is required to pay its large sum set

based on the percentage of wages or a nominal amount

specified".

(2) " Any employers are required to collect their workers ' darts dues,

adds the dues that are its duty and pay

The dues to the Social Security organizer body

periodically ".

(3) " Besamya iuran as referred to in paragraph (1) and paragraph (2)

specified for any program type periodically in accordance with

social development, economic and basic needs of life