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Old Age Guarantee Rules (JHT) Revised Soon, Is It Efficient?

Avriana Septian

Minister of Manpower (Menaker) Ida Fauziyah will immediately revise the Regulation of the Minister of Manpower (Permenaker) Number 2 of 2022 concerning Procedures and Payment Requirements for Old Age Guarantee Benefits. Old Age Guarantee (JHT) is a long-term program provided by the government periodically once before the workers enter the assessment period, which can be accepted by widows/widowers, children, or other heirs if the worker has died. The plan, and the latest rules regarding JHT are targeted to be completed before May. However, what happened before the Minister of Manpower finally decided to revise this rule?

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Previously,  this polemic occurred when the  Minister of Manpower changed the rules regarding JHT which could only be given at the age of 56 years. When viewed from Law No. 40/2004 on the National  Social Security System (SJSN),  there are actually no specific rules regarding the timing of the JHT grant. SJSN only contains rules regarding three conditions for granting JHT such as workers who have entered retirement, have a total life defect, and died.  Regulations on the provision of JHT after reaching 56 new years are regulated in PP No. 46/2015, including for workers who are affected by termination of employment (LAYOFF) or who stop working before entering retirement.  But in the end,  this regulation was revised again because it was opposed by many parties.

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Many assume that this regulation does not provide a safety net for workers who are affected by layoffs or who stop working before entering retirement.  Through 105,000 people who signed an online petition on this subject, the government finally decided to revise the regulation and change to workers not having to wait for age. 56 years to get JHT. The revision of this regulation is stated in PP No. 60/2015 and confirmed by the issuance of Permenaker No. 19/2015.

 

However,  this again became a conversation when the government suddenly issued Permenaker No. 2/2022 on the rules of workers who can only get JHT when they are 56 years old.  Of course, this regulation is contrary to  PP No.  60/2015. Of course, this regulation is opposed by various parties because it is considered to deviate from existing substances.  If we look at the purpose of the last JHT   regulation is so that workers who are affected by layoffs or who withdraw from their jobs can be treated the same as workers who enter. retirement. After going through several considerations, the Minister of Manpower finally canceled the revision of the JHT which was only acceptable when he was 56 years old, and returned as the previous regulation but with some updates.

 

Ida guarantees that the latest revisions to the JHT granting rules have absorbed the aspirations of workers. Reporting from detik.com, Ida said, "The point is that this regulation perfects for workers' friends/workers in making claims for the  Old Age Guarantee program". Ida targets that the revision of this regulation will be completed no later than   May. As long as  it is still in the process of revision, he said that before the issuance of the latest Permenaker,  the old regulation, Permenaker  No. 19/2015, was still valid for a while.

 

For the regulations regarding the provision of the latest JHT, there are several things and requirements that need to be considered. JHT dapan is taken care of online and offline at BPJS. As for the requirements, Ida said there are only two documents that must be fulfilled, namely the ID card and the Employment PBJS Card. In addition, there are some conditions that are also facilitated. For layoffs that are not disputed, it is enough to attach a receipt of the layoff report from the Manpower Office (Disnaker).  However, if there is a dispute, the existing Joint Agreement (PB)  does not need to be registered with the Industrial Relations Court. After that, if the decision of the Industrial  Relations  Court cannot be fulfilled, the court's decision can be replaced with a citation of the Industrial Relations Court's decision. But keep in mind that this JHT can only be accepted one month later because it still has to go through the verification process first.

 

Of course, this regulation is supported by many parties because it is considered quite effective and accommodates the aspirations of workers. KSPSI President, Andi Gani Nena Wea, and KSPI President, Said Iqbal, responded positively to the renewal of this rule. His party will also immediately socialize the revision of this JHT  rule to workers.

Reference

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https://finance.detik.com/moneter/d-5986380/3-fakta-aturan-baru-jht-rampung-sebelum-mei?_ga=2.205258064.1575644453.1647691759-1936678905.1647691757

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https://finance.detik.com/moneter/d-5978587/aturan-pencairan-jht-masih-direvisi-syarat-56-tahun-bakal-dihapus?_ga=2.204536144.1575644453.1647691759-1936678905.1647691757

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https://news.detik.com/kolom/d-5981406/sengkarut-regulasi-jht-dan-peran-negara?_ga=2.235606721.1575644453.1647691759-1936678905.1647691757

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https://finance.detik.com/moneter/d-5986334/menaker-jamin-revisi-aturan-jht-serap-permintaan-buruh?_ga=2.37361248.1575644453.1647691759-1936678905.1647691757

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https://finance.detik.com/moneter/d-5986122/resign-sebelum-56-tahun-ini-syarat-cairkan-jht-di-aturan-baru?_ga=2.239661763.1575644453.1647691759-1936678905.1647691757

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https://www.cnnindonesia.com/ekonomi/20220316181854-92-772234/syarat-pencairan-jht-terbaru

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https://www.cnnindonesia.com/ekonomi/20220316130754-92-772006/buruh-boleh-cairkan-jht-1-bulan-setelah-di-phk-atau-resign

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https://www.cnnindonesia.com/ekonomi/20220302120852-78-765842/menaker-batalkan-aturan-jht-hanya-boleh-cair-usia-56-tahun

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https://nasional.kompas.com/read/2022/02/14/14314681/apa-itu-jaminan-hari-tua-dan-bedanya-dengan-dana-pensiun?page=all#:~:text=%22Jaminan%20hari%20tua%20diselenggarakan%20dengan,Ayat%20(2)%20UU%20SJSN.&text=Disebutkan%20pula%20dalam%20UU%20bahwa,peserta%20yang%20telah%20membayar%20iuran.

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https://www.jamsosindonesia.com/program/view/jaminan-hari-tua_24

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