Implementation of the Return to Work Program as a Guarantee for Protection of Workers' Rights at PT. SPINDO Surabaya

Authors

  • Himawan Estu Bagijo Master of Laws, postgraduate at Wisnuwardhana University, Malang East Java, Indonesia
  • Wahyu Hindiawati Legal Studies Program, Faculty of Law, Wisnuwardhana University Malang, East Java, Indonesia.

DOI:

https://doi.org/10.61942/jhk.v1i3.165

Keywords:

Program Return To Work, Protection of Workers' Rights, PT. SPINDO.

Abstract

Social security in Indonesia is contained in the constitution. The content of this social security is regulated in article 28 H paragraph (3) of the 1945 Constitution of the Republic of Indonesia which states "that every person has the right to social security which enables his/her full development as a dignified human being". The Social Security Administering Body or often abbreviated as BPJS plays a very important role in carrying out its duties. One of them is providing social security and improving the welfare of all Indonesian workers in accordance with the Vision and Mission of BPJS Employment. Return to work is one of the new programs from BPJS Employment. The legal basis underlying the Return to work program includes: Government Regulation Number 44 of 2015 concerning the Implementation of Work Accident and Death Insurance Programs, Minister of Manpower Regulation No. 10 of 2016 concerning Procedures for Providing Return to Work Programs as well as Promotional Activities and Preventive Activities for Work Accidents and Work-related Diseases. The aim of this research is to determine the implementation of Return to Work at PT. Steel Pipel Industry of Indonesia (SPINDO) and to determine the inhibiting and supporting factors for the Return to Work program at PT. SPINDO. This research uses empirical legal research methods. Meanwhile, the results of the research show that: 1) PT. SPINDO has implemented the Return to Work Program ; 2) factors inhibiting the return to work program at PT. SPINDO almost doesn't exist. Meanwhile, the supporting factors for this return to work program include: first , socialization has been carried out by BPJS Ketenagakerjaan Karimunjawa to PT. SPINDO. Second , the facilities are adequate at PT. SPINDO is able to support the implementation of the return to work program .

References

Book

Sutopo HB, Qualitative Research Methodology , Surakarta, 2006.

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Ahmad Rosidi, et al, Methods in Normative and Sociological Legal Research (Field Research), Journal of Law and Government , Vol. 2, no. 1, February 2024, Pg, 46-58.

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Internet

East Java Province Communication and Information Service, Throughout 2021-2023, the Work Accident Rate in East Java Decreases, https://kominfo.jatimprov.go.id/berita/sepanjang-2021-2023-angka-kecelakaan-kerja-di-jatim-menurun, Accessed March 13 2024 at 10.00 WIB.

News Writter, East Java BPJS Employment Implements 'Return to Work' https://surabaya.bisnis.com/read/20170202/531/762636/bpjs-ketenagakerjaan-jatim-tercepat-return-to-work , Accessed on March 13 2024 at 10.00 WIB.

SPINDO PT STEEL PIPE INDUSTRY OF INDONESIA tbk, Brief History , https://www.spindo.com/profile . Accessed March 13 2024 at 10.00 WIB.

Interview

Ahmad Taufiq, Interview with Return to Work Participants, May 2023.

Legal Documents

The 1945 Constitution of the Republic of Indonesia.

Government Regulation Number 44 of 2015 concerning the Implementation of Work Accident and Death Insurance Programs.

Minister of Manpower Regulation No. 10 of 2016 concerning Procedures for Providing Return to Work Programs as well as Promotional Activities and Preventive Activities for Work Accidents and Work-related Diseases.

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Published

2024-04-27

How to Cite

Bagijo, H. E., & Hindiawati , W. (2024). Implementation of the Return to Work Program as a Guarantee for Protection of Workers’ Rights at PT. SPINDO Surabaya. JHK : Jurnal Hukum Dan Keadilan, 1(3), 55–60. https://doi.org/10.61942/jhk.v1i3.165

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