Implementation of Legal Efforts Consumer Protection and Dispute Settlement of Social – Health Insurance Participants for Indonesian Migrant Workers

Muhammad Gaidy Wiratama, Bambang Sugeng Ariadi Subagyono, Mochamad Kevin Romadhona

Research output: Contribution to journalArticlepeer-review

1 Citation (Scopus)

Abstract

Introduction: In order to create social security and welfare for Indonesian migrant workers (PMI) both in Indonesia and abroad, the government held a national insurance program called BPJS. As consumers, these migrant workers are entitled to proper advocacy, protection, and efforts to resolve consumer protection disputes. Methods: This research used legal research by reviewing the applicable laws and regulations applied to a particular legal problem. The approach used was a conceptual approach and a legal approach, namely by reviewing Law no. 8 of 1999 concerning consumer protection and laws related to BPJS Employment. Results: : The forms of legal protection from BPJS include work accident insurance, death insurance, and old age insurance. Settlement of consumer disputes can be conducted in two ways, namely through the courts or voluntarily by the disputing parties (outside the court), namely through the institution in charge of resolving disputes, namely the Consumer Dispute Settlement Agency (BPSK) and outside BPSK in a peaceful manner. BPJS Employment still did not fully protect PMI and left related issues regarding BPJS Employment for PMI. Legal efforts of Indonesian migrant workers abroad have several options to solve the settlement by the court or outside the court. In addition, the Regulation of the Minister of Manpower Number 7 of 2017 concerning the Social Security Program for Indonesian Workers does not explain how to resolve it in the event of a dispute or dispute. Conclusions: BPJS Employment has not fully protected PMI and is still leaving issues related to BPJS Employment for PMI. But Indonesia's governance has prevented regulation No. 59 years 2021 about the implementation of Indonesian migrant workers.

Original languageEnglish
Pages (from-to)9-17
Number of pages9
JournalMalaysian Journal of Medicine and Health Sciences
Volume19
Publication statusPublished - Feb 2023

Keywords

  • Consumer Protection
  • Disputes Resolution
  • Good Health
  • Indonesia Migrant Worker
  • Social Security Insurance
  • Well Being

Fingerprint

Dive into the research topics of 'Implementation of Legal Efforts Consumer Protection and Dispute Settlement of Social – Health Insurance Participants for Indonesian Migrant Workers'. Together they form a unique fingerprint.

Cite this