TEMPO.CO, Jakarta - There seems to be something wrong with the policy making process in this country. This was apparent when President Joko Widodo asked Manpower Minister Hanif Dhakiri and Managing Director of Manpower Social Security (BPJSK) Elvyn Masassya to revise sections of Government Regulation No. 46/2015 on the Pension Scheme (JHT), even though it was only signed by the president on June 30.
This revision follows protests and demonstrations by workers that started when they learned of the regulation's contents. Their demands then formed the substance of the president's direction to make revisions.
One aspect of this government policy that provoked a strong reaction was an extension of the minimum time before people can withdraw pension funds to 10 years. The previous period was five years, with a waiting period of one month. This is the problem. Workers demanded the right to withdraw funds a month after leaving their jobs.
Another point of contention is the amount of funds that can be withdrawn 10 years after enrollment. Under the new rules, this is only 10 percent of the JHT balance. Another option is for participants to withdraw a 30 percent deposit for housing assistance. This regulation is like a chain limiting the freedom of workers to exercise their rights over the money they have earned through their own efforts.
This is not the first time the president has changed a regulation or decision he has made. There was controversy when President Regulation No. 39/2015 on Car Purchase Down Payments for Senior Ministry/Institution/Commission Officials, was issued. After widespread protests and controversy, the president withdrew the regulation. There are other problematic regulations, such as Presidential Decision No. 190/2014 on the Division of Responsibilities and Functions of the Working Cabinet, which was withdrawn with the issuance of a regulation for each ministry.
All this gives the impression that presidential regulations are drawn up in a hasty fashion, and is a reflection of poor coordination between institutions, agencies and expert staff involved in the area that is to be regulated by a presidential decision. As a result, draft regulations are incomplete when they reach the president's desk, and problems arise.
These amendments show that the government is trying to respond to the people's aspirations, but that it is reactive, not thinking far into the future. Whether it is admitted or not, the government has failed to interpret these pressures as a reminder that thus far the nation has not provided social security for its people, as mandated by Article 34 paragraph (2) of the Constitution, which states that the nation is obliged to develop a social security system for all citizens of Indonesia. But the nation has never implemented the concept of welfare in a social security system in line with the Constitution and the Pancasila state philosophy.
Article 37 of the National Social Security System Law states that pension funds can only be withdrawn after a participant reaches the retirement age of 56, dies, becomes paralyzed or leaves Indonesia permanently. But we need to remember that this article, and Governmental Regulation No. 46/2015 on Pensions, which is being revised, must abide by the provisions of a higher law, namely the Constitution.
For too long, this nation has not implemented Article 34 of the Constitution. Paragraph 2 of this article clearly orders the state to develop a social security system and to empower the less fortunate members of society. Every law, including presidential regulations, should bear this in mind, rather than making more problems for people. (*)
