DEVELOPMENT OF SOCIAL SECURITY SYSTEM THROUGHOUT NATIONS

By: Ahmad Nabriz 09/281803/HK/18043

Fakir miskin dan anak terlantar dipelihara oleh Negara. (The poors and orphans will be taken care by the State)1 Article 34 (1) of The 1945 Constitution of The Republic of Indonesia. Such a decorous concept that in a very ideal perspective- is one of the best way to ensure the prosperity even to the lowest social level such as the poor and orphans to be treated equally. Our founding fathers tried to create the same perspective by putting this concept directly in our constitution as a mandate for every government official in Indonesia to protect them. Seeing the order of our legal hierarchy, the constitution is a fundamental basis for every derivative regulation in Indonesia. By underlining this issue, the writer would like to emphasize that this noble concept binds Indonesian government legally. Breaching this idea, or neglecting it would be a serious violation on Indonesian Constitution. It might be a very disputed issue to be raised, because in so many ways our government could establish a thousands excuses just to explain that financially and structurally, Indonesian Government still could not afford said protection as mandated by Indonesian Constitution.

Indonesian Constitution, The 1945 Constitution of The Republic of Indonesia, Article 34 (1)
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If this concept is viewed from international perspective, the framework within the Article 23 of the Universal Declaration on Human Rights, Convention No. 102 on Social Security of the International Labor Organization and other international instruments, the social security scheme refers to an insurance system for human beings without any discrimination in all situations of their lives, aimed at protecting the members of society against any contingencies during their life time (health, housing, retirement, maternity, employment injuries, validity, family, charges, unemployment, vocational training, recreation and death.2 In this particular writings, writer would like to draw public attention to a fact that Indonesia can be prepared in both ways, financially and structurally, to provide equal protection to all citizen without discrimination that can be found in so many aspects of life. Social security can be the best answer to accommodate our needs in having official protections towards our daily life, especially in terms of financial support and transfer of risk that will be transferred to our government, especially for developing countries. Emphasize shall be added that the roe of social security concept and policies in developing countries shall be extended not only to that of a safety-net, but more to the prevention scheme against deprivation and the promotion of better chances of individual development.3 Indeed, many scholars have the same idea on how hard the introduction of social security programme in developing countries is, seeing that capital and insurance markets are typically underdeveloped, budget restrictions are high and developing Chee Seng, Soh, Social Security: Concept and Reality with Refference to Malaysia, http://www.mohr.gov.my/pdf/sohchee.pdf 3 S., Guhan, Social Security Options for Developing Countries, International Labor Review, 133 (1): 35-54, p. 4
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countries are usually characterized by traditional labor structures and large levels of poverty, which would require social programme to achieve a magnitude that few governments in developing countries are able or willing to implement it.4 If I may add it, the main stream of cash flow that is controlled by some big players behind the scene and high corruption rate block the preparation of social security system, structurally and financially. However, it is not impossible. The implementation of social security system in a state could strengthen the sustainability of the states economic growth and of course will also be beneficial for the citizens throughout nations. If the government sees this disputed issue from a very positive side, it can be a win-win solution not only to avoid a serious violation on states constitution, but also to strengthen the level of capital sustainability of the state. Before we discuss further on how beneficial the social security system really is, it would be an excellent idea to take some lessons from other states history on social security system. Talking about well-developed bureaucracy, Europe will always be the best reference according to the writers personal point of view. The social security system or known as systems of socio-economic security were introduced in Europe in the late 19th century. Chancellor von Bismarck introduced the first modern social insurance programme in Germany in 1880 and quickly spread throughout European territory. 5 The basic idea itself arouse from a willingness to improve the well-being of the poor, reduce inequality within the society and conciliate different social demands. This Justino, Patricia, Social Security in Developing Countries: Myth or Necessity? Evidence from India, Prus Working Paper No. 20, Brighton: Poverty Research Unit at Sussex, September 2003, p. 3 5 Ibid, p. 5
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concept was slowly introduced after the Second World War where the catastrophic devastations were occurred and destroy the social order during that period. In the development, United Kingdom adopted this concept and Sir William Beveridge was the first researcher that presented a report known as The Beveridge Report to the Parliament by Command of His Majesty in November 1942. In his report at that time, he concluded several main points in the establishment of social security system which were quite comprehensive and detail for his era. Sir Beveridge was the one who introduced the nature of social insurance. He described that under the scheme of social insurance, which forms the main feature of this plan, every citizen of working age will contribute in his appropriate class according to the security that he needs, or as a married woman will have contributions made by the husband. Each will be covered for all his needs by a single weekly contribution on one insurance document. All the principal cash payments-for unemployment, disability and retirement win continue so long as the need lasts, without means test, and will be paid from a Social Insurance Fund built up by contributions from the insured persons, from their employers, if any, and from the State. This is in accord with two views as to the lines on which the problem of income maintenance should be approached. The first view is that benefit in return for contributions, rather than free allowances from the State, is what the people of Britain desire. This desire is shown both by the established popularity of compulsory insurance, and by the phenomenal growth of voluntary insurance against sickness, against death and for endowment, and most recently for hospital treatment It is shown in another way by the strength of popular objection to any kind of means test. This objection springs not so much from a desire to get everything for nothing, as from resentment at a provision which appears to

penalise what people have come to regard as the duty and pleasure of thrift, of putting pennies away for a rainy day. Management of ones income is an essential element of a citizens freedom. Payment of a substantial part of the cost of benefit as a contribution irrespective of the means of the contributor is the firm basis of a claim to benefit irrespective of means. The second view is that whatever money is required for provision of insurance benefits, so long as they are needed, should come from a Fund to which the recipients have contributed and to which they may be required to make larger contributions if the Fund proves inadequate. The plan adopted since 1930 in regard to prolonged unemployment and sometimes suggested for prolonged disability, that the State should take this burden off insurance, in order to keep the contribution down, is wrong in principle. The insured persons should not feel that income for idleness, however caused, can come from a bottomless purse. The Government should not feel that by paying doles it can avoid the major responsibility of seeing that unemployment and disease are reduced to the minimum. The place for direct expenditure and organisation by the State is in maintaining employment of the labour and other productive resources of the country, and in preventing and combating disease, not in patching an incomplete scheme of insurance. The State cannot be excluded altogether from giving direct assistance to individuals in need, after examination of their means. However comprehensive an insurance scheme, some, through physical infirmity, can never contribute at all and some will fall through the meshes of any insurance. The making of insurance benefit without means test unlimited in duration involves of itself that conditions must be imposed at some stage or another as to how men in receipt of benefit shall use their

time, so as to fit themselves or to keep themselves fit for service; imposition of any condition means that the condition may not be fulfilled and that a case of assistance may arise. Moreover for one of the main purposes of social insurance-provision for old age or retirement-the contributory principle implies contribution for a substantial number of years ; in the introduction of adequate contributory pensions there must be a period of transition during which those who have not qualified for pension by contribution but are in need have their needs met by assistance pensions. National assistance is an essential subsidiary method in the whole Plan for Social Security, and the work of the Assistance Board shows that assistance subject to means test can be administered with sympathetic justice and discretion taking full account of individual circumstances. But the scope of assistance will be narrowed from the beginning and will diminish throughout the transition period for pensions. The scheme of social insurance is designed of itself when in full operation to guarantee the income needed for subsistence in all normal cases. The scheme is described as a scheme of insurance, because it preserves the contributory principle. It is described as social insurance to mark important distinctions from voluntary insurance. In the first place, while adjustment of premiums to risks is of the essence of voluntary insurance, since without this individuals would not of their own will insure, this adjustment is not essential in insurance which is made compulsory by the power of the State. In the second place, in providing for actuarial risks such as those of death, old age or sickness, it is necessary in voluntary insurance to fund contributions paid in early life in order to provide for the increasing risks of later life and to accumulate reserves against individual liabilities. The State with its power of compelling successive generations of citizens to become insured and its power of

taxation is not under the necessity of accumulating reserves for actuarial risks and has not, in fact, adopted this method in the past. The second of these two distinctions is one of financial practice only ; the first raises important questions of policy and equity. Though the State, in conducting compulsory insurance, is not under the necessity of varying the premium according to the risk, it may decide as a matter of policy to do so. When State insurance began in Britain, it was felt that compulsory insurance should be like voluntary insurance in adjusting premiums to risks. This was secured in health insurance by the system of Approved Societies. It was intended to be secured in unemployment insurance by variation of contribution rates between industries as soon as accurate valuation became possible, by encouragement of special schemes of insurance by industry, and by return of contributions to individuals who made no claims. In the still earlier institution of workmens compensation, adjustment of premiums to industrial risks was a necessary consequence of the form in which provision for industrial accidents was made, by placing liability on employers individually and leaving them to insure voluntarily against their liability. In the thirty years since 1912, there has been an unmistakable movement of public opinion away from these original ideas, that is to say, away from the principle of adjusting premiums to risks in compulsory insurance and in favour of pooling risks. This change has been most marked and most complete in regard to unemployment, where, in the general scheme, insurance by industry, in place of covering a large part of the field, has been reduced to historical exceptions; today the common argument is that the volume of unemployment in an industry is not to any effective extent within its control; that all industries depend upon one another, and that

those which are fortunate in being regular should share the cost of unemployment in those which are less regular. The same tendency of opinion in favour of pooling of social risks has shown itself in the views expressed by the great majority of witnesses to the present Committee in regard to health insurance. In regard to workmens compensation, the same argument has been put by the Mineworkers Federation to the Royal Commission on Workmen s Compensation; as other industries cannot exist without coalmining, they have proposed that employers in all industries should bear equally the cost of industrial accidents and disease, in coalmining as elsewhere. There is here an issue of principle and practice on which strong arguments can be advanced on each side by reasonable men. But the general tendency of public opinion seems clear. After trial of a different principle, it has been found to accord best with the sentiments of the British people that in insurance organised by the community by use of compulsory power, each individual should stand in on the same terms; none should claim to pay less because he is healthier or has more regular employment. In accord with that view, the proposals of the Report mark another step forward to the development of State insurance as a new type of human institution, differing both from the former methods of preventing or alleviating distress and from voluntary insurance. The term social insurance to describe this institution implies both that it is compulsory and that men stand together with their fellows. The term implies a pooling of risks except so far as separation of risks serves a social purpose. There may be reasons of social policy for adjusting premiums to risks, in order to give a stimulus for avoidance of danger, as in the case of industrial accident and disease. There is no longer an admitted claim of the individual citizen to share in national insurance and yet to

stand outside it, keeping the advantage of his individual lower risk whether of unemployment or of disease or accident. Furthermore, Sir Beveridge also introduced the main provisions of the plan on social security as follows6: (i) The plan covers all citizens without upper income limit, but. has regarded to their different ways of life ; it is a plan all-embracing in scope of persons and of needs, but is classified in application. (ii) In relation to social security the population falls into four main classes of working age and two others below and above working age respectively, as follows: Employees, that is, persons whose normal occupation is employment under contract of service. Others gainfully occupied, including employers, traders and independent workers of all kinds. (iii) Housewives, that is married women of working age. Others of working age not gainfully occupied. Below working age. Retired above working age.

The sixth of these classes will receive retirement pensions and the fifth will be covered by childrens allowances, which will be paid from the National Exchequer in respect of all children when the responsible parent is in receipt of insurance benefit or pension, and in respect of all children except one in other cases. The four other classes will be insured for security appropriate to

Socialist Health Association, Beveridge Report,http://www.sochealth.co.uk/

their circumstances. All classes will be covered for comprehensive medical treatment and rehabilitation and for funeral expenses. (iv) Every person in Class I, II or IV will pay a single security contribution by a stamp on a single insurance document each week or combination of weeks. In Class I the employer also will contribute, affixing the insurance stamp and deducting the employees share from wages or salary. The contribution will differ from one class to another, according to the benefits provided, and will be higher for men than for women, so as to secure benefits for Class Ill. (v) Subject to simple contribution conditions, every person in Class I will receive benefit for unemployment and disability, pension on retirement, medical treatment and funeral expenses. Persons in Class II will receive all these except unemployment benefit and disability benefit during the first 13 weeks of disability. Persons in Class IV will receive all these except unemployment and disability benefit. As a substitute for unemployment benefit, training benefit will be available to persons in all classes other than Class 1, to assist them to find new livelihoods if their present ones fail. Maternity grant, provision for widowhood and separation and qualification for retirement pensions will be secured to all persons in Class III by virtue of their husbands contributions ; in addition to maternity grant, housewives who take paid work will receive maternity benefit for thirteen weeks to enable them to give up working before and after childbirth. (vi) Unemployment benefit, disability benefit, basic retirement pension after a transition period, and training benefit will be at the same rate, irrespective of previous earnings. This rate will provide by itself the income necessary for

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subsistence in all normal cases. There will be a joint rate for a man and wife who is not gainfully occupied. Where there is no wife or she is gainfully occupied, there will be a lower single rate ; where there is no wife but a dependant above the age for childrens allowance, there will be a dependant allowance. Maternity benefit for housewives who work also for gain will be at a higher rate than the single rate in unemployment or disability, while their unemployment and disability benefit will be at a lower rate ; there are special rates also for widowhood as described below. With these exceptions all rates of benefit will be the same for men and for women. Disability due to industrial accident or disease will be treated like all other disability for the first thirteen weeks ; if disability continues thereafter, disability benefit at a flat rate will be replaced by an industrial pension related to the earnings of the individual subject to a minimum and a maximum. (vii) Unemployment benefit will continue at the same rate without means test so long as unemployment lasts, but will normally be subject to a condition of attendance at a work or training centre after a certain period. Disability benefit will continue at the same rate without means test, so long as disability lasts or till it is replaced by industrial pension, subject to acceptance of suitable medical treatment or vocational training. Pensions (other than industrial) will be paid only on retirement from work. They may be claimed at any time after the minimum age of retirement, that is 65 for men and 60 for women. The rate of pension will be increased above the basic rate if retirement is postponed. Contributory pensions as of right will be raised to the full basic rate gradually during a

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transition period of twenty years, in which adequate pensions according to needs will be paid to all persons requiring them. The position of existing pensioners will be safeguarded. While permanent pensions will no longer be granted to widows of working age without dependent children, there will be for all widows a temporary benefit at a higher rate than unemployment or disability benefit, followed by training benefit where necessary. For widows with the care of dependent children there will be guardian benefit, in addition. to the childrens allowances, adequate for subsistence without other means. The position of existing widows on pension will be safeguarded. (viii) For the limited number of cases of need not covered by social insurance, national assistance subject to a uniform means test will be available. (ix) Medical treatment covering all requirements will be provided for all citizens by a national health service organised under the health departments and postmedical rehabilitation treatment will be provided for all persons capable of profiting by it. (x) A Ministry of Social Security will be established, responsible for social insurance, national assistance and encouragement and supervision of voluntary insurance and will take over, so far as necessary for these purposes, the present work of other Government Departments and of 1-ocal Authorities in these fields. From that simple introduction, nowadays the world leaders gathered annually to discuss on social security system. The latest meeting was on 29 November 4 December 2010 in Cape Town South Africa, discussing on how to secure the stability

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and economic development through the implementation of social security. By citing this event, writer would like to announce that this social security issue is now expanding from a very small bureaucracy initiation into a world forum. This shows us how important the concept of social security in the eyes of world leaders in todays world. After seeing those concepts, writer would like to conclude two main aspects of the implementation of social security system in a state (especially, developing and lessdeveloped countries). The first emphasize would be on how big the role of the state and other institutions in the governmental organs really are. The implementation of the social insurance system is dependent on the state policy, since the concept of duty-bearer in the social security is the state itself, while the beneficiaries are the citizens within the state. Thus, there is no way that the social security system can be established without any preoccupied measures and support from the government (the state). The second emphasize somehow- can be considered as a plus point in having the social security programme in a state. According to the writers opinion, in a macroeconomic perspective, implementation of social security could strengthen the financial condition of a state, in a way that this system provides the sustainable life support to the people. In a simpler example, if the government covers the poors needs, it can be the best way to trigger the productive capacity of the poor thus they can contribute more to their society. The concept would be this way: the haves (with their financial condition) will contribute to the society in developing the states economic condition, and the poors would also contribute in their own way. By having more contribution, in turn, it will benefit the economic development in a state as a whole since the aggregate demand

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would be increased as well from the higher incomes resulted from the higher contribution from the public. Those key-points are essential to the development of social security system in every country, and Indonesia as a state, which has a constitutional mandate, should start considering these aspects into a better implementation. Indonesian government, in order to answer that mandate, slowly develops the social security system in Indonesia. Previously, the social security was divided into several categories, which are workers security, pension fund, health insurance and insurance for retired-military officers. The main weakness of the divided institutions for social security protection was the protection itself would only be applicable for limited group of people. For example, the retired-military officers would be covered by the ASABRI institution while the retired- civil servant would be taken care by the TASPEN institution. This division has clearly created gap between certain group of people and this concept is not what the social security system aims for. After quite a while, our government realized that this system should be developed into a better system, which covers all citizens of Indonesia without any differentiation in terms of service and coverage. Through the passing of Law No. 24 of 2011 regarding Badan Penyelenggara Jaminan Sosial (BPJS), Indonesian government has made a breakthrough in the field of social insurance. In the development of BPJS itself, there are so many issues arouse in the public and inexorable debates were happened. Public and some skeptical governmental officers were seeing the establishment of BPJS would affect the national economic stability because by establishing the BPJS, our government is required to reserve a lot of money to ensure that the social security coverage will be ran without any major obstacle. The

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reserve would affect the allocation of State Budgeting portion and of course would destroy the whole development plan of Indonesian government. On the other side, scholars were also having debates on the options and BPJS plan considering the existing institutions such as JAMSOSTEK, TASPEN, ASKES and ASABRI. At that time, there were four options were raised by scholars with each considerations: 1. There is no need to establish a new institution called BPJS. This option was raised on the basis that the establishment of BPJS would cost Indonesia a big amount of money to be reserved and could affected the financial and economic condition of the state. 2. TASPEN, JAMSOSTEK, ASABRI, and ASKES shall be merged into BPJS and it will take over the functions. This offer was raised to ensure that there is no inefficiency would be occurred in the establishment of BPJS, because the existing institutions for social security protection have already there. The BPJS would only be a new name, and take over all the functions and tasks to ensure that every people would enjoy the same services and protection. 3. The existence of TASPEN, JAMSOSTEK, ASABRI and ASKES shall be sustained and BPJS will be established to cover the rest who are not covered. This was an alternative offer raised to the government that those existing institutions would be sustained and play the role, while the government could still establish the BPJS only to cover other groups of people who are not yet covered by social insurance since they are not categorized as those criteria under the four existing institutions.

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4. TASPEN, JAMSOSTEK, ASABRI and ASKES shall be dismissed. This was another alternative which is not favorable for those four existing institutions. The scheme was to dismiss all those institutions and establish a brand new institution which has functions to cover all the main tasks of those dismissed institutions. Gladly, our government has taken a quite exceptional measure to dismiss PT. ASKES (Persero) and PT. JAMSOSTEK (Persero) without conducting liquidation process. This is good for the existing institutions so that there will be no massive confusion regarding the changing of authority, it would only be a minor confusion regarding the changes of institution but the main tasks would be the same. The transformation of BPJS can be explained into four main changes: 1. PT. ASKES (Persero) It will be changed into BPJS KESEHATAN and will be operated to run the social security protection for health care starting from 1 January 2014 (Article 60 section (1) BPJS Law). 2. PT. JAMSOSTEK (Persero) This institution will be changed into BPJS KETENAGAKERJAAN starting from 1 January 2014 (Article 62 section (1) BPJS Law). The BPJS KETENAGAKERJAAN will be operated on 1 July 2015, including the open registration for new members (Article 62 section (2) BPJS Law). 3. PT. ASABRI (Persero) This institution will settle the program transfer of ASABRI and pension funding to the BPJS KETENAGAKERJAAN at the latest 2029 (Article 65 section (1) BPJS Law)

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4. PT. TASPEN (Persero) This institution will settle the THT Programme and pension funding to the BPJS KETENAGAKERJAAN at the latest 2029 (Article 65 section (1) BPJS Law).7 It might be a good break trough for Indonesian social security system, but there is one thing that can be inferred from those articles of BPJS Law. IT TAKES QUITE A WHILE. Even though Indonesian citizens would soon enjoy the social security protection that will be provided by the government, it takes sometimes to be implemented. Yet, it seems like our government acknowledges the saying: better late than never.

BPJS Law, Law No. 24 of 2011, Additional State Gazette of The Republic of Indonesia No. 5256
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BIBLIOGRAPHY

BOOK, JOURNALS, RESEARCH REPORT Chee Seng, Soh, Social Security: Concept and Reality with Refference to Malaysia, http://www.mohr.gov.my/pdf/sohchee.pdf Justino, Patricia, Social Security in Developing Countries: Myth or Necessity? Evidence from India, Prus Working Paper No. 20, Brighton: Poverty Research Unit at Sussex, September 2003, p. 3 S., Guhan, Social Security Options for Developing Countries, International Labor Review, 133 (1): 35-54, p. 4 Socialist Health Association, Beveridge Report,http://www.sochealth.co.uk/

LAWS AND REGULATIONS BPJS Law, Law No. 24 of 2011, Additional State Gazette of The Republic of Indonesia No. 5256 Indonesian Constitution, The 1945 Constitution of The Republic of Indonesia, Article 34 (1)

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