One of the new substances listed in the fourth amendment to the 1945 Constitution is Article 34 paragraph (2) which reads: “The state develops a social security system for all people and empowers weak and incapable people in accordance with human dignity”. Based on the juridical basis, Law Number 40 of 2004 concerning the National Social Security System (Law of the National Social Security System) was established, which in Article 6 of the Law was explicitly stated that “For the implementation of the National Social Security System with this Law a Security Council was formed National Social “.
With the constitutional guarantee for the implementation of the social security system (social security), the existence and role of the National Social Security Council (DJSN) becomes very significant in the effort to develop a social security system for all people and empower people who are weak and unable to comply with human dignity. The next question is who is DJSN, what are its tasks and functions?
Non-NGO State Institutions
Often the DJSN Members introduce themselves as “private” institutions not the government. In lectures and seminars, DJSN members explained that DJSN membership came from government, non-governmental and individual institutions so that the conclusion of DJSN’s institutions was non-governmental institutions.
This understanding is incorrect. On the contrary, the DJSN is part of the government structure as a state auxiliary organ in the framework of the national social security system and is not a kind of NGO, non-governmental organization.
Look at the institutional classification of the central state level in Indonesia by Jimly Asshiddiqie. This classification pattern is based on legal instruments which form the basis of the formation of a state institution.
Jimly Asshiddiqie said that there are four levels of state institutions at the central level in Indonesia, namely:
- Institutions that are formed based on the constitution are regulated and further determined by laws, government regulations, presidential regulations, and presidential decrees;
- Institutions that are formed based on laws that are regulated and further determined by government regulations, presidential regulations, and presidential decrees;
- Institutions that are formed based on government regulations or presidential regulations are regulated and determined further by a presidential decree; and
- Institutions that are formed based on ministerial regulations are regulated and further determined by a ministerial decree or an official decision under the minister.
Referring to the classification pattern, DJSN can be categorized as a second type of state institution, namely “Institutions that are formed based on laws that are regulated and further determined by presidential regulations and presidential decrees”. Other institutions that can become an equivalent for DJSN in the Republic of Indonesia constitutional structure include the National Narcotics Agency (BNN) and the National Disaster Management Agency (BNPB).
In a theoretical study of state institutions, these institutions are often known as state auxiliary organs or auxiliary institutions, namely as supporting state institutions. Such institutions are generally formed to better guarantee the flexibility of the autonomous management of activities for the purpose of achieving public objectives.
DJSN and State Reform
The establishment of supporting state institutions in the constitutional structure of the Republic of Indonesia after the amendment to the 1945 Constitution of the Republic of Indonesia (UUDNRI 1945) is an unavoidable reality.
There are real demands, whether due to social, economic, political, or cultural factors. As a result, the separation of powers in the concept of the trias politica popularized by Montesquieu can no longer be carried out rigidly, but instead turned into the principle of “distribution of powers” (distribution of powers). The implementation of the principle of distribution of powers gives rise to a variety of state institutions in the form of councils, commissions, committees, boards, authorities, and so forth.
This reminds us of the phenomenon that occurred in England in the 60-70s decade in which to overcome the death of bureaucracy many new institutions were formed which were expected to work more efficiently, both at the central and regional levels. Warren G. Bennis, in his writing “The Coming Death of Bureaucracy,” states that this is considered necessary to overcome the rigidity of bureaucracy.
Furthermore, the development of the existence and role of state auxiliary organs in various countries is generally motivated by two basic things. First, the fragility of the state bureaucratic system inherited from the past. Second, because of the awareness of policy makers to form a more efficient value system and work culture as is commonly applied in the private business world.
DJSN to Optimize Social Security
Article 1 number 1 of Presidential Regulation Number 44 of 2008 concerning Organizational Structure and Working Procedures, Procedures for Appointment, Replacement and Dismissal of Members of the National Social Security Council (Perpres No. 44/2008) states that DJSN is a Council that functions to assist the President in the formulation general policies and synchronization of the implementation of the national social security system.
The DJSN functions to formulate general policies and synchronize the implementation of the national social security system and has the following tasks:
- conducting studies and research relating to the implementation of social security;
- propose investment policies for national social security funds; and
- propose a social security budget for recipients of contribution assistance and the availability of an operational budget to the Government.
In accordance with Article 8 of Perpres No. 44/2008, the President also issued Presidential Decree Number 110 / M of 2008 which has appointed and appointed 15 (fifteen) people in the DJSN membership consisting of
- 5 (five) elements of government;
- 6 (six) persons from figures and / or experts who understand and have expertise in the insurance, financial, investment and actuarial fields, and
- 2 (two) people from the elements of the employers ‘organization / employers’ organization, and 2 (two) people from the elements of the workers ‘/ laborers’ organization.
DJSN is led by a Chair who concurrently comes from members of the Government. The term of office for DJSN members is 5 (five) years and can be reappointed for one term. DJSN has the authority to monitor and evaluate the implementation of social security programs to ensure the implementation of social security programs and the level of financial health of the BPJS in accordance with the provisions applicable to each BPJS.
To carry out its duties, functions and authority, the DJSN has 3 (three) commissions, namely the Research and Research Commission, the Investment and Finance Commission, the Monitoring and Evaluation Commission, and can form other commissions as needed. All funding needed for implementing the functions and duties of the DJSN is borne by the State Budget through the Minister responsible for the people’s welfare.
Article 12 of the SJSN Law stipulates that “For the first time, the Chairperson and members of the National Social Security Board are proposed by the Minister whose task includes social welfare”. Furthermore, to appoint and appoint DJSN members, the President forms a selection committee based on the Minister’s proposal. The selection committee members come from elements of government and elements of society.
Read too : The BPJS Bill in the Political Domain
The appointment and appointment of DJSN members in this case is the preogative right of the President because even though the statutory regulations require the selection of a selection committee first, the next process does not require a legislative role (DPR) to conduct a fit and proper test as a follow-up the work of the selection committee in general.
In carrying out its duties, DJSN is assisted by a Secretariat led by a Secretary whose task is to provide administrative support and operational services to support the smooth implementation of DJSN’s duties. The Secretary who is below and is responsible to the Chair of the DJSN can be held by the Civil Servants (equivalent to echelon II / a and at the lowest occupying the rank of Guidance Level I, space group IV / b) or not a Civil Servants. The promotion of the rank of Civil Servants employed at the DJSN is carried out by the parent agency and the rank can be adjusted to a higher level, if it has been 4 (four) years in the last rank.
Immediate Evaluation of DJSN Performance
Does not feel DJSN has been established with complete membership and organization for more than 2 years. It is time for DJSN’s performance to be evaluated.
A very valuable lesson from the practices of the development of the existence and role of state auxiliary organs in various countries is the need for careful and comprehensive consideration as well as clear arrangements related to the organization and work procedures of the state auxiliary organs. Therefore, the formation of state auxiliary organs that is not accompanied by careful consideration and comprehensive comprehension and regulation will only lead to inefficiencies which will ultimately threaten the quality of public services.
Therefore, before DJSN goes too far, the existence and performance of DJSN as a new institution within the framework of social security policies needs to be explored. This needs to be considered, because the establishment of the DJSN is inseparable from copying practices in countries that have already successfully implemented social security. Like other developing countries, Indonesia is often trapped in an inferiority complex. We are simply amazed and imitating things that are practiced in developed countries without the socio-cultural and institutional readiness of the people.
Waiting for BPJS
The authority of the DJSN to monitor and evaluate the implementation of the social security program by the four existing governing bodies is very important. The results of monitoring and evaluation are needed to determine general policies and synchronize the implementation of the SJSN, including the transformation of the four organizing bodies. This is because according to Article 52 paragraph (2) of the SJSN Law, the four governing bodies must adjust all the provisions that govern it with the SJSN Law, within a maximum of five years from October 19, 2004.
The birth of the Law on BPJS has been very urgent as the implementation of the SJSN Law after the Constitutional Court’s decision on August 31, 2005.
We hope that the ongoing discussion of the Bill on BPJS in the DPR can be completed in accordance with the results expected by the parties related to the national social security system. In the process of discussing the bill, based on Presidential Letter Number R.70 / Pres / 09/2010, the President appoints the Minister of Finance, the Minister of State Owned Enterprises, the Minister of Social Affairs, the Minister of State for Administrative Reform and Bureaucracy Reform, and the Minister of Law and Human Rights, both jointly or individually, to represent the President discuss the bill together with the DPR.
Thus, fulfilling the basic needs of a decent life and increasing the dignity of each person through the national social security system towards the realization of a prosperous, just and prosperous Indonesian society will hopefully be carried out soon.
Sumber : http://ditjenpp.kemenkumham.go.id/umum/960-djsn-sebagai-state-auxiliary-organs-dalam-kerangka-sjsn.html