JHT Originates From Workers' Salaries, Why Complicate It Again To Be Disbursed When No Longer Working?

Minister of Manpower, Ida Fauziyah

JAKARTA - The controversy over the Regulation of the Minister of Manpower (Permenaker) Number 2 of 2022 which regulates the disbursement of Old Age Security (JHT) at the age of 56 continues to draw criticism. This time, Member of the Legislative Body (Baleg) of the DPR RI Heri Gunawan (Hergun) expressed his view that JHT should be disbursed when not working anymore even though JHT is not a Youth Day Guarantee.

However, JHT is an accumulation of worker/labor funds that are deducted from salary every month in the hope that they will be used when they are no longer working or have been laid off. For that, the JHT rule must be canceled.

"Permenaker Number 2 of 2022 must be canceled. JHT money is money for workers/laborers, not state money. They have the right to take it when they are no longer working," said Hergun, Wednesday, February 16.

Hergun added, based on Law Number 40 of 2004 concerning the National Social Security System (SJSN), Article 35, paragraph 2, JHT is held with the aim of ensuring that participants receive cash if they enter retirement, experience permanent total disability, or die.

"Retirement period cannot be interpreted as the retirement age must be 56 years. Retirement period is more accurately interpreted if the worker/laborer is no longer working," he said.

This issue has actually been regulated in Permenaker Number 19 of 2015 concerning Procedures and Requirements for Payment of JHT Benefits. The Gerindra Party politician explained that Article 3 of the Permenaker states that JHT benefits can be given to workers/laborers who are no longer working, either because they have resigned, have been laid off, or have left Indonesia for good.

"Articles 5 and 6, state that JHT benefits can be paid in cash and at the same time after passing a waiting period of 1 month from the date of resignation or layoff. Unfortunately, this rule was changed to 56 years of age by Permenaker Number 2 of 2022," regrets Hergun.

He called for this controversy to be returned to the Minister of Manpower Regulation No. 19 of 2015 which is more precise in describing the rules of the SJSN Law.

Hergun continued, the presence of Permenaker No. 2 of 2022 is like lightning in broad daylight. Lack of socialization, suddenly the Permenaker was announced unilaterally. It is natural that the majority of workers/labourers reject it. He reminded that the Covid-19 pandemic had a wide impact, including causing layoffs and a massive reduction in working hours. According to data from the Central Statistics Agency (BPS) as of August 2020, 29.12 million people of working age were affected by COVID-19, either because they were laid off, laid off, or their working hours were reduced. Then as of August 2021, it fell to 21.32 million.

"With conditions that are already so difficult, the workers cannot be added to the difficulties. The government should make policies that relieve the workers. Moreover, most of today's workers are outsourced employees who are easy to recruit and also easy to lay off. It is illogical, if you are dismissed when you are 30 years old, you have to wait up to 26 years to get the funds back,” he explained.