The Constitutional Court issued decision No. 70/PUU-IX/2011
which conditionally revokes Article 4 (1) of Law No. 3 of 1992 re
Jamsostek and Article 13 (1) of Law No. 40 of 2004 regarding the
National Social Security System (SJSN) if these articles are
interpreted so that employees cannot enroll themselves in the
Jamsostek institution or the Social Security Provider Institution
(BPJS) if their employers have failed to so enroll them. However,
the employers still have to bear the contribution. There is no
provision in which the employee can ask for a reimbursement to the
employer for the contribution paid in advance by the employee to
the Jamsostek institution.
The Ministry of Manpower and Transmigration issued Regulation
No. 20 of 2012 ("Regulation No. 20")
which implements the above Constitutional Court decision, and which
states that employers are obliged to participate themselves and
their employees in the Jamsostek scheme. In the event that the
employer fails to
