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Akbar Nurdin's avatar

The article is well-written and raises legitimate concerns, but by centering BPJS Ketenagakerjaan rather than the national policy ecosystem that governs it, it inadvertently lets the actual policymakers off the hook. BPJS Ketenagakerjaan can improve its outreach, service delivery, and administrative efficiency, but it cannot legislate its way to universal coverage. That requires political will at the level of the Ministry of Manpower, Ministry of Finance, DJSN, and Parliament.

The article's central weakness is that it positions BPJS Ketenagakerjaan as both the problem and the solution, when it is, in legal terms, neither. BPJS Ketenagakerjaan is a public implementing body (badan hukum publik) under Law No. 24/2011. It cannot set its own contribution rates, benefit formulas, or eligibility rules. Every one of those requires a Government Regulation (PP) or Ministry-level decision. Asking BPJS to 'do better' without naming the actual policymakers risks letting the real decision-makers off the hook.

A few specific gaps worth flagging:

1. The JHT early-withdrawal problem is framed as a design flaw of BPJS, but it was actually created by PP No. 60/2015. A government policy reversal made under political pressure from labor unions. BPJS had no authority to resist it.

2. Enforcement against non-compliant employers is exclusively the mandate of the Ministry of Manpower's labor inspectorate (Ditjen Binwasnaker), not BPJS. The Ombudsman's finding should have pointed the finger more precisely there.

3. The absence of subsidies for informal workers is not an institutional gap, it is a deliberate fiscal choice by the Ministry of Finance. The BPJS Kesehatan PBI comparison actually proves the point that universal coverage requires APBN commitment, not just operational reform.

4. The DJSN (National Social Security Council), which is legally mandated to coordinate and recommend policy reform, is entirely absent from the analysis.

5. The JKP (Job Loss Insurance) program that introduced under UU Cipta Kerja with significant design constraints deserves scrutiny, especially given that job loss protection is central to the article's thesis.

Again, the reform conversation this article wants to start is important. But it will be more powerful if it names the right actors: Ministry of Manpower, Ministry of Finance, DJSN, and Parliament, not just BPJS Ketenagakerjaan, which operates within the policy space these institutions define.

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