Implementation of Corporate Criminal Sanctions Enforcement in Arrears of Bpjs Employment Contributions

This study aims to analyze the procedures and issues in enforcing criminal sanctions against companies defaulting on BPJS Employment contributions. A normative legal research method was used. The criminal provisions of the BPJS Law are special criminal laws outside the Penal Code and form part of the penal system. The absence of implementing regulations creates a legal vacuum, preventing BPJS Employment from enforcing the mandated penalties. Criminal sanctions targeting corporations lack technical guidelines. Furthermore, BPJS Employment lacks adequate legal authority to report or investigate violations. Key obstacles include conflicts of interest, sectoral ego, and lengthy bureaucracies. Detailed regulations on mechanisms and BPJS Employment's authority to enforce Article 55 of Law No. 24 of 2011 are needed to achieve justice.

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Publication Details

Journal
Contemporary Journal of Applied Sciences
Published
2025-02-05
DOI
https://doi.org/10.55927/cjas.v3i1.13338
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Implementation of Corporate Criminal Sanctions Enforcement in Arrears of Bpjs Employment Contributions

Yasir Riady, Sanco Simanullang, Kristiani Asyyere, Habieb Pahlevi
Contemporary Journal of Applied Sciences
Indonesian Legal and Regulatory Studies
article

Implementation of Corporate Criminal Sanctions Enforcement in Arrears of Bpjs Employment Contributions

Yasir Riady, Sanco Simanullang, Kristiani Asyyere, Habieb Pahlevi
article en

Abstract

This study aims to analyze the procedures and issues in enforcing criminal sanctions against companies defaulting on BPJS Employment contributions. A normative legal research method was used. The criminal provisions of the BPJS Law are special criminal laws outside the Penal Code and form part of the penal system. The absence of implementing regulations creates a legal vacuum, preventing BPJS Employment from enforcing the mandated penalties. Criminal sanctions targeting corporations lack technical guidelines. Furthermore, BPJS Employment lacks adequate legal authority to report or investigate violations. Key obstacles include conflicts of interest, sectoral ego, and lengthy bureaucracies. Detailed regulations on mechanisms and BPJS Employment's authority to enforce Article 55 of Law No. 24 of 2011 are needed to achieve justice.

Contemporary Journal of Applied SciencesVol. 3(1)
Indonesia Open University (ID), Universitas Sumatera Utara (ID)
Openalex Percentile: Top 97%
Indonesian Legal and Regulatory Studies
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