To implement the National Social Security Agency program, the
Indonesian government issued Government Regulation No. 46 of 2015
on the Management of the Old Age Security Program ("GR
46/2015") on 30 June 2015. The Old Age Security Program was
previously regulated under Government Regulation No. 14 of 1993 on
Implementation of Workers Social Security Program (Jaminan Sosial
Tenaga Kerja or Jamsostek) ("GR 14/1993").
Old age security (Jaminan Hari Tua or "JHT") is the
benefit given to participants of the program paid altogether in
cash. 1
Participants and Contribution
GR 46/2015 now categorizes participants of the JHT to consist of
salary earners and non-salary earners, instead of only employer and
employees under GR 14/1993.
Salary earners include employees at companies and individuals, as
well as foreign workers working in Indonesia for more than 6
months.2 Meanwhile, non-salary earners include employers
and any workers who do not fall within the salary earners
category.3
For salary earners, the amount of contribution and its portion are
the same with GR 14/19934 that is 5.7% of the monthly
salary which is divided between employers for 3.7% and the
employees for 2%.5
For non-salary earners, the contribution is to be paid in cash with
a fixed amount categorized based on the levels of the non-salary
earner's income amount,6 as provided in the
attachment of GR 46/2015.
Benefits and Collection
As with GR 14/1993,7 collectible benefits are
calculated based on the sum of accumulated amount of the stored
contributions recorded and the amount of yielded
interests8
Under GR 46/2015, JHT's benefit is collectible when the
participant reaches the pension age, which is 56 years old, suffers
a permanent defect or becomes deceased.9 As an exception
to the requirements, JHT benefits can only be collected if the
participant has participated for the period of at least 10 years
for a certain limited amount.10
As a breakthrough, GR 46/2015 provides an opportunity for
participants who have participated for at least 10 years to
allocate their JHT benefits to housing ownership for a maximum 30%
of JHT amount.11
Compared to GR 14/1993, participants have to wait longer to be able
to collect their JHT benefits, which are 55 years of pension age or
minimum participation of 5 years in JHT.12
The benefits for salary earners whose contracts are terminated and
have less that 10 years participation in the program are only
collectible when the participant has reached 56 years
old.13
GR 46/2015 has raised some controversies. The government is
currently considering a revision for GR 46/2015 in order to
accommodate the enjoyment of benefits for participants who are no
longer working due to early termination or expiry of working
period, industrial disputes, as well as resignation without having
to wait for the full 10 years.
Footnotes
1 Article 1(1) of GR 46/2015 ;
2 Article 4 (1) of GR 46/2015 ;
3 Article 4(3) of GR 46/2015 ;
4 Article 9(3) of GR 14/1993 ;
5 Article 16 of GR 46/2015 ;
6 Article 18 (1) of GR 46/2015 ;
7 Article 24 (1) of GR 14/1993 ;
8 Article 22 (2) of GR 46/2015
9 Article 1(1) of GR 46/2015, Article 22(1) of GR 46/2015 ;
10 Article 22(4) of GR 46/2015 ;
11 Article 22(5) of GR 46/2015 ;
12 Article 32(1) of GR 14/1993 ;
13 Article 26(3) of GR 46/2015
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.