Implementation of Administrative Sanctions Under Article 17 of Law Number 24 of 2011 on the Social Security Administrator: A Study at the Cirebon Branch of BPJS Ketenagakerjaan

There are still companies or employers that do not comply with Law Number 24 of 2011 on the Social Security Administrator (BPJS), as they have not registered their workers as participants in BPJS Ketenagakerjaan. The role of BPJS Ketenagakerjaan and the implementation of administrative sanctions serve as responses to this non-compliance. This research aims to explain the importance of the role of the Cirebon Branch of BPJS Ketenagakerjaan in providing certainty of social security protection for workers and the implementation of administrative sanctions in accordance with Article 17 of Law No. 24 of 2011 for non-compliant companies. This study employs a juridical-sociological legal research method, examining secondary data from literature and supported by primary data obtained directly from the community through empirical data gathered from interviews with relevant parties. The theories used in this study include the theory of legal certainty, utility, and justice from Gustav Radbruch, as well as the theory of law enforcement from Lawrence M. Friedman. The role of the Cirebon Branch of BPJS Ketenagakerjaan is crucial in providing social protection for workers, not only offering direct benefits to employees but also creating a strong foundation for good industrial relations between employees and employers, as well as managing risks associated with work accidents, death, old age benefits, pensions, and layoffs in accordance with the benefits of the BPJS Ketenagakerjaan program. There are 14 employers/business entities that have been subjected to administrative sanctions, including written warnings I and II, by the Cirebon Branch of BPJS Ketenagakerjaan, as well as sanctions in the form of not receiving certain public services related to business permits, necessary permits for participating in project tenders, permits for employing foreign workers, permits for labor service companies, and building permits, as stated in the letter from the Head of the Investment and One-Stop Integrated Service Office of Kuningan Regency Number 503/306/PPIPPM dated March 20, 2023. The implementation of these administrative sanctions is sometimes not maximally enforced in other regions due to concerns that imposing sanctions may disrupt the investment climate in a district or city. The implications of this research suggest that the government should create policies for the Acceptance of Contribution Assistance (PBI) for workers who are not yet registered as participants in BPJS Ketenagakerjaan. Additionally, to provide legal certainty and a deterrent effect for non-compliant companies or employers, it is advisable to establish a Social Security Court in Indonesia to handle disputes related to social security.