THE LEGAL POLITICS OF CIVIL SERVANT INVESTIGATORS’ (PPNS) AUTHORITY IN HANDLING CRIMINAL OFFENSES IN EMPLOYMENT SOCIAL SECURITY IN INDONESIA
This research examines the legal politics underlying the enforcement of criminal sanctions in the field of employment social security in Indonesia, particularly in the wake of the enactment of the National Social Security System (SJSN) Law and the Social Security Administering Body (BPJS) Law. The study employs a normative legal research method using philosophical, statutory, and conceptual approaches. The findings indicate a fundamental shift in policy direction, particularly the removal of the investigative authority of Civil Servant Investigators (PPNS) which was previously recognized under Law No. 3 of 1992 concerning Jamsostek. This change signifies a move away from criminal enforcement mechanisms toward administrative and civil law approaches, thereby reducing the legal protection available to workers. The research reveals that the legislative process in this domain has been strongly influenced by political and economic considerations that favor business interests, resulting in laws that are less responsive to the rights and welfare of workers. The absence of effective criminal law enforcement mechanisms—particularly in cases of employer noncompliance—raises concerns about legal certainty, justice, and the deterrent effect of existing legal provisions. This study concludes that a reorientation of legal policy is necessary to ensure that employment social security not only supports national development and investment climate but also upholds the fundamental rights of workers. A more balanced and comprehensive criminal justice approach, including the restoration or reformation of investigative authority, is essential to realize an employment social security system that is just, effective, and aligned with the ideals of a democratic rule-of-law state.
Legal Politics, Employment Social Security, Criminal Sanctions, PPNS Authority, Labor Protection.