Legal Analysis of Changes to Social Security Regulations for Workers in the Job Creation Law

Abstract

The provisions regarding social security for workers, previously regulated by Law No.
40 of 2004 concerning the National Social Security System and Law No. 24 of 2011
concerning the Social Security Administering Body, have been significantly amended by
Law No. 11 of 2020 concerning Job Creation. The purpose of this study is to examine
these normative changes from a legal perspective, focusing on their impact on the
defense of workers' rights. Normative legal research employs legislative and intellectual
approaches. Through a literature review of laws and regulations, court decisions, and
legal documents, data is analyzed qualitatively. According to the study, the modifications
outlined in the Job Creation Law, particularly those related to the unemployment
insurance program, could result in a loss of legal certainty and a decline in workers'
social security standards. Furthermore, the concepts of social justice and legal certainty
are questioned by the introduction of more flexible social security in the context of
investment interests. Therefore, to ensure that social protection for workers is
maintained within the context of national economic development, it is necessary to
strengthen its derivative legislation and implement a strict oversight system.