Legal Protection for Employment BPJS Participants Who Experience Accidents Outside Routine Routes

Abstract

This study addresses legal protection for workers in relation to Work Accident Insurance (WAI), particularly when accidents occur outside regular commuting routes. WAI exists to mitigate the risks of work-related accidents, including those on the way to or from work, and illnesses caused by the work environment. However, concerns arise when companies violate occupational safety and health standards, potentially preventing workers from receiving rightful claims.

The study aims to analyze the legal protection available for workers—especially BPJS Employment participants—who suffer accidents outside routine routes, and to identify the factors influencing eligibility for JKK (Work Accident Security) benefits. Using a normative legal research method with statutory and conceptual approaches, the study employs descriptive, evaluative, and argumentative analyses.

The findings show that when accidents occur outside the usual commuting route, preventive legal protection is provided through case diagnosis, while repressive protection involves legal complaints when claims are denied. The eligibility for JKK benefits is based on specific criteria outlined in Ministerial Regulation No. 5 of 2021, including the time, location, and causal relationship of the accident to the employment. Thus, while protection exists, the recognition of claims outside standard routes depends on strict interpretations of regulations, requiring improved clarity and fairness in implementation.