Problematika Pengaturan dan Implementasi Manfaat Jaminan Hari Tua Pasca Peraturan Menteri Ketenagakerjaan Nomor 2 Tahun 2022: Perspektif Perlindungan Pekerja

This study examines the regulatory and implementation problems of Old Age Security (JHT) benefits following the issuance of Ministerial Regulation on Manpower (Permenaker) No. 2 of 2022. The regulation fundamentally altered the JHT withdrawal mechanism by stipulating that benefits may only be disbursed upon reaching age 56, permanent total disability, or death including workers who voluntarily resigned or were terminated. Using normative juridical research methods with statutory, conceptual, and comparative approaches, the study finds that Permenaker 2/2022: (1) contains material defects by contradicting Government Regulation No. 46 of 2015 upon which it is based; (2) potentially infringes workers' constitutional rights under Article 28H(3) of the 1945 Constitution; and (3) the substitute mechanism—Employment Loss Insurance (JKP)—is inadequate to replace JHT's short-term protection function. This study recommends a graduated withdrawal model that preserves 70% of the balance for retirement security while allowing limited access to 30% for workers facing job loss