On 29 January 2019, Government of the Republic of Indonesia enacted Presidential Regulation Number 7 Year 2019 on Diseases Caused by Occupational Relation. (“Perpres 7/2019”)
Perpres 7/2019 is to implement provision of Article 48 paragraph (3) of Government Regulation Number 44 of 2015 on the Implementation of Occupational Accident and Death Insurance Programs. Perpres 7/2019 determines 83 (eighty three) diseases that were entitled the benefit of JKK.
Perpres 7/2019 revokes Presidential Decree Number 22 of 1993 on the Diseases Caused by Occupational Relation.
Diseases caused by Occupational Relation
Diseases Caused by Occupational Relation are diseases caused by work and/or work environment.
Workers diagnosed with Diseases Caused by Occupation Relation due to a doctor’s statement are entitled to the benefit of JKK although the employment relationship has ended. The benefit of JKK is granted if this Diseases Caused by Occupation Relation arises for a maximum period of 3 (three) years from the expiry of the employment relationship.
Type of Diseases
There are 4 (four) types of Diseases Caused by Occupational Relation, namely (i) diseases caused by exposure factors from work activities, (ii) diseases based on target organ systems, (iii) cancer caused by occupation, (iv) other specific disease.
- Diseases caused by exposure factors that arise from work activities, as follows:
- diseases caused by chemical factors, there are 39 (thirty nine) diseases, including diseases caused by beryllium and their compounds;
- diseases caused by physical factors, there are 7 (seven) diseases, including hearing damage caused by noise; and
- diseases caused by biological and infectious or parasitic, there are 9 (nine) diseases, including viral hepatitis.
- Diseases based on the target organ system, as follows:
- respiratory tract diseases, there are 12 (twelve) diseases, including siliko tuberkolosis.
- skin diseases, there are 3 (three) diseases, including irritant contact dermatitis caused by work activities.
- muscle and skeletal disorders, there are 9 (nine) diseases, including radial styloid tenosynovitis.
- mental and behavioral Disorders, there are 2 (two) diseases, including post traumatic stress disorder.
- Cancer caused by occupation is cancer caused by 9 substances, including asbestos.
- Other specifics diseases are diseases caused by work, where the disease has direct correlation between exposures with disease experienced by workers which is scientifically proven using the right method. Other specific examples of disease, such as nystagmus in miners.
Diagnosis of Diseases
The Diagnosis of Diseases must be done by:
- doctor; or
- medical specialist
According to Regulation of Minister of Health Number 56 of 2016 on the Management of Diseases Caused by Occupation Relation, that enforcement of diagnosis of diseases has:
- medical aspects: the basis of medical procedure and procedure of Diseases Caused by Occupational Relation and limiting disability and severity of disease.
- commnity aspects: to protect the workers.
- legal aspects: to fulfill workers’ rights.
The diagnosis of Diseases Caused by Occupation Relation is carried out with 7 (seven) steps as the follows:
- enforcement of clinical diagnosis;
- determination of exposure experienced by workers in the workplace;
- determination of the relationship between exposure to disease;
- determination of adequacy of exposure;
- determination of the individual factors;
- determination of other factors outside the workplace; and
- determination of occupational diagnosis.
Occupation Accident Protection Benefits
Workers who experience Diseases Caused by Occupational Relation are entitled to JKK benefits as follows:
- necessary medical healthcare services:
- basic inspection and support
- first and advanced level of medical care
- inpatient of class I government hospitals, regional government hospitals, or equivalent private hospitals
- intensive care
- diagnostic support
- special services
- medical equipment and implants
- doctor/medical services
- blood transfusion
- medical rehabilitation
- compensation in the form of money includes:
- reimbursement of transportation costs of participants who suffer disease caused by work, to the hospital and/or to their home, including the cost of first aid to an accident;
- temporary compensation due to the inability to work
- compensation for anatomical partial disability, partial function disability, and permanent disability;
- compensation for death and funeral costs;
- periodic compensation paid at once if the participant dies or suffers permanent disability due to work accident or Diseases Caused by Occupation Relation;
- rehabilitation costs in the form of replacement of assistant equipment (orthose) and/or replacement equipment (prothese);