Part One
Criminal Regulations
Article 183
(1) Whosoever violates what is stipulated under Article 74 shall be subjected to a criminal sanction in
jail for a minimum of 2 (two) years and a maximum of 5 (five) years and/or a fine of a minimum
of Rp200,000,000 (two hundred million rupiah) and a maximum of Rp500,000,000 (five hundred
million rupiah).
(2) The crime [criminal action] referred to under subsection (1) is [shall be legally categorized as] a
felony.
Article 184
(1) Whosoever violates what is referred to under subsection (5) of Article 167 shall be subjected to a
criminal sanction in jail for a minimum of 1 (one) year and a maximum of 5 (five) years and or a
fine of a minimum of Rp100,000,000 (one hundred million rupiah) and a maximum of
Rp500,000,000 (five hundred million rupiah).
(2) The crime referred to under subsection (1) is [shall be legally categorized as] a felony.
Article 185
(1) Whosoever violates what is stipulated under subsection (1) and subsection (2) of Article 42,
Article 68, subsection (2) of article 69, Article 80, Article 82, subsection (1) of Article 90, Article
139, Article 143, and subsection (4) and subsection (7) of Article 160 shall be subjected to a
criminal sanction in jail for a minimum of 1 (one) year and a maximum of 4 (four) years and/or a
fine of a minimum of Rp100,000,000 (one hundred million rupiah) and a maximum of
Rp400,000,000 (four hundred million rupiah).
(2) The crime referred to under subsection (1) is [shall be legally categorized as] a felony.
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Article 186
(1) Whosoever violates what is stipulated under subsection (2) and subsection (3) of Article 35,
subsection (2) of Article 93, Article 137, and subsection (1) of Article 138 shall be subjected to a
criminal sanction in jail for a minimum of 1 (one) month and a maximum of 4 (four) years and/or
a fine of a minimum of Rp10,000,000 (ten million rupiah) and a maximum of Rp400,000,000
(four hundred million rupiah).
(2) The crime referred to under subsection (1) is [shall be legally categorized as] a misdemeanor.
Article 187
(1) Whosoever violates what is stipulated under subsection (2) of Article 37, subsection (1) of Article
44, subsection (1) of Article 45, subsection (1) of Article 67, subsection (2) of Article 71, Article
76, subsection (2) of Article 78, subsection (1) and subsection (2) of Article 79, subsection (3) of
Article 85, and Article 144 shall be subjected to a criminal sanction in jail for a minimum of 1
(one) month and a maximum of 12 (twelve) months and/or a fine of a minimum of Rp10,000,000
(ten million rupiah) and a maximum of Rp100,000,000 (one hundred million rupiah).
(2) The crime referred to under subsection (1) is [shall be legally categorized as] a misdemeanor.
Article 188
(1) Whosoever violates what is stipulated under subsection (2) of Article 14, subsection (2) of Article
38, subsection (1) of Article 63, subsection (1) of Article 78, subsection (1) of Article 108,
subsection (3) of Article 111, Article 114, and Article 148 shall be subjected to a criminal
sanction in the form of a fine of a minimum of Rp5,000,000 (five million rupiah) and a maximum
of Rp50,000,000 (fifty million rupiah).
(2) The crime referred to under subsection (1) is [shall be legally categorized as] a misdemeanor.
Article 189
Sanctions imposed on entrepreneurs in the form of a jail sentence, lockup, and/or a fine do not release the
affected entrepreneurs from their obligations to pay entitlements and/or compensations to people available
for work or workers/ labourers.
Part Two
Administrative Sanctions
Article 190
(1) Minister or another government official appointed on Minister’s behalf shall impose administrative
sanctions because of violations against what is stipulated under Article 5, Article 6, Article 15, Article
25, subsection (2) of Article 38, subsection (1) of Article 45, subsection (1) of Article 47, Article 48,
Article 87, Article 106, subsection (3) of Article 126, and subsection (1) and subsection (2) of Article
160 of this act and its implementing regulations.
(2) The administrative sanctions as referred to under subsection (1) may take the form of:
a. A rebuke;
b. A written warning;
c. [Legal order to] restrict/ limit the business activities of the affected enterprise;
d. [Legal order to] freeze the business activities of the affected enterprise;
e. Cancellation of approval;
f.
Cancellation of registration;
g. Temporary termination of partial or the whole production tools/ instruments;
h. Abolishment/ revocation of license or permission to operate.
(3) Rulings concerning administrative sanctions as referred to under subsection (1) and subsection (2)
shall be determined and specified further by Minister.
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Chapter XVII
TRANSITIONAL REGULATIONS
Article 191
All implementing regulations that regulate manpower shall remain effective as long as they do not run
against and/or have not been replaced by the new regulations made based on this act.
CHAPTER XVIII
CLOSING PARAGRAPHS
Article 192
At the time this act starts to take effect, then:
1. Ordinance concerning the Mobilization of Indonesian People To Perform Work Outside of
Indonesia ( Staatsblad Year 1887 Number 8);
2. Ordinance dated December 17, 1925, which is a regulation concerning Restriction of [the use of]
Child Labour and Night Work for Women ( Staatsblad Year 1925 Number 647);
3. Ordinance Year 1926, which is a regulation which regulates the Employment of Child and Youth
on Board of A Ship ( Staatsblad Year 1926 Number 87);
4. Ordinance dated May 4, 1936 concerning Ordinance To Regulate Activities To Recruit Candidates/
Prospective Workers ( Staatsbald Year 1936 Number 208);
5. Ordinance concerning the Repatriation of Labourers Who Come From or Are Mobilized From
Outside of Indonesia ( Staatsblad Year 1939 Number 545);
6. Ordinance Number 9 Year 1949 concerning Restriction of Child Labour (Staatsblad Year 1949
Number 8);
7. Act Number 1 Year 1951 concerning the Declaration of the Enactment of Employment Act Year
1948 Number 12 From the Republic of Indonesia For All Indonesia (State Gazette Year 1951
Number 2);
8. Act Number 21 Year 1954 concerning Labour Agreement Between Labour Union and Employer
(State Gazette Year 1954 Number 69, Supplement to State Gazette Number 598a);
9. Act Number 3 Year 1958 concerning the Placement of Foreign Workers (State Gazette Year 1958
Number 8);
10. Act Number 8 Year 1961 concerning Compulsory Work for University Graduates Holding
Master’s Degree (State Gazette Year 1961 Number 207, Supplement to State Gazette Number
2270);
11. Act Number 7 Year 1963 Serving as the Presidential Resolution on the Prevention of Strike and/or
Lockout at Vital Enterprises, Government Agencies In Charge of Public Service and Agencies
(State Gazette Year 1963 Number 67);
12. Act Number 14 Year 1969 concerning Fundamental Rulings concerning Manpower (State Gazette
Year 1969 Number 55, Supplement to State Gazette Number 2912);
13. Act Number 25 Year 1997 concerning Manpower (State Gazette Year 1997 Number 73,
Supplement to State Gazette Number 3702);
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14. Act Number 11 Year 1998 concerning the Change in the Applicability of Act Number 25 Year
1997 concerning Manpower (State Gazette Year 1998 Number 184, Supplement to State Gazette
Number 3791);
15. Act Number 28 Year 2000 concerning the Establishment of Government Regulation in lieu of Law
Number 3 Year 2000 concerning Changes to Act Number 11 Year 1998 concerning the Change in
the Applicability of Act Number 25 Year 1997 concerning Manpower into Act (State Gazette Year
2000 Number 204, Supplement to State Gazette Number 4042)
shall herewith be declared null and void.
Article 193
This act starts to take effect on the date of its promulgation.
So that everybody is cognizant of this act, [the president] orders the promulgation of this act by having it
published in the State Gazette of the Republic of Indonesia.
Legalized in Jakarta
On March 25, 2003
PRESIDENT OF THE REPUBLIC OF INDONESIA
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta:
On March 25, 2003
STATE SECRETARY OF
THE REPUBLIC OF INDONESIA
BAMBANG KESOWO
SUPPLEMENT TO
THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA
No. 4247
MANPOWER. Labour. Work Agreement. Employment Relations. Inspection.
Termination of Employment. Workers’ Institute. Wages. Central Government. Regional
Governments. (Explanation of the State Gazette of the State of the Republic of Indonesia
of the Year 2003 Number 39.)
EXPLANATORY NOTES ON
THE ACT OF THE REPUBLIC OF INDOENSIA
NUMBER 13 OF THE YEAR 2003
CONCERNING
LABOUR
1. General
Manpower development as an integral part of the national development based on the Pancasila and the
1945 Constitution shall be carried out within the framework of building up Indonesians as fully integrated
human beings and the overall, integrated development of Indonesia’s society in order to enhance the
dignity, values and status of manpower and to create a prosperous, just and well-off society in which
material and spiritual benefits are evenly distributed.
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Manpower development must be regulated in such a way so as to fulfill the rights of and [to provide] basic
protection to manpower and workers/ labourers and at the same time to be able to create conducive
conditions for the development of the world of business.
Manpower development has many dimensions and interconnectivity. The interconnectivity is not only
related to the interests of the workforce during, prior to and after the term of employment but also related to
the interests of the entrepreneur, the government and the public. Therefore, comprehensive and all-
inclusive arrangements are needed. And this shall include, among others, the development of human
resources, improvement of productivity and competitiveness of Indonesian manpower, efforts to extend job
opportunities, job placement service, and industrial relations development.
Industrial relations development as part of manpower development must be directed to keep on realizing
industrial relations that are harmonious, dynamic and based on justice. For this purpose, recognition and
appreciation of human rights as stated under the Decree of the People’s Consultative Assembly Number
XVII of 1998 (TAP MPR NO. XVII/MPR/1998) must be realized. As far as manpower business is
concerned, this MPR decree serves as a chief milestone in promoting and upholding democracy in the
workplace. It is expected that the implementation of democracy in the workplace will encourage optimal
participation from all manpower and workers/ labourers of Indonesia to build the aspired State of
Indonesia.
Some valid statutory legislation concerning manpower that has been ongoing thus far, including parts that
are of colonial products, put workers in a less advantageous position especially when it comes to job
placement service and industrial relations system that put too much emphasis on differences of positions
and interests so that they are no longer suitable for today’s needs as well as for future demands. The
statutory legislation in question is:
Ordinance concerning the Mobilization of Indonesian People To Perform Work Outside of Indonesia
( Staatsblad Year 1887 Number 8);
Ordinance dated December 17, 1925, which is a regulation concerning the Imposition of Restriction on
Child Labour and Night Work for Women ( Staatsblad Year 1925 Number 647);
Ordinance Year 1926, which is a regulation concerning Child and Youth Labour on Board of A Ship
( Staatsblad Year 1926 Number 87);
Ordinance dated May 4, 1936 concerning Ordinance To Regulate Activities To Recruit Candidates
( Staatsbald Year 1936 Number 208);
Ordinance concerning the Repatriation of Labourers Who Come From or Are Mobilized From Outside
of Indonesia ( Staatsblad Year 1939 Number 545);
Ordinance Number 9 Year 1949 concerning Restriction of Child Labour (Staatsblad Year 1949
Number 8);
Act Number 1 Year 1951 concerning the Declaration of the Enactment of Employment Act Year 1948
Number 12 From the Republic of Indonesia For All Indonesia (State Gazette Year 1951 Number 2);
Act Number 21 Year 1954 concerning Labour Agreement Between Labour Union and Employer (State
Gazette Year 1954 Number 69, Supplement to State Gazette Number 598a);
Act Number 3 Year 1958 concerning the Placement of Foreign Manpower (State Gazette Year 1958
Number 8);
Act Number 8 Year 1961 concerning Compulsory Work for University Graduates Holding Master’s
Degree (State Gazette Year 1961 Number 207, Supplement to State Gazette Number 2270);
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Act Number 7 of the Year 1963 serving as the Presidential Resolution on Prevention of Strike and or
Lockout at Vital Enterprises, Government Agencies In Charge of Public Service and Agencies (State
Gazette Year 1963 Number 67);
Act Number 14 Year 1969 concerning Fundamental Rulings concerning Manpower (State Gazette
Year 1969 Number 55, Supplement to State Gazette Number 2912);
Act Number 25 Year 1997 concerning Manpower (State Gazette of the Republic of Indonesia Year
1997 Number 73, Supplement to State Gazette of the Republic of Indonesia Number 3702);
Act Number 11 Year 1998 concerning the Change in the Applicability of Act Number 25 Year 1997
concerning Manpower (State Gazette Year 1998 Number 184, Supplement to State Gazette Number
3791);
Act Number 28 Year 2000 concerning the Establishment of Government Regulation in lieu of Law
Number 3 Year 2000 concerning Changes to Act Number 11 Year 1998 concerning the Change in the
Applicability of Act Number 25 Year 1997 concerning Manpower into Act (State Gazette Year 2000
Number 204, Supplement to State Gazette Number 4042).
The above-mentioned statutory legislation is considered necessary to be revoked and replaced by a new act.
Relevant rulings of the old statutory rules and regulations are accommodated under this manpower act.
Implementing regulations from the abolished acts shall remain effective until new implementing
regulations are established to replace them.
This act does not only abolish rules, regulations and rulings that are no longer suitable/ relevant in the
manpower context of today but also accommodate very fundamental changes in all aspects of the life of
Indonesians as a nation that started with the 1998 reformatory era.
At international labour forums, fundamental human rights in the workplace are recognized through the 8
(eight) core conventions of the International Labour Organization (ILO). These core conventions are
basically made up of four groups:
Freedom of Association (ILO Conventions No. 87 and 98);
Prohibition against Discrimination (ILO Conventions No. 100 and 111);
Abolition of Forced Labour (ILO Conventions No. 29 and 105);
Minimum Age for Admission to Employment (ILO Convention No. 138 and No. 182).
Indonesians, as a nation, are committed to the recognition and appreciation of fundamental human rights in
the workplace. This has been realized, among others, through the ratification of the 8 (eight) core
conventions of the ILO. In line with the ratification in recognition of the fundamental rights, this manpower
act must also reflect observance and appreciation of the seven core principles.
This act contains, among others:
Statutory bases, fundamental principle and the objectives of manpower development;
Manpower planning and manpower information;
Provision of equal opportunities and equal treatment for manpower and workers/ labourers;
Job training that is directed to improve and develop skills and expertise of manpower in order to
increase labour productivity as well as enterprise productivity;
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Job placement service in order to optimally use manpower and the placement of people available for
work in jobs that uphold human values and human dignity as a form of responsibility of the
government and the society in efforts to extend job opportunities;
The proper use of manpower of foreign citizenship in accordance with the competences that are
needed.
Industrial relations development that accords with the values of the Pancasila, directed towards the
development of harmonious, dynamic and justice-based relations among actors of production process;
Institutional development and structures of industrial relations, including collective work agreements,
bipartite cooperative institutes, tripartite cooperative institutes, the provision of information on
industrial relations to the society, and the settlement of industrial relations disputes.
Protection for workers/ labourers, including protection of the worker/ labourer’s fundamental rights to
negotiate with the entrepreneur, protection of the worker/ labourer’s occupational safety and health,
special protection for female workers/ labourers, children, youths and disabled or handicapped
workers, and protection concerning wages, welfare and social security for employees;
Labour inspection, in order to make sure that statutory rules and regulations concerning manpower are
indeed carried out, as they should.
II. ARTICLE BY ARTICLE
Article 1
From Number 1 to Number 33
Sufficiently clear
Article 2
The National Development shall be carried out in the framework of the whole, undivided
development of Indonesians as a human being. Therefore, manpower development shall be carried
out with the aim to develop Indonesians and the Indonesian society as a whole into a prosperous,
just, and well-off society in which material and spiritual benefits are evenly shared.
Article 3
The fundamental principle of manpower development basically accords with the fundamental
principle of national development, in particular with the fundamental principle of democracy of
the Pancasila and the fundamental principle of social justice and equity. Manpower development
has many dimensions and interconnectivity with many stakeholders such as the government, the
entrepreneur and the worker/ labourer. Therefore, manpower development shall be carried out in
an integrated manner and in the form of a mutually supportive cooperation.
Article 4
Point a
The empowerment [ pemberdayaan] and the effective employment of manpower and the
development of their potentials [pendayagunaan] shall go hand in hand as an integrated
activity aimed at providing as many job opportunities as possible to Indonesian
manpower. Through the empowerment and their employment/ potential development,
Indonesian manpower shall be able to participate optimally in the national development
but with keeping on upholding their values as human beings.
Point b
All efforts must be made to ensure equal distribution of job opportunities throughout all
the territory of the Unitary State of the Republic of Indonesia as a unified unity of job
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markets by providing equal opportunities to all Indonesian manpower to find a job that is
in line with their talents, interest and capabilities. All efforts must also be made to ensure
equal distribution of job placement in order to fulfill the needs in all sectors and regions.
Point c
Sufficiently clear
Point d
Sufficiently clear
Article 5
Every person who is available for a job shall have the same right and opportunity to find a decent
job and to earn a decent living without being discriminated against on grounds of sex, ethnicity,
race, religion, political orientation, in accordance with the person’s interest and capability,
including the provision of equal treatment to the disabled.
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