Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Indonesia (Ratification: 1950)

Article 1(1) of the Convention. Equality of treatment. In reply to the issues raised by the Committee in its previous comments, the Government indicates that since the adoption of Act No. 40 of 2004 on the National Social Security System (SJSN) and Act No. 24 of 2011 on the Social Security Agency, national and foreign workers are treated equally, including in respect of work accident insurance. Consequently, the implementation of Act No. 3 of 1992, as well as of Ministerial Decree No. KEP-132/MEN/1998 and Regulation of Minister of Manpower and Transmigration No. Per. 02/Men/XII/2004, will be adjusted accordingly. The Government further stresses that Indonesia is party to the UN Convention on the Protection of the Rights of All Migrant Workers and Members of their Families since the promulgation of Act No. 6 of 2012, and Article 27(1) of the UN Convention also guarantees equal treatment between foreign and national workers in work accident insurance. While it welcomes the fact that the SJSN Act does not discriminate between national and foreign workers in respect of employment injuries, the Committee understands that all implementing regulations have not yet been adopted, including those in respect of employment injuries. Until then, the previous legislation remains applicable and continues to exempt employers from the obligation to insure expatriates working in Indonesia for Indonesian companies against employment injuries through the social security scheme (Ministerial Decree No. KEP-132/MEN/1998). In these circumstances and pending the adoption of the SJSN’s implementing regulations, the Committee invites the Government to consider issuing the necessary instructions so as to ensure in practice that expatriate workers working in Indonesia, as well as their dependants, enjoy equal rights with national workers in respect of compensation for employment injuries. The Committee would appreciate receiving in the Government’s next report updated information on the progress achieved in the implementation of the SJSN Act of 2004.