Indonesia > Freedom of association, collective bargaining and industrial relations

Indonesia - Freedom of association, collective bargaining and industrial relations - Law, Act

Law concerning Handling of Social Conflict (Law No. 7/2012). (Undang-Undang Republik Indonesia Nomor 7 Tahun 2012 Tentang Penanganan Konflik Sosial) -

Adoption: 2012-05-10 | IDN-2012-L-91043

Applies to the resolution of social conflicts covering a wide range of subjects including, inter alia, human rights, family, gender equality, justice related conflicts.

Chapter I - General Provisions
Chapter II - Basics, Purpose and Scope of Application
Chapter III - Conflict Prevention
Chapter IV - Resolving Conflicts
Chapter V - Post-Conflict Rehabilitation
Chapter VI - Conflict Resolution Institutions and Mechanisms
Chapter VII - Role of Society
Chapter VIII - Funding
Chapter IX - Transitional Provisions
Chapter X - Final Provisions

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Minister of Manpower and Transmigration Regulation No. PER.16/MEN/XI/2011 concerning Procedures for the Making and Legalization of Company Regulations and Procedures for the Making and Registration of Collective Labour Agreements. (Peraturan Menteri Tenaga Kerja Dan Transmigrasi Tentang Tata Cara Pembuatan Dan Pengesahan Peraturan Perusahaan Serta Pembuatan Dan Pendaftaran Perjanjian Kerja Bersama.) -

Adoption: 2011-11-17 | IDN-2011-R-91579

Sets out the procedures for making Company Regulations (PP) and Collective Labour Agreements (PKB).

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Minimum Service Standard in Manpower Sector (Regulation of the Minister of Manpower and Transmigration No. PER.15/MEN/X/2010). (Peraturan Menteri Tenaga Kerja Dan Transmigrasi Tentang Standar Pelayanan Minimal Bidang Ketenagakerjaan) -

Adoption: 2010-10-29 | IDN-2010-R-89342

Chapter I - General Provisions
Chapter II - Minimum Service Standard in Manpower Sector
Chapter III - Implementation
Chapter IV - Reporting
Chapter V - monitoring and Evaluation
Chapter VI - Capacity Development
Chapter VII - Fostering and Supervision
Chapter VIII - Financing
Chapter IX - Conclusion

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Regulation on Guidance on the Settlement of Industrial Relationship Disputes through Bipartite Negotiation (Regulation of the Minister of Manpower and Transmigration No. PER.31/MEN/XII/2008). (Peraturan Menteri Tenaga Kerja Dan Transmigrasi Tentang Pedoman Penyelesaian Perselisihan Hubungan Industrial Melalui Perundingan Bipartit) -

Adoption: 2008-12-30 | IDN-2008-R-82499

Provides detailed procedures for undertaking bipartite negotiations in order to settle industrial disputes. It is obligatory to carry out a negotiation prior to resorting to other means (mediation, conciliation or arbitration) (article 2).

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Regulation of the Minister Manpower and Transmigration No. PER.32/XII/2008 Regarding Procedures for the Establishment and Membership of Bipartite Cooperation Institutes. (Peraturan Menteri Tenaga Kerja Dan Transmigrasi Tentang Tata Cara Pembentukan Dan Susunan Keanggotaan Lembaga Kerja Sama Bipartit) -

Adoption: 2008-12-30 | IDN-2008-R-92027

This Regulation implements Art. 106(4) of Act No. 13 of 2003. It regulates the establishing and running procedures of Bipartite Cooperation Institutes (Lembaga Kerja Sama (LKS) Bipartit). The objective of the Institutes is to create a harmonious industrial relations, dynamic and equitable in the company.


Chapter I - General Provisions
Chapter II - Objectives, Functions and Duties
Chapter III - Procedure for Establishment
Chapter IV - Working Procedures
Chapter V - Guidance
Chapter VI - Financing and Reporting
Chapter VII - Final Provisions

Indonesia - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Stipulation of Government Regulation in lieu of Law No. 1/2005 on the postponement of the enforceability of Law No. 2/2004 on industrial dispute settlement as a law (Law No. 2/2005).

Adoption: 2005-08-03 | IDN-2005-M-71895

Stipulates that Law No. 1/2005, previously promulgated as a regulation [see related texts], shall be considered as a law and applicable from the date it was promulgated.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Regulation of the Minister of Manpower and Transmigration No. PER.10/MEN/V/2005 concerning the Appointment and Dismissal of Conciliators and Working Instructions on Conciliation.

Adoption: 2005-05-31 | IDN-2005-R-71351

Implements Arts. 19(1)(i), 28 and 121 of Act No. 2 of 2004.

Indonesia - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Guidelines on the Conduct of Indonesian National Police in Handling Law and Order in Industrial Disputes.

Adoption: 2005-04 | Date of entry into force: 2005-03-24 | IDN-2005-M-71150

Sets out guidelines for the conduct of police in case of a strike, demonstration or company lockout. Regional police offices are to coordinate with unions, employers and other institutions so as to be informed of any strike, lockout or demonstration. In performing their duty to ensure public security and the right of workers to strike etc. the police is to, inter alia, respect human rights, remain impartial, and ensure that all parties are equal before the law. The guidelines also set out the details for police action, the use of equipment and fire arms (the use of life bullets is prohibited) and the accountability of police officers.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Government Regulation in Lieu of Law No. 1/2005 on postponing the effectivity of Law No. 2/2004 on Industrial Relations Dispute Settlement.

Adoption: 2005-01-13 | IDN-2005-R-71235

The Regulation postpones the comming into effect of Act No. 2/2004 from 14 January 2005 to 14 January 2006 as the Act requires the understanding and readiness of facility, infrastructure, and human resources in both the government and court institutions.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Regulation of the Minister of Manpower and Transmigration No. PER.02/MEN/I/2005 concerning the Procedure of Registration, Examination, Sanction Imposition and Revocation for Industrial Relation Arbitrators.

Adoption: 2005-01-13 | IDN-2005-R-71350

Implements Arts. 30(1), 31(2) and 121(2) of Act No. 2 of 2004.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Regulation No. PER-02/MEN/I/2005 on Precedures for Registration, Verification, Imposition and Revocation of Sanctions Against Arbitrators of Industrial Relations.

Adoption: 2005-01-13 | IDN-2005-R-71931

Sets out the requirement to be met by prospective arbitrators, verification of their competencies, and reporting requirments of arbitrators. It also provides for administrative sanctions and dismissal of arbitrators.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Regulation of the Minister of Manpower and Transmigration No. PER.01/MEN/XII/2004 concerning the Selection Procedure of Ad-Hoc Judge Candidates of the Industrial Relations Court and the Supreme Court.

Adoption: 2004-12-28 | IDN-2004-R-71349

Implements Art. 3(6) of Government Regulation No. 41 of 2004.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Contributions of Members of Workers/Labour Unions (Decree No. KEP.187/MEN/X/2004)

Adoption: 2004-10-04 | IDN-2004-R-69968

Concerns the financing of labor unions, federations and confederations. Provides, inter alia, that union contributions may be paid by an employer withholding wages each month and sets forth the procedures to be followed when wages are withheld for this purpose.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Government Regulation No. 41 of 2004 concerning Procedures for the Appointment and Dismissal of Ad-Hoc Judges in the Industrial Relations Court and the Supreme Court.

Adoption: 2004-08-05 | IDN-2004-R-71347

Implements Art. 72 of Act No. 2 of 2004.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Decree of the Minister of Manpower and Transmigration No. Kep.92/MEN/VI/2004 concerning Appointment and Termination of Mediator and Working Procedures of Mediation.

Adoption: 2004-06-09 | IDN-2004-R-71348

Implements Art. 9(g) and Art. 16 of Act No. 2 of 2004. Repeals Decree No. PER-02/MEN/1985 on the Appointment Requirements, Tasks, Domiciles and Authorities of Intermediary Officers.

Indonesia - Freedom of association, collective bargaining and industrial relations - Law, Act

Law No. 2/2004 concerning Industrial Relations Disputes Settlement. (Undang-undang No. 2/2004 tentang Penyelesaian Perselisihan Hubungan Industrial) -

Adoption: 2004-01-14 | Date of entry into force: 2006-01-14 | IDN-2004-L-67355

Comprehensive legislation governing settlement of labour disputes. Part 1 contains general provisions. Law applies to disputes resulting from differences in views between employer or group of employers and (an) employee(s) or labour union over rights, interests, and lay-off, as well as to disputes among labour unions in one company. Establishes that any labour dispute shall first be settled through bipartite negotiations to reach an agreement. Part 2 regulates procedure for settling labour disputes. Contains provisions on settlement of disputes through bipartite negotiations, and on settlement of disputes through mediation.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Decision of the Minister of Manpower and Transmigration No. KEP.232/MEN/2003 concerning the Legal Consequences of Illegal Strikes. (Keputusan Menteri Tenaga Kerja Dan Transmigrasi Republik Indonesia Tentang Akibat Hukum Mogok Kerja Yang Tidak Sah.) -

Adoption: 2003-10-31 | IDN-2003-R-71308

Implements Art. 142 of Act No. 13 of 2003.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

The Decision of the Minister of Manpower and Transmigration No. 16/MEN/2001 Concerning Trade Union/Labor Union.

Adoption: 2001-02-15 | IDN-2001-R-71238

Establishes a registration procedure for trade unions.

Indonesia - Freedom of association, collective bargaining and industrial relations - Law, Act

Law No. 21 of 2000 Concerning Trade Union/Labour Union. (Udang-Udang Nomor 21 Tahun 2000 Tentang Serikat Pekerja/Serikat Buruh) -

Adoption: 2000-08-04 | IDN-2000-L-57553

Comprehensive legislation covering labour relations and trade unions. Chapter 3 addresses union formation, providing every worker with the right to form or become a union member. Chapter 4 governs membership and specifies, inter alia, that unions may not discriminate against potential members on the grounds of political allegiance, religion, ethnicity or sex. Chapter 5 covers notification and recording, obligating newly-established unions to notify the local manpower affairs agency of their creation and the agency, in turn, to issue a record number to the union. Chapter 6 establishes the rights and obligations of unions including, inter alia, rights to negotiate collective agreements, represent workers in industrial dispute settlements, and obligations to defend members from any violations of their rights as well as to improve the welfare of members and their families. Chapter 7 contains a ban on interference with workers' rights to organise and participate in union activities. It also establishes certain issues that all collective agreements must regulate, including the types of trade union activities that may be carried out during working hours. Chapters 8-10 address unions' finances and assets, dispute settlement and dissolution, respectively. Chapters 11 and 12 provide for inspection and investigation, as well as sanctions. Chapter 13 extends the rights of freedom of association and organisation to civil servants.

Indonesia - Freedom of association, collective bargaining and industrial relations - Law, Act

Arbitration and Alternative [Dispute Resolution] (Law No. 30/1999).

Adoption: 1999-08-12 | Date of entry into force: 1999-08-12 | IDN-1999-L-55779

Establishes that the settlement of civil disputes, besides being adjudicated by the public courts, can also be arranged through arbitration and alternative dispute settlement procedures.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Registration of workers organizations (PER-05/MEN/1998).

Adoption: 1998-05-27 | IDN-1998-R-50123

Sets forth the criteria for the registration of workers' organizations and unions of workers associations.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Workers' Union Contribution Fees (PER-04/MEN/1996).

Adoption: 1996-05-29 | Date of entry into force: 1996-06-01 | IDN-1996-R-44888

Provides regulations governing the collection of union fees.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Decree of the Minister of Manpower No. PER01/MEN/1994 concerning the establishment of a trade union at the enterprise level.

Adoption: 1994-01-17 | Date of entry into force: 1994-01-17 | IDN-1994-R-38334

Sets out the goals of trade unions at the enterprise level, which are to improve workers' skills and to improve their well-being and that of their families; to create job security and to ensure the continued existence of the enterprise; and to increase the productivity of workers. Such trade unions can be established where 25 or more workers are employed, and their duties shall involve initiating activities intended to enhance worker productivity and well-being in the enterprise, negotiating with entrepreneurs to determine terms of employment, providing entrepreneurs with written statements regarding matters not dealt with under rules, and representing workers in discussions with entrepreneurs in the event that a dispute should occur. Members and executive members must be Indonesian citizens, and more than 50 of currently employed workers of an enterprise must approve establishment of the trade union.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Decree of the Minister of Manpower No. KEP.15A/MEN concerning guidelines for the settlement of industrial relations disputes and terminations of employment at the enterprise and mediation levels.

Adoption: 1994-01-04 | IDN-1994-R-38333

Provides that the settlement of complaints (before transformation into industrial relations disputes and severance of working relations) may be conducted at the corporate level through bipartite consultation to achieve consensus among workers themselves, or through their superiors and employers. A settlement may also be conducted through board executives of trade unions registered at the Ministry of Manpower or other labour organizations. Employers and workers have an obligation to strive to prevent complaints from turning into disputes. Includes provisions on procedures to be followed for the settlement of industrial relations disputes and severance of working relations.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Regulation of the Ministry of Manpower on the Registration of Workers' Organizations (PER-03/MEN/1993).

Adoption: 1993-02-20 | IDN-1993-R-49374

Provides for the registration of trade unions and trade union federations. Repeals Ministry of Manpower Regulations Per-05/MEN/1987.

Indonesia - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Decree of the Minister of Manpower No. Kep-438/MEN/1992 regarding guidelines for the establishment and building of a worker union in a company.

Adoption: 1992-10-08 | IDN-1992-M-50060

Provides guidelines on the establishment of a trade union.

Indonesia - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Decision of the Minister of Manpower KEP-120/MEN/1988 on providing a Code of Conduct for the prevention and settlement of industrial disputes.

Adoption: 1988-01-13 | IDN-1988-M-50061

Provides a code for the amicable resolution of labour disputes. Part C provides for freedom of association and collective agreements. Also provides for arbitration, mediation, and descriptions of attitudes both employers and employees should develop.

Indonesia - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Decision of the Minister of Manpower on a Manual for the establishment, maintaining relationship and development of a labour union within the company (KEP-1109/MEN/1986).

Adoption: 1986-10-30 | IDN-1986-M-49705

Indonesia - Freedom of association, collective bargaining and industrial relations - Law, Act

Law on Social Organisations (No. 8 of 1985). -

Adoption: 1985-06-17 | Date of entry into force: 1985-06-17 | IDN-1985-L-46783

Requires all social organizations, including trade unions, to have as their sole principle "Pancasila", the principle of life of society, nation and state. Chapter VII allows the government to suspend or dissolve an organization if it undertakes activities which disrupt public order or security, or if it adheres to the doctrines of Communism.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Regulation of the Minister of Manpower No. PER-01/MEN/1985 on the implementation of drawing-up procedures for collective labour agreements.

Adoption: 1985-01-25 | IDN-1985-R-5421

Guidelines for collective agreements' contents and deliberation procedures.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Regulations No. 02/MEN/1981 of the Minister of Manpower and Transmigration on the Procedure for reporting industrial relations in undertakings.

Adoption: 1981-10-05 | IDN-1981-R-5271

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Decision No. 169/MEN/1981 of the Minister of Manpower and Transmigration on the specification of types of undertakings which are obliged to report on industrial relations in phases.

Adoption: 1981-10-05 | IDN-1981-R-5272

Indonesia - Freedom of association, collective bargaining and industrial relations - Law, Act

Law No. 7 of 1981 on the obligatory report of industrial relations in undertakings [with elucidation].

Adoption: 1981-07-31 | IDN-1981-L-5270

Requires every employer or manpower to report any establishment, discontinuance, resumption, removal or liquidation of an undertaking. Repeals Act No. 23 of 1953 on the same topic.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Regulation No. PER-02/MEN/1978 of the Minister of Manpower, Transmigration and Cooperatives concerning company regulations and negotiations on the drafting of collective labour agreements [with elucidation].

Adoption: 1978-03-03 | IDN-1978-R-5307

Inter alia, requires employers of 20 or more employees to draw up company regulations, following consultation with the employees. A company regulation may not alter a collective agreement.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Decision No. KEP-19/MEN/1978 of the Minister of Manpower and Transmigration and Cooperatives on labour relations as a consequence of termination of foreign activities in the field of commerce.

Adoption: 1978-01-27 | IDN-1978-R-5277

Indonesia - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Ministerial Regulation No. PER-01/MEN/1975 on the regislation of labour organisations.

Adoption: 1975-10-25 | IDN-1975-M-5273

Lays down the conditions for registration; registered bodies are required to report any changes in their basic documents, place of establishment, etc. Revokes Ministerial Regulation No. 90 of 1955.

Indonesia - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Regulation No. 1/Perat of 1969 of the Minister of Manpower concerning foreign assistance for workers' organisations in Indonesia.

Adoption: 1969-12-12 | IDN-1969-M-5274

Calls for informing the Minister of Manpower of any foreign assistance received by a labour organisation.

Indonesia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Presidential Decree No. 123 of 1963 on the prevention of strikes and/or lock-outs in vital companies, public enterprises and institutions.

Adoption: 1963 | IDN-1963-R-5260

In annexes, lists the companies to which the Decree applies.