Undang-undang nomor 13 tahun 2003

Summary

The Indonesian law No. 13 of 2003 on labor outlines comprehensive regulations for employment, covering 193 articles across 18 chapters. It defines labor, employment relationships, and the rights and obligations of workers and employers. The law addresses work agreements, worker protection, child labor prohibitions, and equal opportunities without discrimination. It mandates fair wages, safety standards, and social security for workers, emphasizing the importance of tripartite cooperation between government, employers, and workers to foster a productive and healthy work environment.

Takeaways

• 📜 The Indonesian Manpower Law, enacted in 2003, consists of 193 articles divided into 18 chapters, covering general provisions about employment and labor relations.
• 👷‍♂️ 'Tenaga Kerja' refers to individuals capable of working, while 'Pekerja' or 'Buruh' are those who are actually employed and receive wages or other forms of compensation.
• 🤝 'Pemberi Kerja' is an individual or legal entity that hires workers and pays wages or compensation, which could be private or state-owned enterprises.
• 📝 Employment agreements are contracts between workers and employers outlining the terms of employment, rights, and obligations of both parties.
• 🏢 'Peraturan Perusahaan' are written regulations by employers that include work conditions and company rules to be followed by all company components.
• 🤝 'Serikat Pekerja' are free, open, democratic, and responsible labor organizations formed by and for workers to protect their rights and interests.
• 🤝 'Lembaga Kerjasama Bipartit' and 'Tripartit' are forums for communication and consultation on industrial relations within a company and on broader labor issues, respectively.
• 💰 'Upah' is the compensation workers receive from employers based on employment agreements, including wages and allowances for workers and their families.
• 🌐 Labor development in Indonesia is based on Pancasila and the 1945 Constitution, aiming to empower and optimally utilize human resources for national development.
• 🚫 The law prohibits child labor in harmful forms of work, forced labor, prostitution, pornography, and the production or trade of hard drugs, ensuring the protection of children's rights.

Q & A

What does the term 'Ketenagakerjaan' refer to in the context of the Indonesian legislation?

Ketenagakerjaan refers to all matters related to labor, including before, during, and after employment, and any activities related to labor.

What is the difference between 'Tenaga Kerja' and 'Pekerja/Buruh' as per the Indonesian labor law?

Tenaga Kerja refers to any person capable of performing work, while Pekerja/Buruh is a person who is already employed and receives wages or other forms of compensation.

What is the role of a 'Pemberi Kerja' as defined in the Indonesian labor law?

A Pemberi Kerja is an individual or legal entity that employs workers and pays wages or other forms of compensation.

What is a 'Perjanjian Kerja' and what does it typically include?

A Perjanjian Kerja is a labor contract between a worker and an employer that includes terms of employment, rights, and obligations of each party.

What is the purpose of 'Lembaga Kerjasama Bipartit' and 'Lembaga Kerjasama Tripartit' in the Indonesian labor context?

Lembaga Kerjasama Bipartit is a forum for communication and consultation between employers and registered labor unions on industrial relations within a company. Lembaga Kerjasama Tripartit is a forum for communication, consultation, and deliberation on labor issues, involving employers, labor unions, and government representatives.

What are the key components of 'Upah dan Kesejahteraan Pekerja' as mentioned in the Indonesian labor law?

Upah refers to the compensation received by workers as per an employment agreement, while Kesejahteraan Pekerja includes the fulfillment of workers' physical and spiritual needs, both inside and outside the workplace, to enhance productivity and safety.

How does the Indonesian labor law ensure equal opportunities and non-discrimination in employment?

The law mandates that every worker has the same opportunity without discrimination to obtain employment and that every worker has the right to equal treatment from employers, regardless of their background.

What are the regulations concerning the employment of foreign workers in Indonesia?

Foreign workers must have a written permit from the Minister or designated official, and there are specific restrictions on the positions and duration of employment for foreign workers as outlined in the law.

What are the conditions under which an employer is required to pay wages even if the worker does not perform their work?

An employer must pay wages in cases such as when a worker is sick, a female worker is on her first or second day of menstruation, a worker is on leave due to marriage, childbirth, or mourning a family member's death, or when a worker is fulfilling national duties or religious obligations.

What is the minimum wage structure as per the Indonesian labor law?

The minimum wage is determined based on the cost of living, productivity, and economic growth, and it varies by province or municipality. It consists of a base wage and fixed allowances, with the base wage making up at least 75% of the total wage.

What are the provisions for 'Cuti dan Waktu Istirahat' (leave and rest time) for workers in Indonesia?

Workers are entitled to a minimum of 12 days of annual leave after one year of continuous service, and additional provisions for long service leave, maternity leave, and rest periods during and after work.