Updates on New Guidelines concerning Sexual Harassment within the Indonesian Workplace
27 July 2023
27 July 2023
The Ministry of Manpower of Indonesia ("MOM") has issued new and updated procedures governing the manner in which sexual harassment within the workplace is to be handled.
On 29 May 2023, the MOM issued 2023 Guidelines that update the 2011 Guidelines and provide the protocol for Indonesian companies and/or employers when handling reports and cases of sexual harassment within the workplace.
The 2023 Guidelines introduced new requirements for companies and/or employers, including obligations imposed on companies and/or employers to:
(i) establish a sexual harassment prevention task force; and
(ii) provide compensation to victims of sexual harassment that are under their scope of supervision.
In addition, the 2023 Guidelines also provide requirements concerning digital sexual harassment and violence.
Previously, the provisions concerning sexual harassment and violence in the workplace were relatively insignificant. The Law No. 13 of 2003 on Manpower (as amended) and Law No. 12 of 2022 on Sexual Violence Crime do not specifically define conduct that is considered sexual harassment or violence, nor do these regulations specifically discuss the prevention of such conduct within the workplace.
The 2023 Guidelines is an implementing regulation to both the Indonesian Manpower Law and Sexual Violence Law, which provides guidelines for the prevention and handling of sexual harassment and violence within the workplace.
The 2023 Guidelines cover sexual harassment and sexual violence. These terms are differentiated as follows:
Any unwelcome sexual advances, requests for sexual favours, verbal or physical conduct or gestures of a sexual nature or any other conduct of a sexual nature that makes a person feel offended, humiliated, and/or intimidated.
Any act that degrades, humiliates, harasses, and/or attacks a person's body and/or reproductive function, due to unequal power relations and/or gender, which results in psychological and/or physical suffering.
Pursuant to the 2023 Guidelines, every company must establish a sexual harassment prevention task force consisting of at least 3 (three) members (head of task force, secretary, and member of task force). This task force shall be responsible for the following:
Victims of workplace sexual harassment/violence is entitled for a certain amends from the company and/or employer in which such victim is under their scope of supervision.
Such amends includes the following:
Pursuant to the 2023 Guidelines, the perpetrators of workplace sexual violence may be subject to sanctions in the following forms, notwithstanding the victim's rights to also file police/criminal report:
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
Readers should take legal advice before applying it to specific issues or transactions.