PRESIDEN

REPUBLIK INDONESIA
EXPLANATION
ON
CONSTITUTION REPUBLIC INDONESIA
NUMBER 13 YEAR 2003
ABOUT EMPLOYMENT

I. GENERAL
Development employment as part integral from development national based on
Pancasila and the Constitution of the Republic of Indonesia In 1945, it was
implemented in the framework of the complete development of Indonesian people
And development public Indonesia completely For increase dignity, dignity and self-
respect of the workforce as well as creating a prosperous, just, prosperous, And
equally, Good material nor spiritual.
Development employment must arranged like that appearance so that fulfilled
rights And protection Which fundamental for power Work And workers/laborers as
well as on moment Which simultaneously can realize condition Which conducive for
world development business.
Employment development have many dimensions And linkages. This
relationship is not only with the interests of the workforce during, before and after
after period Work but Also linkages with interest businessman, government, and
society. For this reason, thorough and comprehensive arrangements are needed
comprehensive, between other covers development resource man, increasing the
productivity and competitiveness of the Indonesian workforce, expansion efforts
chance Work, service placement power Work, And coaching connection industrial.
Coaching connection industrial as part from development employment must be
directed to continue to realize good industrial relations harmonious, dynamic and fair.
For this reason, recognition and appreciation for right basic man as Which poured in
TAP MPR Number XVII/MPR/1998 must be realized. In the field of employment,
MPR Decree This is milestone main in straighten up democracy in place Work.
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Enforcement democracy in place Work expected can push participation Which

optimal efforts from all Indonesian workers and workers/laborers to develop the country
Indonesia Which aspired to.
A number of regulation legislation about employment Which applies during this
time, including some which are colonial products, placing workers in a disadvantageous
position in labor placement services and industrial relations system Which highlighting
differences in position and interests so that deemed no longer appropriate with need
present time and demands period Which will come.
Regulation legislation the is:
- Ordinance on the Mobilization of Indonesians to Do Work Outside Indonesia
(Staatsblad year 1887 No. 8);
- Ordinance dated 17 December 1925 Regulations on Restrictions on Child Labor and
Work Evening for Woman (Staatsblad Year 1925 Number 647);
- Ordinance of 1926 Regulations Concerning the Work of Children and Young People
Above Boat (Staatsblad Year 1926 Number 87);
- Ordinance of 4 May 1936 concerning Ordinance to Regulate Activities Look for
Candidate Worker (Staatsblad Year 1936 Number 208);
- Ordinance about Return Laborer Which Accepted or Deployed From Outside
Indonesia (Staatsblad Year 1939 Number 545);
- Ordinance Number 9 of 1949 concerning Restrictions on Children's Work (Staatsblad
Year 1949 Number 8);
- Law Number 1 of 1951 concerning Statement of the Applicability of Laws Work year
1948 Number 12 from Republic Indonesia For Entire Indonesia (Sheet Country Year
1951 Number 2);
- Law Number 21 of 1954 concerning Labor Agreements between Unions Workers and
Employers (State Gazette of 1954 Number 69, Additional Gazette Country Number
598 a);
- Law Number 3 of 1958 concerning the Placement of Foreign Workers (Gazette
Country Year 1958 Number 8);
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- Law Number 8 of 1961 concerning Compulsory Graduate Work (State Gazette Year
1961 Number 207, Addition Sheet Country Number 2270);
- Law Number 7 Pnps of 1963 concerning Prevention of Strikes and/or Closing (Lock
Out) In Company, Department And Body Which Vital (Sheet Country Year 1963
Number 67);
- Law Number 14 of 1969 concerning Basic Provisions regarding Labor (State Gazette
1969 Number 55, Supplement to the State Gazette Number 2912);
- Law Number 25 of 1997 concerning Employment (State Gazette Year 1997 Number
73, Addition Sheet Country Number 3702);
- Law Number 11 of 1998 concerning Changes to the Applicability of Laws Number 25
Year 1997 about Employment (Sheet Country Year 1998 Number 184, Addition Sheet
Country Number 3791); And
- Constitution Number 28 Year 2000 about Determination Regulation Government
Replacement of Law Number 3 of 2000 concerning Amendments to Laws Law
Number 11 of 1998 concerning Amendments to the Application of Law Number 25 of
1997 concerning Employment Becomes Law (State Gazette Year 2000 Number 240,
Addition Sheet Country Number 4042).
- The above statutory regulations are deemed necessary to be revoked and replaced by a
new law. Provisions that are still relevant from the old laws and regulations contained
in this Law. The implementing regulations of the repealed law still remain in effect
before he determined regulation new as replacement.
This law is in addition to repealing provisions that are no longer in accordance with
demands and developments of the times, also intended to accommodate changes very
fundamental in all aspects of life Indonesian nation with the beginning of the era reform
year 1998.
In field employment international, award to right basic man in place Work known through
8 (eight) convention base International Labor Organization (ILO). Convention base This
consists on 4 (four) group that is:
- Freedom of Association (Convention ILO Number 87 And Number 98);
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- Discrimination (Convention ILO Number 100 and Number 111);

- Work Force (Convention ILO Number 29 And Number 105); And
- Protection Child (Convention ILO Number 138 And Number 182 ).
Commitment nation Indonesia to award on right basic man in place Work between
other realized with ratify eighth convention base the. In line with the ratification of the
convention regarding basic rights, the Law This structured employment must also reflect
obedience and respect on seventh principle base the.
Constitution this is between other load:
- Base, principle, and goals employment development;
- Energy planning Work And information employment;
- Giving opportunity and treatment the same for power work and workers/laborers;
- Training Work Which directed For increase And develop skills and expertise of
the workforce to increase work productivity and productivity company.
- Labor placement services in order to utilize labor effectively optimal and placement of
workers in jobs that are in accordance with dignity and Human dignity as a form of
government and community responsibility in effort expansion chance Work;
- Use labor foreign Which exactly right with competence Which necessary;
- The development of industrial relations in accordance with Pancasila values is directed
For develop connection Which harmonious, dynamic, And fair between the
perpetrators process production;
- Institutional development and industrial relations facilities, including work agreements
joint, bipartite cooperation institutions, tripartite cooperation institutions, correctional
institutions connection industrial And solution dispute connection industrial;

- Protection of workers/laborers, including protection of the basic rights of

workers/laborers to negotiate with employers, protection of occupational safety and
health, protection special for workers/laborers Woman, child, And disabled person
disabled, as well as protection about wages, well-being, And guarantee social power
Work;
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- Supervision employment with Meaning so that in regulation legislation invitation in

field employment This truly held as it should.

II. CHAPTER BY CHAPTER

Chapter 1
Enough clear

Chapter 2
Employment development is carried out in the context of human development
Indonesia as a whole. Therefore, employment development is carried out For
realize man And public Indonesia Which prosperous, fair, prosperous, And equally
Good material nor spiritual.

Chapter 3
Principle development employment on basically in accordance with principle
national development, especially the democratic principles of Pancasila and the
principles of justice and justice equally. Development employment have Lots
dimensions And linkages with various party that is between government,
businessman And workers/laborers. Therefore, employment development is carried
out sequentially integrated in form Work The same Which each other support.

Article 4
Letters a
Empowerment And utilization power Work is something activity integrated to
be able to provide the widest possible employment opportunities for power
Work Indonesia. Through empowerment And utilization This expected power
Work Indonesia can participate in a way optimal in
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Development National, However with still uphold values his humanity.

Letter b
Equalization chance Work must attempted in all over region Country Unity
Republic Indonesia as One unity market Work with provide equal opportunities
to obtain employment for all power Work Indonesia in accordance with talent,
interest, And his abilities. Thereby also equality placement power Work
need attempted so that can fill in need in all over sector And area.

Letter c
Quite clear
Letter d
Enough clear

Chapter 5
Every workforce has the same rights and opportunities to earn job and livelihood
who are eligible regardless of gender, tribe, race, religion, and political trend
according to the interests and capabilities of the workforce which concerned,
including treatment which same against Para incumbent handicapped.

Article 6
Employers must provide the rights and obligations of workers/laborers
without differentiate type sex, ethnic group, race, religion, skin color,
and Genre political.
Chapter 7
Paragraph (1)
Planning power Work Which arranged And set by government carried out
through national, regional and workforce planning approaches sectoral.
Paragraph (2)
Letter a
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Which intended with planning power Work macro is process preparation

plan employment in a way systematic Which load optimal and productive
utilization of labor to support economic or social growth, whether
nationally, regionally or sectoral so that can open chance Work as wide as
possible, increase productivity Work And increase well-being
workers/laborers.
Letter b
Which intended with planning power Work micro is process preparing a
systematic employment plan in an agency, Good agency government nor
private in frame increase optimal and productive utilization of labor to
support achievement performance Which tall on agency or company Which
concerned.
Paragraph (3)
Enough clear

Chapter 8
Paragraph (1)
Information employment collected And processed in accordance with Meaning
preparation of national workforce planning, regional workforce planning
province or district/city.

Sentence (2)
In frame development employment, participation private expected can give
information about employment. Understanding private includes companies,
universities and non-governmental organizations in center, province or
district/city.
Paragraph (3)
Enough clear
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Chapter 9
Which intended with enhancement well-being in chapter This is welfare for
the workforce that is obtained due to the fulfillment of competencies Work through
training Work.

Chapter 10
Paragraph (1)
Quite clear
Paragraph (2)
Determination of work competency standards is carried out by the
Minister with include sector related.
Paragraph (3)
Level training Work on generally consists on level base, skilled, And expert.
Paragraph (4)
Enough clear

Chapter 11
Enough clear

Chapter 12
Paragraph (1)
Users of skilled labor are entrepreneurs, therefore entrepreneurs responsible
answer stage training Work For increase competence his workers.
Paragraph (2)
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Competency improvement and/or development is mandatory for entrepreneurs

Because company Which will obtain benefit results competence
workers/laborers.
Paragraph (3)
Implementation of job training is tailored to needs and opportunities Which
There is in company so that No bother smoothness activity company.

Chapter 13
Paragraph (1)
Which intended with training Work private Also including training Work
company.
Paragraph (2)
Quite clear
Paragraph (3)
Enough clear

Chapter 14
Paragraph (1)
Quite clear
Paragraph (2)
Enough clear

Paragraph (3)
Registration of training activities organized by government agencies intended
For get information so that results training, means And infrastructure
training can useful And successful in a way optimal.
Paragraph (4)
Enough clear
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Chapter 15
Enough clear

Chapter 16
Enough clear

Chapter 17
Enough clear

Chapter 18
Paragraph (1)
Quite clear
Paragraph (2)
Certification competence is process giving certificate competence Which
carried out systematically and objectively through a reference competency test
to standard competence national and/or international.
Paragraph (3)
Quite clear
Paragraph (4)
Quite clear
Paragraph (5)
Enough clear

Chapter 19
Enough clear

Chapter 20
Paragraph (1)
The national job training system is the linkage and integration of various
element training Work Which between other covers participant, cost, means,
And infrastructure, power coaching, program And method, as well as graduate
of. With
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the existence of a national job training system, all training elements and
resources national work spread across government agencies, private sectors and
companies can utilized optimally.
Paragraph (2)
Enough clear

Chapter 21
Enough clear

Chapter 22
Paragraph (1)
Quite clear
Paragraph (2)
Right participant apprenticeship between other obtain Money pocket
and/or Money transport, obtain guarantee social power Work, obtain certificate
if you pass at the end of the program. Entrepreneurs' rights include the right to
profits apprenticeship participants' work/services, recruiting apprentices as
workers/laborers if fulfil condition. Obligation participant apprenticeship
between other obey agreement apprenticeship, follow system orderly program
apprenticeship, And follow system orderly company. As for obligation
businessman between other provide Money pocket and/or Money transport for
participant apprenticeship, provide facility training, provide instructor, And
equipment safety And health Work.
Period time apprenticeship varies in accordance with period time Which
necessary to achieve the competency standards set out in the program training
apprenticeship.
Paragraph (3)
With the status as a worker/laborer in the company concerned, then has the
right to all matters regulated in company regulations or agreements Work
together.

Chapter 23
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Certification can done by institution certification Which formed and/or accredited

by the government if the program is general in nature, or conducted by company
Which concerned when the program nature special.

Chapter 24
Enough clear

Chapter 25
Enough clear

Chapter 26
Enough clear

Chapter 27
Paragraph (1)
Quite clear
Paragraph (2)
What is meant by company interests in this paragraph is that guaranteed
availability of skilled and expert personnel at a certain level of competency like
interpreter welding specialist in water.

Which intended with interest public for example For open chance for public
utilise industry Which nature Specific such as plant cultivation technology
using tissue culture. What is meant is with the interests of the state, for example
to save the country's foreign exchange, then company required carry out
program apprenticeship like skill make tools agriculture modern.

Chapter 28
Enough clear
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Chapter 29
Enough clear

Chapter 30
Enough clear

Chapter 31
Enough clear

Chapter 32
Paragraph (1)
What is meant by open is providing information to searchers work clearly,
including the type of work, the amount of wages, and working hours. Matter
This required For protect workers/laborers as well as For avoid happen dispute
after power work is placed.
Which intended with free is searcher Work free choose type work And giver
Work free choose power Work, so that No justified searcher Work forced to
For accept something work And giver workers are not justified in being forced
to accept the labor offered. Which intended with objective is giver Work so that
offer work Which suitable to searcher Work in accordance with his abilities
And condition position Which needed, as well as must notice interest general
without favoring the interests of certain parties. Which intended with
fair And equivalent is placement power Work done based on ability power
Work And No based on race, type sex, color skin, religion, And Genre
political.
Sentence (2)
Pretty clear
Sentence (3)
Equalization chance Work must attempted in the whole region Country
Republic Indonesia as One unity market Work national with
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provide equal opportunities to obtain employment for all workforce according

to their talents, interests and abilities. As well as Equality of employment
opportunities needs to be sought in order to fill needs power Work in all over
sector And area.

Chapter 33
Enough clear

Chapter 34
Before Constitution about placement power Work in outside country invited so all
regulation legislation Which arrange placement power Work in outside country
still applies.

Chapter 35
Paragraph (1)
Which intended giver work is giver Work in in country.
Paragraph (2)
Quite clear
Paragraph (3)
Enough clear

Chapter 36
Enough clear

Article 37
Sentence (1)
Letters a
Determination agency government Which responsible answer in field
employment in level center And area determined in accordance with
regulation legislation Which applies.
Letter b
Enough clear
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Paragraph (2)
Enough clear

Chapter 38
Enough clear

Chapter 39
Enough clear

Chapter 40
Enough clear

Chapter 41
Because efforts to expand employment opportunities cover cross-sectoral areas,
they must drafting national policies in all sectors that can absorb labor in a way
optimal.
So that policy national the can held with Good, so government and society
together supervise him closely coordinated.

Article 42
Sentence (1)
Necessity giving permission use power Work inhabitant country foreign It is
intended that the use of foreign national workers be implemented in a way
selective in frame utilization power Work Indonesia in a way optimal.
Paragraph (2)
Quite clear
Paragraph (3)
Quite clear
Paragraph (4)
Quite clear
Paragraph (5)
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Quite clear
Paragraph (6)
Enough clear

Chapter 43
Paragraph (1)
The plan to use foreign national workers is a requirement For get permission
work (IKTA).
Paragraph (2)
Quite clear
Paragraph (3)
What is meant by international bodies in this paragraph are bodies international
organization that does not seek profit like the institutions under its auspices
lower United Nations (UN) between other ILO, WHO, or UNICEF.
Paragraph (4)
Enough clear

Chapter 44
Paragraph (1)
Which intended with standard competence is qualification Which must owned
by power Work inhabitant country foreign between other knowledge, skill,
skills in field certain, and understanding Indonesian culture.
Sentence (2)
Enough clear

Article 45
Sentence (1)
Letters a
Power Work companion power Work foreign No in a way automatic
replace or occupy position power Work foreign Which accompanied him.
Accompaniment the more emphasized on switch
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technology and transfer of skills so that the accompanying workforce can

has the capability so that in time it is hoped that it will be able to replace it
power foreign work Which accompanied him.
Letter b
Education And training Work by giver Work the can implemented well in
domestic nor with send power Work Indonesia For train in overseas.
Paragraph (2)
Enough clear

Chapter 46
Enough clear

Chapter 47
Paragraph (1)
Obligation pay compensation intended in frame support effort enhancement
quality source Power man Indonesia.
Paragraph (2)
Quite clear
Paragraph (3)
Quite clear
Paragraph (4)
Enough clear

Chapter 48
Enough clear

Chapter 49
Enough clear

Chapter 50
Enough clear
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Chapter 51
Paragraph (1)
In principle, work agreements are made in writing, but based on the conditions
public Which diverse possible agreement Work in a way oral.
Paragraph (2)
Agreement Work Which required in a way written must in accordance with
applicable laws and regulations, including time work agreements certain,
interwork interregional, interwork between countries, And agreement Work
sea.

Chapter 52
Paragraph (1)
Letter a
Quite clear
Letter b
What is meant by ability or skill is the parties who capable or capable
according to law to enter into an agreement. Share energy Work child, who
signed agreement is person old or his guardian.
Letter c
Quite clear
Letter d
Quite clear
Paragraph (2)
Quite clear
Paragraph (3)
Enough clear

Chapter 53
Quite clear

Chapter 54
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Paragraph (1)
Quite clear
Paragraph (2)
What is meant by not contradicting in this verse is when in the company there
are company regulations or joint working agreements, then content agreement
work good quality as well as quantity no can more lower than company
regulations or collective work agreements in the company which concerned.
Paragraph (3)
Enough clear

Chapter 55
Enough clear

Chapter 56
Enough clear

Chapter 57
Enough clear

Chapter 58
Enough clear

Chapter 59
Paragraph (1)
The work agreement in this paragraph is registered with the responsible agency
in the field employment.
Paragraph (2)
What is meant by permanent employment in this paragraph is: work Which its
nature Keep going continuous, No intermittent, No limited time and is part of a
production process in a company or work Which No seasonal.
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Non-seasonal work is work that is not dependent on the weather or something

condition certain.
If the work is continuous, uninterrupted work disconnected, not limited by
time, and is part of a production process, but depends weather or work That
needed Because exists something certain conditions then the work is seasonal
work does not include permanent work so it can be the object of a work
agreement time certain.
Paragraph (3)
Quite clear
Paragraph (4)
Quite clear
Paragraph (5)
Quite clear
Paragraph (6)
Quite clear
Paragraph (7)
Quite clear
Paragraph (8)
Enough clear

Chapter 60
Paragraph (1)
Condition period test Work must be included in agreement Work. If the
employment agreement is made verbally, then the probationary period is
required work must be notified to the worker concerned and included in the
appointment letter. In case it is not stated in the employment agreement or in
the letter of appointment, the provisions of the work probation period are
considered No There is.
Paragraph (2)
Enough clear
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Chapter 61
Paragraph (1)
Letter a
Quite clear
Letter b
Quite clear
Letter c
Quite clear
Letter d
Circumstances or incident certain like disaster natural, unrest social, or
disturbance security.
Paragraph (2)
Quite clear
Paragraph (3)
Quite clear
Paragraph (4)
Quite clear
Paragraph (5)
What is meant are rights in accordance with applicable legislation or rights that
have been regulated in work agreements, company regulations, or collective
work agreement are rights that must be given more Good And profitable
workers/laborers Which concerned.

Chapter 62
Enough clear

Chapter 63
Enough clear

Chapter 64
Enough clear
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Chapter 65
Enough clear

Chapter 66
Paragraph (1)
In work related to main business activities or activities Which relate direct with
process production, businessman only allowed employ workers/laborers with
agreement Work time certain and/or agreement work time is not specified.
What is meant by supporting service activities or unrelated activities directly
related to the production process are activities related outside the main business
(corebusiness) of a company. These activities include:
cleaning service businesses, business provision food for workers/laborers
catering, business power safety (security/unit security), business service
support in mining And petroleum, as well as business provision transport
workers/laborers.
Paragraph (2)
Letter a
Quite clear
Letter b
Quite clear
Letter c
Protection wages And well-being, terms Work nor solution dispute between
provider service power Work with workers/laborers must in accordance
with regulation legislation Which applies.
Workers/laborers who work for companies providing worker/labor services
obtain right (Which The same) in accordance with agreement Work,
regulation company, or agreement Work together on protection wages And
well-being, terms Work, as well as dispute Which arise with
workers/laborers other in company user service workers/laborers.
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Letter d
Quite clear
Paragraph (3)
Quite clear
Paragraph (4)
Enough clear

Chapter 67
Paragraph (1)
Protection as meant in sentence this for example preparation accessibility,
provision of work tools, and adapted personal protective equipment by type and
degree his disability.
Sentence (2)
Enough clear

Article 68
Enough clear

Chapter 69
Enough clear

Chapter 70
Enough clear

Chapter 71
Paragraph (1)
Provision in paragraph This intended For protect child so that development of
children's talents and interests that generally emerge at this age No hampered.
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Paragraph (2)
Quite clear
Paragraph (3)
Enough clear

Chapter 72
Enough clear

Chapter 73
Enough clear

Chapter 74
Enough clear

Chapter 75
Paragraph (1)
Handling of children who work outside the employment relationship is
intended to eliminating or reducing children who work outside the employment
relationship. These efforts must be carried out in a planned, integrated and
coordinated manner with agency related.
Children who work outside the employment relationship, for example children
who shine shoes or child seller newspaper.
Paragraph (2)
Enough clear

Chapter 76
Paragraph (1)
The person responsible for violating this paragraph is the entrepreneur. If The
female workers/laborers referred to in this paragraph are employed by: 23.00 to
07.00 then the person is responsible for violation the is businessman.
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Paragraph (2)
Quite clear
Paragraph (3)
Quite clear
Paragraph (4)
Quite clear
Paragraph (5)
Enough clear

Chapter 77
Paragraph (1)
Quite clear
Paragraph (2)
Quite clear
Paragraph (3)
What is meant by a particular business sector or job in this paragraph is for
example work in drilling oil free beach, driver transport distance Far, flight
long distance, work in boat (sea), or logging forest.
Sentence (4)
Enough clear

Article 78
Sentence (1)
Hiring more from time Work as far as possible Possible must avoided because
workers/laborers must have sufficient time to rest and restore fitness. However,
in certain cases there is a need Which urge Which must resolved quick And No
can avoided so that workers/laborers must Work exceed time Work.
Paragraph (2)
Quite clear
Paragraph (3)
Enough clear
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