Summary
Indonesia has ratified the International Labour Organization (“ILO”) Convention No. 111 on Discrimination in Respect of Employment and Occupation through Law No. 21 of 1999 (“Law 21/1999”), thereby reinforcing its commitment to the principles of equality and non-discrimination in the workplace. Pursuant to this ratification, Indonesia recognizes and prohibits any distinction, exclusion, or preference on the basis of race, skin-colour, sex, religion, political opinion, national extraction, or social origin that results in nullifying or impairing equality of opportunity or treatment in employment or occupation.
Moreover, every manpower shall have equal opportunity without discrimination to obtain employment (Article 5 of Manpower Law). The elucidation of this article further clarifies that every individual has the right to obtain a decent livelihood and employment without discrimination based on gender, ethnicity, race, religion, political affiliation, or disability status, provided that such employment aligns with their interests and capabilities. Every worker/labourer shall have the right to receive equal treatment without discrimination from the employer (Article 6 of Manpower Law). The elucidation reinforces this by requiring employers to ensure equality in granting workers’ rights and obligations, irrespective of gender, ethnicity, race, religion, skin colour, or political affiliation.
Together, Articles 5 and 6 of Manpower Law establish the foundational framework for anti-discrimination principles in Indonesia’s labour system, ensuring that all workers are treated fairly and equally. Employers are, therefore, obligated to maintain an inclusive and non-discriminatory work environment, consistent with Indonesia’s broader commitment to human rights and decent work standards.
Recently, MoM reaffirmed the prohibition of discrimination, particularly in the employee recruitment process, through Circular Letter No. M/6/HK.04/V/2025. The Circular emphasizes that employers cannot engage in any form of discrimination on any basis during the recruitment process. Furthermore, the stipulation of age requirements may only be applied under specific circumstances, namely: (a) for positions whose nature or characteristics objectively affect an individual’s ability to perform the job; and/or (b) provided that such requirements do not result in the loss or reduction of employment opportunities for applicants.
Extent of Protection
Employers are strictly prohibited from terminating employees on the grounds of differences in beliefs, religion, political affiliation, ethnicity, skin colour, social class, gender, physical condition, or marital status, as well as on the basis of an employee’s permanent disability, illness resulting from a workplace accident, or an illness related to the employment relationship, for which the recovery period cannot yet be determined according to a medical certificate (Article 153 (1) points I and j of Manpower Law). Such protection extends beyond non-discrimination, wherein it includes safeguards against retaliatory or victimising actions that may arise when employees assert their statutory rights, such as filing complaints, participating in union activities, or seeking remedies for workplace injustices.
Protections Against Harassment
While Indonesian employment laws do not explicitly regulate harassment in the workplace, the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana or “KUHP”) imposes criminal sanctions for acts of sexual harassment or indecent conduct committed by individuals in positions of authority. The offense is punishable by imprisonment for up to 7 years and applies to:
- Any official who commits an indecent act with a subordinate or with a person whose care or supervision has been entrusted to them; and
- Any administrator, doctor, teacher, employee, supervisor, or attendant in a prison, state workplace, educational institution, orphanage, hospital, mental health facility, or social institution who commits an indecent act with a person admitted to such facility.
(Article 294 paragraph (2) of KUHP)
Furthermore, the new KUHP, which will be effective in 2026, strengthens this provision by increasing the maximum penalty to 12 years of imprisonment for the same circumstances described above. (Article 418 paragraph (2) of New KUHP)
In addition, Law No. 12 of 2022 on the Crime of Sexual Violence (Tindak Pidana Kekerasan Seksual or “TPKS”) (“Law 12/2022” or “TPKS Law”) establishes a comprehensive legal framework to prevent, address, and punish various forms of sexual violence. Under this law, criminal acts include, among others, rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, and other comparable forms of sexual violence.
Employer’s Obligation to Provide Reasonable Accommodations
Under Article 80 of Manpower Law, employers are expressly required to provide employees with sufficient opportunity to perform the religious obligations mandated by their faith. In practice, this obligation may include allowing prayer breaks, adjusting work schedules during religious observances (such as Ramadan), or providing suitable facilities for worship within the workplace.
In addition, Indonesia recognizes limited affirmative action obligations. Article 53 of Law No. 8 of 2016 on Persons with Disabilities (“Law No. 8/2016”) mandates that employers allocate, at least, 1% of their total employees for persons with disabilities. Employers are also obliged to provide reasonable accommodation to support disabled persons to participate in employment (Article 50 paragraph 2 Law No. 8/2016).
Remedies
Individuals subjected to discrimination, harassment, or related retaliation have access to multiple avenues of redress, including:
- Administrative sanctions up to revocation of business license;
- Criminal remedies, under TPKS Law and Indonesian Criminal Code in the form of imprisonment.
