Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Age Convention, 1973 (No. 138) - Indonesia (Ratification: 1999)

The Committee notes the Government’s report. It requests it to supply further information on the following points.

Article 3, paragraphs 1 and 2, of the Convention. Minimum age for admission to, and determination of, hazardous work. With reference to its previous comments, the Committee notes with interest that section 2 of “Decision No. Kep-235/Men/2003 concerning the types of work harmful to the health, safety and morals of children”, supplied by the Government, provides that “children under 18 (eighteen) years of age shall be prohibited from taking up a job and/or being employed in a job that jeopardizes the children’s health, safety or morals”. It also notes that the Attachment to Decision No. Kep-235/Men/2003 contains a comprehensive list of types of work that endanger the health, safety, and morals of children under 18 years including: work related to machines, engines, installations and other equipment; work involving physical hazards (such as underground work, work at dangerous heights, work at extreme temperatures, work in contact with radioactive material); work involving chemical hazards; work involving biological hazards; work subject to certain hazardous nature and conditions (such as construction work, carrying weights, work on board ships, night work); work harming the morals of children (such as work in bars and discotheques and work linked to the promotion of alcoholic drinks or drugs).

Article 7. Light work. The Committee had previously noted the Government’s statement that ongoing discussions were being held regarding the criteria for the types of light work activities that may be performed by children aged between 13 and 15 years. The Committee notes the Government’s information that, currently, the Government of Indonesia is still undertaking discussions with the various stakeholders in determining the types of work which can be performed by children aged 13–15 years. It requests the Government to keep it informed on any progress made towards the adoption of a regulation determining light work activities which may be performed by children between 13 and 15 years of age.

Article 8. Artistic performances. The Committee notes with interest that Decision No. Kep-115/Men/VII/2004, supplied by the Government, establishes the conditions under which children may be employed for developing talents and interests. In particular, section 15 of this Decision establishes some conditions for the employment of children under 15 years of age: obligation of a written agreement; assignment to be undertaken outside school hours; maximum working period of three hours a day and 12 hours a week; respect of occupational safety and health regulations. According to section 6 of the same Decision, an employer who employs children aged under 15 years for developing their talents and interests shall submit to the authorized manpower institution a “report” form which includes information on the child, his/her parents or guardians, employment date, type of job and number of working hours. The Committee takes due note of this information.

Article 9, paragraph 3. Keeping of registers. In its previous comments, the Committee had noted that there is no provision in the Manpower Act or in any other available legislation prescribing that a register be kept and made available by the employer. It notes the Government’s information that the labour inspectorate ensures that employers keep registers of children employed for developing their talents and interests. The Committee requests the Government to indicate whether – apart from the case of employers who employ children for developing their talents and interests – registers are kept by employers containing the names and ages or dates of birth, duly certified wherever possible, of persons whom they employ or who work for them and who are less than 18 years of age. If so, the Committee requests the Government to provide a copy of the register form. If not, it requests the Government to take the necessary measures to ensure that every employer, regardless of the number of the persons he/she employs and of the type of work, keeps a register indicating the name and age or date of birth, duly certified whenever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the Convention is applied through: mapping child labour in cooperation with the Central Bureau of Statistics (BPS); establishing programmes aimed at preventing and combating child labour; raising awareness on the harmful effects of employing children; performing inspections on child labour; handling all cases found during inspection. However, the Committee notes the absence of statistical information on the employment of children and young persons under 15 years of age. The Committee therefore requests the Government to provide statistical data on the employment of children and young persons, extracts from the reports of inspection services, information on the number and nature of contraventions reported, and penalties applied.