Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 7 of the Convention. Light work. The Committee previously noted that section 69(1) of the Manpower Act allows the employment of children between 13–15 years of age for light work as long as the job does not stunt or disrupt their physical, mental and social development. Section 69(2) of the Manpower Act further provides that entrepreneurs who employ children in light work may not require them to work longer than three hours a day, may only engage children during the day without disturbing their schooling and must meet their occupational safety and health requirements. However, the Committee also noted the information in Indonesia Child Labour Survey (2009) that approximately 52 per cent of working children aged 13–14 years engaged in work that did not constitute light work, amounting to approximately 321,200 children of light work age performing non-light work activities. The Committee requested information on measures taken to ensure that children aged 13–14 are only engaged in light work activities.

The Committee notes the Government’s statement that labour inspectors have conducted coaching for enterprises to enforce section 69(2) of the Manpower Act. The Government also indicates that if enterprises employ children under the ages of 13 and 14 in difficult labour, the inspector will provide a memorandum of inspection in order to provide guidance to the enterprise. If the enterprise ignores this guidance several times, the Government indicates that the inspection will be followed by the initiation of a court case by the Civilian Investigators of the State (Penyidik Pegawai Negeri Sipil). Taking due note of the information provided, the Committee requests the Government to continue to provide information on measures taken to enforce section 69(2) of the Manpower Act, including information on any violations detected, prosecutions initiated, convictions or penalties imposed related to the employment of children aged 13 and 14 in non light work activities.

Article 9(3). Keeping of registers. In its previous comments, the Committee noted that there appeared to be no provisions in the Manpower Act prescribing that a register be kept and made available by the employer, as required by Article 9(3) of the Convention. However, the Government indicated that the labour inspectorate ensures that employers keep registers of children employed for developing their talents and interests. In this regard, the Committee noted that, pursuant to section 6 of Decision No. Kep 115/Men/VII/2004, an entrepreneur who employs children for developing their talents and interests must submit the prescribed report form. However, the Committee observed that Decision No. Kep-115/Men/VII/2004 appeared to regulate solely the participation of children in artistic activities, such as art shows and television broadcasts, and did not apply to all working children.

The Committee notes the copy of the report form prescribed under Decision No. Kep-115/Men/VII/2004, determining the protection for children performing work for developing their talents and interests, submitted with the Government’s report. It notes that the prescribed report form (to be submitted by all entrepreneurs who employ children for developing their talents and interest) includes the name of the child, their date and place of birth, their address, the date they were hired, in addition to the company’s location where the children are employed. The Committee requests the Government to provide information on whether Decision No. Kep 115/Men/VII/2004 applies to all employers who engage a child in an economic activity, or only to those employers who engage children for the purposes of artistic performances and similar activities.