Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Indonesia (Ratification: 1998)

The Committee takes note of the observations of the International Trade Union Confederation (ITUC) dated 1 September 2017 and the Confederation of Indonesian Trade Unions (KSPI) and the Indonesia Trade Union Prosperity (KSBSI) dated 30 August 2017 and the Government’s replies thereon. The Committee further notes the Government’s detailed reply to the 2016 ITUC observations, as well as to the 2016 observations from the International Organisation of Employers (IOE) and the Indonesian Chamber of Commerce and Industry (APINDO).

Trade union rights and civil liberties. The Committee recalls that its previous comments concerned police inaction in relation to violence during a demonstration in Bekasi in 2013. While observing the KSPI and KSBSI statement that it had not received a copy of the police investigation report, the Committee notes the Government’s reply that the report had been submitted to the complainant.

The Committee previously noted the recommendation of the direct contacts mission (DCM), which visited the country in October 2016, that the 2005 Police Guidelines on the conduct of police in handling law and order in industrial disputes be used as a basis for full consultations with all stakeholders, led by the Ministry of Manpower, in order to disseminate information on the Guidelines, ensure their implementation and consider their review. The Committee notes that the KSPI and the KSBSI complain that the Government has yet to take any initiative in this regard, while the Government indicates that it has disseminated information about the Guidelines to trade unions, employers’ associations and local government. The Committee requests the Government to engage in tripartite discussion on the most effective manner of ensuring the effective implementation of a code of conduct for workers’ demonstrations and industrial action and to provide information on the progress made in this regard.

As regards the Committee’s previous requests to the Government to take the necessary measures to repeal or amend sections 160 and 335 of the Penal Code, respectively on “instigation” and “unpleasant acts” against employers, the Committee notes from the Government’s report that the Bill on the Penal Code is currently under discussion in the House of Representatives. It further notes, however, the concerns raised by the KSPI and the KSBSI as to the continuing vague drafting of these provisions and the absence of tripartite consultation in this regard. In addition, the Committee notes that the KSPI and KSBSI provide an example of two federation leaders who were charged in June 2017 under these sections for questioning management policy, while the Government replies that this case was settled by the Provincial Manpower Office. The Committee expects that the clarifications necessary to ensure that these sections are not applied to abstract trade union activities will be made without delay, and again requests the Government to provide a copy of the revised Penal Code once it is adopted.

Article 2 of the Convention. Right to organize of civil servants. In its previous comments, the Committee requested the Government to guarantee the freedom of association of civil servants, pursuant to section 44 of Act No. 21 of 2000 concerning trade unions, through issuing the implementing regulations called for in the Act. The Committee notes the Government’s indication that Law No. 5 of 2014 on State Civil Servants, which stipulates that the civil servants organization is the Professional Corps of Indonesian State Civil Apparatuses (KPPASN), will be further promulgated in the implementing government regulation that is still being discussed through coordination meetings with the Ministry of State Apparatus Reform. The Government further expresses its gratitude for the offer of ILO technical assistance in this regard. The Committee underlines once again the importance of giving effect to the right of all civil servants to form and join the organization of their own choosing, and trusts that the implementing regulations under the 2000 Act will be adopted in the near future, taking advantage of the technical assistance that the Office may provide.

Article 3. Right of workers’ organizations to organize their activities. The Committee recalls its previous comments concerned a number of requirements in relation to the exercise of the right to strike and requested the Government to provide statistics on the number of interest disputes referred to conciliation, mediation and arbitration without the consent of the parties. The Committee notes the information provided by the Government that there were 100 reported interest disputes as of June and that these were resolved through mediation with the average period taken corresponding to that provided in Act No. 2. The Committee requests the Government to continue to provide information on the number of interest disputes referred to conciliation and mediation and in particular to specify the number of interest disputes referred to the industrial court for a final determination without the consent of both parties and any relevant information on the circumstances of such cases.

The Committee further observes that the KSPI and the KSBSI continue to raise concerns about Presidential Decree No. 63 of 2004 on the security of national vital objects and Ministry of Industry Decree No. 466/2014 which enable companies or industrial areas to request assistance from the police and the military in the event of disruption and threat to national vital objects in their jurisdiction. The Committee notes the Government’s reiteration that these safeguards are not intended to restrict the exercise of freedom of association and that the placement of police aims to ensure protection and provide services to maintain security and public order and enable workers and employers to exercise their right to strike, demonstrate or lockout legally and peacefully. Observing that the KSPI and the KSBSI claim that these Decrees are used in practice to suppress the exercise of freedom of association and refer to examples in this regard, the Committee invites the Government to discuss the effect of these decrees within the framework of the National Tripartite Council and to provide information on the outcome.

Article 4. Dissolution and suspension of organizations by the administrative authority. In its previous comments, the Committee requested the Government to provide information on any measures taken to ensure that unions may not be dissolved or suspended simply due to delays in informing of constitutional changes or foreign aid, as well as on any use of this authority. The Committee welcomes the Government’s indication that delays taken for the notification of constitutional changes or receipt of foreign aid will not result in the dissolution of trade unions, and requests the Government to inform the Committee if section 42 should be used in conjunction with sections 21 and 31 for the dissolution of a union in the future.