Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Indonesia (Ratification: 1950)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In its previous comments, the Committee requested the Government to provide information on the implementation of Law No. 40 of 2004 on the National Social Security System and Law No. 24 of 2011 on the Social Security Provider. The Committee notes with interest that the Government refers in its report to the adoption of a number of Regulations by the Minister of Manpower in 2015. It notes in particular Regulation No. 16 on the Procedures of the Foreign Workers Employment which requires the employment of foreign workers to fulfil several requirements, including, among others, having proof of insurance policy from an Indonesian legal insurance company, as well as national social insurance membership for foreign workers who worked for more than six months. It also notes Regulation No. 44 which states that foreigners working in Indonesia for a minimum of 6 (six) months shall be participants of the social security program at the Employment Social Security Provider. Furthermore, Regulation No. 16 in conjunction with Regulation No. 35, article 36, paragraph (1), point (f), require foreign workers to join the Workers’ Insurance Programme. The Committee notes the Government’s statement that the above provisions ensure that foreign workers who work in Indonesia as well as their dependants (families) are guaranteed to have the same rights as local workers.

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

Article 1(1) of the Convention. Equality of treatment. In reply to the issues raised by the Committee in its previous comments, the Government indicates that since the adoption of Act No. 40 of 2004 on the National Social Security System (SJSN) and Act No. 24 of 2011 on the Social Security Agency, national and foreign workers are treated equally, including in respect of work accident insurance. Consequently, the implementation of Act No. 3 of 1992, as well as of Ministerial Decree No. KEP-132/MEN/1998 and Regulation of Minister of Manpower and Transmigration No. Per. 02/Men/XII/2004, will be adjusted accordingly. The Government further stresses that Indonesia is party to the UN Convention on the Protection of the Rights of All Migrant Workers and Members of their Families since the promulgation of Act No. 6 of 2012, and Article 27(1) of the UN Convention also guarantees equal treatment between foreign and national workers in work accident insurance. While it welcomes the fact that the SJSN Act does not discriminate between national and foreign workers in respect of employment injuries, the Committee understands that all implementing regulations have not yet been adopted, including those in respect of employment injuries. Until then, the previous legislation remains applicable and continues to exempt employers from the obligation to insure expatriates working in Indonesia for Indonesian companies against employment injuries through the social security scheme (Ministerial Decree No. KEP-132/MEN/1998). In these circumstances and pending the adoption of the SJSN’s implementing regulations, the Committee invites the Government to consider issuing the necessary instructions so as to ensure in practice that expatriate workers working in Indonesia, as well as their dependants, enjoy equal rights with national workers in respect of compensation for employment injuries. The Committee would appreciate receiving in the Government’s next report updated information on the progress achieved in the implementation of the SJSN Act of 2004.

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

The Committee notes the information provided by the Government in its report and wishes to draw its attention to the following points.

Article 1, paragraph 1, of the Convention. Equality of treatment. The Committee notes that, following the repeal of Ministerial Regulation No. INS-02/MEN/1995 by Ministerial Decree No. KEP-132/MEN/1998, employers are no longer required to insure expatriates working in Indonesia for Indonesian companies through the social security scheme governed by Act No. 3/1992. In its report, the Government states that this decision was taken on account of the fact that these workers are insured against industrial accidents in their country of origin and are required to present, on their arrival in Indonesia, an original certificate showing that they benefit from the same social security coverage as that guaranteed by Act No. 3/1992 concerning employees’ social security. The Government also states that these expatriate workers nonetheless have the possibility of being covered voluntarily by the Indonesian social security system for workers, governed by the above Act. While taking due note of this information, the Committee recalls that the Convention authorizes coverage by social security schemes of the State of origin only with respect to workers employed temporarily or intermittently where special agreements have been concluded with the countries concerned to this end. Workers employed otherwise than temporarily and intermittently as well as their dependants must, when they originate from countries party to the Convention, necessarily be treated in the same manner as national workers and benefit from compulsory and not voluntary, affiliation to social security. The Committee, therefore, asks the Government to indicate the measures taken or envisaged in order to ensure equality of treatment in case of occupational accidents and to give full effect to the Convention. It would also appreciate receiving copies of the special agreements concluded with countries party to the present Convention providing for the application of the legislation of the State of origin as regards accident compensation.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes the reports provided by the Government. It notes that, following the repeal of Ministerial Regulations No. INS-02/MEN/1995 by Ministerial Decree No. KEP-132/MEN/1998, employers are no longer required to insure expatriates through the social security scheme. The Committee would be grateful if the Government would specify the meaning of the term "expatriate" in the national legislation and indicate whether it includes foreign workers.

2. Article 1, paragraph 2, of the Convention. The Committee notes that the Government’s report does not contain the information requested earlier with regard to the absence in the legislation of provisions respecting the payment of benefits to victims of employment accidents, or their dependants, in the event of their residence abroad or the transfer of their residence abroad. The Committee is therefore once again bound to express the hope that the Government will provide any relevant information on this matter. It would also be grateful if the Government would indicate any laws, regulations or administrative measures relating to the payment of benefits to victims of employment accidents or their dependants in the event of residence abroad - for both national and foreign workers - and also provide information on any special arrangements that may have been made with other States concerned.

Furthermore, the Committee notes the Government’s statement that it has no information at this stage on the number of foreign workers employed in Indonesia who have been victims of employment accidents, as the statistics currently available only indicate the total number of employment accidents, without distinguishing between the nationality of the workers. It trusts that the Government will soon be able to provide this information, in accordance with Part V of the report form.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Article 1, paragraph 2, of the Convention. The Committee notes the Government’s confirmation that Act No. 3 of 1992 on employees’ social security covers all employees without distinction as to their nationality, thereby providing the same treatment in respect of employment accident and occupational disease compensation. The Committee had nevertheless noted in its previous comments that neither the legislation nor the Government referred to the payment of compensation owed to injured workmen or to their dependants in the event of residence abroad or the transfer of their residence abroad. As the Government has not provided any information on this subject in its report, the Committee once again requests it to provide all relevant information in this respect. It would also be grateful if the Government would indicate, where appropriate, the relevant legislative, regulatory or administrative provisions respecting the payment of compensation owed to injured workmen or their dependants in the event of residence abroad, for both national workers and foreign workers, and also provide information on any specific arrangements which may have been concluded with other States concerned.

Furthermore, the Committee requests the Government to provide information on the application of the Convention in practice and, if such statistics are available, information concerning the number of foreign workers employed in Indonesia, their nationality, the number and nature of the accidents reported in their case, etc., in accordance with Part V of the report form.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Article 1, paragraph 2, of the Convention. The Committee has noted the information provided by the Government, in particular that relating to the adoption of Act No. 3 of 17 February 1992, concerning the employees' social security scheme. The Committee observes that the scope of this Act extends to all employees irrespective of their nationality. Pursuant to section 8 of the Act in question, employees are entitled to compensation for the occupational accidents and diseases to which they may fall victim. In addition, in accordance with the Act, Ministerial Instruction No. 02/MEN/1995 obliges employers to insure foreign workers under the social security scheme.

The Committee notes, however, that neither the Government's report nor the legislation refers to the payment of compensation owing to injured workmen or to their dependants in case of residence or transfer of residence abroad. The Committee would be grateful if the Government would provide, in its next report, all the relevant information both for national workers and for foreigners, and indicate where necessary the relevant legislative, regulatory or administrative provisions, together with any particular agreements which may have been concluded with other States concerned.

In addition, the Committee would like the Government to provide information on the application in practice of the Convention, in particular statistics, in accordance with point V of the report form adopted by the Governing Body.