Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Indonesia (Ratification: 1990)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the International Trade Union Confederation (ITUC) and the Government’s response thereto, received on 6 September and 2 December 2021, respectively.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the information provided by the Government regarding the procedures followed to ensure effective tripartite consultations for the purposes of the Convention. In this respect, the Government refers to the Tripartite Cooperation Institution (TCI), a tripartite body responsible for providing advisory support to the Government with respect to employment issues. The Government adds that the TCI holds plenary sessions several times per year. The Committee notes the information provided by the Government on the content of the tripartite consultations carried out between 2018 and 2021 within the TCI. Tripartite consultations were held with regard to the annual preparation of reports under article 22 of the ILO Constitution on ratified Conventions and reports under article 19 of the ILO Constitution concerning unratified Conventions and Recommendations to which effect has not yet been given. In addition, tripartite consultations were held on the working methods of the TCI and matters related to national employment, including on the draft Bill on the Protection of Domestic Workers and measures implemented to address the impact of the COVID-19 pandemic on employment. The Committee nevertheless observes that information has not been provided on tripartite consultations held regarding questionnaires on items on the agenda of the Conference, the proposals to be made in connection with the submission of the instruments adopted by the Conference to the House of People’s Representatives, and the re-examination of unratified ILO Conventions, as well as proposals for the denunciation of ratified Conventions. Finally, the Committee notes the observations of the ITUC, which denounces that workers’ organizations were not consulted with regard to the adoption of the Job Creation Law No. 11 of 2020 (Omnibus Law). The ITUC points out that the taskforce established to develop the Omnibus Law only included Government’s and employers’ representatives. It claims that the formulation and adoption of the Omnibus Law therefore contravenes the Convention and impairs the right of workers to freedom of association and the right to organize and bargain collectively. In its response, the Government indicates that the Omnibus Law does not contravene the Convention, as it does not modify Chapter XI of Law No. 13 of 2003 concerning Manpower, which regulates industrial relations, including the right of workers to form trade unions and to participate in the TCI. The Committee recalls that, while the Convention requires effective tripartite consultations on matters related to international labour standards as stipulated in Article 5(1), broader tripartite consultation and social dialogue provide a solid foundation for the formulation and implementation of effective measures through a process in which the tripartite constituents may exchange views. The Committee further recalls that the active engagement and meaningful participation in decision-making of the social partners (…) can help to build a climate of trust and ensure the development, adoption, implementation and review of measures that are both evidence- and consensus-based and promote increased ownership among the tripartite partners (Addendum to the 2020 General Survey on employment, p. 151). The Committee requests the Government to continue providing information on the content and outcome of tripartite consultations held on all matters covered by Article 5(1) of the Convention, including the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); the proposals to be made to the competent authorities upon the submission of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be made on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

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

Article 5 of the Convention. Effective tripartite consultations. In response to the Committee’s previous comments, the Government indicates that it continues to conduct tripartite consultations on matters related to international labour standards in accordance with the Convention. It reports that tripartite consultations were conducted with respect to discussing and formulating its report on ratified Conventions in 2017; submission of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), to the Indonesian House of Representatives (DPR-RI); formulating the submission of the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205) to the DPR-RI; discussing and preparing responses to the ILO questionnaire on violence and harassment in the world of work and preparing position papers in relation to each of the International Labour Conference (ILC) agendas. The Government indicates that, in addition to consultations regarding matters stipulated under Article 5 of the Convention, consultations were also held with regards to discussing government policy to accommodate the interests of all parties. It adds that it continues to push forward social dialogue in tripartite and tripartite-plus institutions, as well as in formal and informal forums. The Government indicates that Indonesia has established several forms of tripartite institutions, such as the Tripartite Cooperation Institution, the Wage Council, the National Social Security Council, the Social Security Operator Agency, the Productivity and Training Institution, the Occupational Safety and Health Council, and the Industrial Relations Court. It adds that, through the National Tripartite Cooperation Institution, which consists of employer organizations, trade unions and the Government, it has also conducted consultations regarding other labour matters. The Committee requests the Government to provide information regarding the manner in which consultations are conducted. It also requests the Government to continue to provide updated detailed information concerning the frequency, content and outcome of tripartite discussions held on matters related to international labour standards under Article 5(1) of the Convention, particularly relating to the questionnaires on the Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)). The Committee requests the Government to continue to include information on the nature of any reports or recommendations made as a result of the consultations.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that tripartite consultations on matters listed in Article 5(1) of the Convention have been implemented. It adds that tripartite consultations were held to discuss various issues of employment in order to obtain suggestions and feedback from employers’ and workers’ organizations. The Committee notes in this regard that consultations were held in connection with the submission of the Social Protection Floors Recommendation, 2012 (No. 202), the Protocol of 2014 to the Forced Labour Convention, 1930, and the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203). It also notes that consultations were held concerning Recommendations and ratified and unratified Conventions. The Committee requests the Government to continue to provide information on the consultations held on each of the matters concerning international labour standards, as required by the Convention. It also requests the Government to include information on the nature of any reports or recommendations made as a result of the consultations.

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

Tripartite consultations required by the Convention. The Committee notes the information provided by the Government in August 2012. The Government indicates that, to date, national tripartite consultations have been effective. In application of Article 5(1) of the Convention, the Government reports that it is conducting tripartite consultations with the most representative organizations of employers and workers with respect to the replies to questionnaires concerning items on the agenda of the Conference, the annual reporting on the application of ratified and unratified Conventions, and the submission of new international labour standards adopted by the Conference to the House of Representatives. However, the Government indicates that not all issues regarding international labour standards are discussed at the National Tripartite Cooperation Institution given the amount of priority issues and matters to discuss in the field of manpower. Nevertheless, there are always consultations between the Government and employers’ and workers’ organizations at the national level, which are mostly members of the National Tripartite Cooperation Institution. The Committee invites the Government to include in its next report detailed information on the effective consultations held on each of the matters listed in Article 5(1) of the Convention, including information on the nature of any reports or recommendations made as a result of the consultations.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Tripartite consultations required by the Convention. The Committee notes the information provided by the Government in August 2011 to its 2009 observation. The Government indicates that the National Tripartite Cooperation Institution in Indonesia has conducted consultations regarding international labour standards which resulted in the signing of the Indonesian Jobs Pact 2011–14 (IJP) in April 2011. The Government also intends to discuss the comments made by the Committee of Experts regarding the Trade Union/Labour Union Act (Law No. 21 of 2000) regarding the application of Conventions Nos 87 and 98. The Committee notes with interest that the IJP is a commitment by government, employers and workers representatives based on the Decent Work Agenda and the 2008 Social Justice Declaration. The four pillars of the Organization are the basis for its implementation, as part of the effort to achieve the Millennium Development Goals by Indonesia. Under the IJP, the social partners intend to strengthen the National Tripartite Institution (LKS Tripnas) and the regional tripartite institutions by holding regular workshops/seminars at the national, provincial, and district/city level involving appropriate resource persons from the constituents and independent experts. The Committee expresses its hope that as part of the progress made under the IJP, the Government will be in a position to provide in its next report on Convention No. 144 detailed information to demonstrate how the tripartite consultations on international labour standards required by the Convention are actually held in practice. The Committee once again requests the Government to report on the effective consultations held by the National Tripartite Cooperation Institution as required by Article 5(1) of the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Tripartite consultations required by the Convention and technical assistance from the Office. The Committee notes the information contained in the Government’s report received in October 2009 in reply to its previous observation. The Government indicates that Government Regulation No. 46/2008, amending Regulation No. 8/2005, provides that the composition of the Tripartite Cooperation Institution (LKS) will consist of an equal number of members representing the Government, workers and employers. Furthermore, under the new regulation, the education requirement of members was modified from holding a university degree to a senior high school degree. The Committee also notes the LKS activities in 2008 and 2009 include social dialogue and consultation at the provincial level, discussions concerning the global economic crisis, and an audience with the President of the Republic of Indonesia and the Parliament. In view of the information received, the Committee wishes to draw the Government’s attention to the possibility of seeking the Office’s technical assistance in order to provide detailed information of such a nature as to demonstrate that the tripartite consultations on international labour standards required by the Convention are actually held in practice. The Committee once again refers to its previous observations and asks the Government to report on the effective consultations held by the LKS as required by Article 5(1) of the Convention.

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

1. Tripartite consultations required by the Convention. In its 2005 observation, the Committee requested information on the activities in relation to the matters covered by the Convention of the Tripartite Cooperation Institution (LKS), established based on Government Regulation No. 8 of 2 March 2005 and other tripartite bodies. In its reply, received in August 2007, the Government indicates that Government Regulation No. 8/2005 established the minimum requirements for membership of the LKS. The Government indicates, however, that the composition of the tripartite body has proved difficult to constitute, as obstacles are faced in finding workers’ representatives to participate in the national tripartite consultative body, which were eligible, further to the requirements established by the aforementioned regulation. In this light, the Government indicates that it has set up a new provisional tripartite consultative body which functions as a normal institution but has had limited discussions.

2. The Committee understands that the LKS has not been functioning efficiently and the new ad hoc tripartite body has been established in January 2007 in order to review Government Regulation No. 8 of 2005. The Committee hopes that the Government and the social partners will make appropriate arrangements to ensure “effective consultations” between social partners on the matters covered by the Convention (Article 5, paragraph 1, of the Convention) to the satisfaction of all the parties concerned. It refers to its previous comments and asks the Government to provide more specific and detailed information on the measures taken to ensure effective tripartite consultations on international labour standards, including further information on the consultations held on international labour standards during the period covered by the next report, specifying their subject and frequency and the nature of reports or recommendations resulting from such consultations.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Tripartite consultations required by the Convention. In its report received in September 2005, the Government indicates that a tripartite cooperative body (LKS Tripartit) was established by Governmental Regulation No. 8/2005, composed of representatives of the government, workers and employers. This tripartite cooperative body shall be established at national, provincial and municipal levels. The Committee takes due note of this information. With reference to its previous comments, the Committee noted the establishment of a tripartite committee for ILO matters under Ministerial Decree No. 92/Men/2003. The Committee would appreciate receiving more details on the activities of these two bodies - the LKS Tripartit and the tripartite committee for ILO matters - on the matters covered by the Convention, including data on the "effective consultations" held in order to enable employers’ and workers’ organizations to comment usefully on all the matters listed in Article 5, paragraph 1, of the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Tripartite consultations required by the Convention. In reply to the 2001 observation, the Government reports that it noted the Committee’s comment with regard to Articles 1 and 3 of the Convention. The Committee referred to the issue of representativeness and to the obstacles encountered in promoting the tripartite consultations covered by the Convention. The Government further indicates that a tripartite committee for ILO matters was established under the Ministerial Decree No. 92/Men/2003. That tripartite committee is now responsible for several matters covered by the Convention and conducts a plenary meeting at least once a year or at any time if its regarded necessary. The Committee hopes that in its next report, the Government will describe in detail the functioning of the tripartite committee for ILO matters in order to ensure effective consultations with respect to all the matters covered by Article 5, paragraph 1, of the Convention.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. Articles 1 and 3 of the Convention. In its latest report, the Government indicates that the main problem that Indonesia has to address related to the Convention is how to accommodate the newly established unions in the tripartite bodies at different levels and especially at the national level. There are a growing number of trade unions, and at least 50 of them claim to be representing the national federation of unions. A number of meetings, including seminars and workshops, were held in order to find a solution on how to set up a mechanism that would satisfy all parties. A workshop held on April 2001 established the requirements that representative organizations have to fill in order to be represented at the different levels. The Committee notes that, according to the report, workers’ organizations are still not able to elect representatives among themselves in spite of the efforts made by the Government to provide the opportunity for workers’ organizations to discuss the problem of representation. It notes the Government’s request for assistance from the Office to help it find a solution to the current problem, which is considered to be a priority and a strategic issue for the Government, and hopes that the technical assistance provided by the Office will allow the Government to progress in this matter. It recalls that the requirement of representation on an equal footing of workers’ and employers’ organizations, set out in Article 3, paragraph 2, of the Convention, is intended rather to ensure substantially equal representation of the respective interests of employers and workers and should not be interpreted as imposing strict numerical equality.

2. Article 5, paragraph 1. In relation to its previous comments the Committee notes that the latest report does not contain the information requested since 1993 on the consultations held on the matters covered by Article 5, paragraph 1, of the Convention. It once again asks the Government to describe in detail in its next report the consultations held on the matters covered by Article 5, paragraph 1, and to indicate the nature of all the resulting reports or recommendations.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report, which provides some information in reply to its 1997 direct request. It also notes the observations of the Federation of All Indonesian Trade Unions on the application of the Convention, and the comments made by the Government in reply.

The Committee notes, according to the information provided in the report, that consultations on the matters covered by the Convention are held within the national tripartite cooperation body or on the occasion of ad hoc meetings. The Government adds in very general terms that the consultations have covered the matters set out in points (a) to (d) of Article 5, paragraph 1, of the Convention. Since 1993, the Committee has been noting in its comments that the Government has been providing highly inadequate information on the consultations to which it refers. The Committee once again requests the Government to describe in greater detail in future reports the consultations held on the matters covered by Article 5, paragraph 1, and to indicate the nature of all the resulting reports or recommendations, as required by the report form on this Article.

In its communication, the Federation of All Indonesian Trade Unions regrets that the number of participants in the tripartite consultations always results in the Government enjoying a preponderant position. Furthermore, the Federation deplores the fact that the power of decision within the national tripartite cooperation body lies exclusively with the Government. As the Committee recalled in its most recent General Survey on the Convention and on Recommendation No. 152, the Convention does not require any proportionality of representation of the Government, employers and workers on the body in which consultations are held (paragraph 47). The requirement of representation on an equal footing set out in Article 3, paragraph 2, of the Convention is intended rather to ensure substantially equal representation of the respective interests of employers and of workers and should not be interpreted as imposing strict numerical equality. What is important is that equal weight should be given to the opinions expressed. Furthermore, the Committee recalls that the consultations, which must be effective under the terms of Article 2, paragraph 1, of the Convention, do not require a government which holds them in good faith to be bound by the opinions expressed, since it remains entirely responsible for the final decision (paragraph 29). However, it is important for the organizations consulted to be able to express their opinion before the decision is finalized.

In view of the above considerations, the Committee asks the Government to provide a report containing information of such a nature as to demonstrate that the consultations required by the Convention are actually held in practice. In this respect, it wishes to draw the Government's attention to the possibility of seeking the technical assistance of the ILO.

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

The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes that the Government has sent, in reply to its previous comments, a copy of Ministerial Order No. KEP-98/MEN/1994 relating to the national tripartite cooperation body. It notes, however, that this text does not grant any specific competence on matters relating to ILO activities. It would be grateful if the Government would indicate in what way this body intervenes, if necessary, in the framework of consultation procedures provided for in the Convention.

In this respect, the Committee reminds the Government that it asked it, in its direct request of 1993, to supply information on the consultations held regarding each of the matters set out in Article 5, paragraph 1, of the Convention and to specify the nature of any reports or recommendations resulting from these consultations which, under paragraph 2, shall be undertaken at least once a year. It also requested the Government to indicate whether an annual report on the working of the consultation procedures had been prepared or was planned in application of Article 6.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government has sent, in reply to its previous comments, a copy of Ministerial Order No. KEP-98/MEN/1994 relating to the national tripartite cooperation body. It notes, however, that this text does not grant any specific competence on matters relating to ILO activities. It would be grateful if the Government would indicate in what way this body intervenes, if necessary, in the framework of consultation procedures provided for in the Convention.

In this respect, the Committee reminds the Government that it asked it, in its direct request of 1993, to supply information on the consultations held regarding each of the matters set out in Article 5, paragraph 1, of the Convention and to specify the nature of any reports or recommendations resulting from these consultations which, under paragraph 2, shall be undertaken at least once a year. It also requested the Government to indicate whether an annual report on the working of the consultation procedures had been prepared or was planned in application of Article 6.

The Committee trusts that the Government will not fail to provide this information in its next report.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the first report of the Government.

The Committee asks the Government to provide precise and complete information on the consultations held during the period covered by the next report, on each of the questions set out in Article 5, paragraph 1, of the Convention, and to indicate the nature of all reports or recommendations made as a result of the consultations.

The Committee requests the Government to indicate whether an annual report on the working of the consultation procedures has been drawn up or will be drawn up, in accordance with Article 6 of the Convention.