Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

In its previous comments, the Committee requested the Government to provide its comments on the allegations of the International Trade Union Confederation (ITUC) that Act No. 11 of 2020 restricts the right to strike as it grants police officers significant discretion to imprison or fine trade union members for participating in or inviting others to participate in lawful strike action, and to provide information on the revision of this law and its regulations. The Committee notes the Government’s response that Act No. 11 of 2020, or the Omnibus Act on Job Creation (Omnibus Act), was amended by Act No. 6 of 2023, and that it does not include the regulation of strikes. The Committee further notes the Government’s indication that strikes and trade union demonstrations are regulated by Act No. 13 of 2003 on Manpower, Act No. 9 of 1998 on the freedom of public expression of opinion and Regulation No. 1 of 2005 of the Chief of the Indonesian National Police concerning guidelines on the conduct of the Indonesian National Police in handling law and order in industrial disputes, which the Committee examines below.

Trade union rights and civil liberties. The Committee noted with concern the ITUC allegation of acts of police violence (including the use of water cannons and teargas resulting in the injury of 32 members of the Federation of Indonesia Metalworkers in Bekasi) and arrests made (of 183 workers in South Sumatra, 200 workers in Jakarta and a further 10 workers for striking outside working hours) in connection with a strike action by more than a million workers against the Omnibus Act. Recalling that in cases of strikes, the authorities should only resort to the use of force in exceptional circumstances and in situations of gravity where there is a serious threat of public disorder, and that such use of force must be proportionate to the circumstances, the Committee urged the Government to indicate all steps taken or envisaged to ensure the application of that principle, including by the introduction of concerted measures to ensure the effective implementation of a code of conduct for workers’ demonstrations and industrial action. The Committee notes the Government’s indications with regard to the outcomes of the tripartite discussions on a Code of Ethics on workers’ demonstrations and industrial action, at a meeting of the National Tripartite Cooperation Body (LKS) held on 19 April 2024. The Government indicates in particular that the LKS, in cooperation with a Ministry of Manpower (MM) task force, will be responsible for monitoring the implementation of the right to strike. The Committee requests the Government to provide any relevant information with regard to the work of the LKS and MM task force, including in particular the number and nature of cases examined, the development of criteria for assessing possible threats of public disorder, and any measure implemented by the above-mentioned entities in the performance of their mandate.

In its previous comments, the Committee noted that the Penal Code was under revision and requested the Government to ensure that the revision excluded lawful trade union activities from the scope of sections 160 and 335 of the Code. The Committee notes that the revision of the Penal Code was concluded with the adoption of Act No. 1 of 2023 on the Penal Code (Act No. 1). The Committee also notes with interest the Government’s indication to the effect that the reference to “unpleasant acts”, under former section 335 of the Penal Code, was declared invalid by the Constitutional Court in 2013 (No. 1/PUU-XI/2013) and was no longer valid prior to its removal from the Penal Code in 2023. The Committee also notes that section 160 was replaced by section 246 of the Penal Code following the adoption of Act No. 1 and observes that this new provision establishes penalties for “incitement to commit crimes” or “violent opposition against the public authorities”, without it being possible to determine the specific scope of the latter violation. Lastly, the Committee notes that section 7 of Regulation No. 1 provides that police officers, when they consider that a strike or trade union demonstration represents a real threat to public security, must take the necessary measures, in a firm and measurable manner in accordance with existing laws and regulations. Recalling that no one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful strike, the Committee trusts that the revised Penal Code, and more specifically section 246 of the Code, does not penalize peaceful trade union activities and requests the Government to provide all relevant information in this regard.

Article 2 of the Convention. Right to organize of civil servants. In its previous comments, the Committee requested the Government to take the necessary measures to ensure the right of civil servants to form and join organizations of their own choosing, in accordance with the Convention, and to provide information on all steps taken to that end. The Committee notes the Government’s recognition that the current structure of the Corps of Indonesian Civil Servants (KORPRI), a professional forum of which civil servants automatically become members upon entering into duty, does not allow it to be considered an organization within the meaning of Article 2 of the Convention or to offer civil servants a right of association equivalent to private sector organizations. The Committee also notes the Government’s indication to the effect that, although KORPRI represents civil servants while performing their duties, their membership of this association does not prevent them from joining other professional entities and associations. The Government further indicates that it is drafting regulations to improve civil servant rights. In conclusion, the Committee notes the Government’s wish, with technical assistance from the Office, to take the necessary measures to transform KORPRI into a democratic and independent organization that meets the requirements of the Convention, including by making changes to the applicable regulatory framework. The Committee welcomes this plan, invites the Government to avail itself of the technical assistance of the Office and requests it to provide any relevant information on the draft regulatory amendments announced.

Article 3. Right of workers’ organizations to organize their activities. In its previous comments, the Committee invited the Government to discuss the impact of Presidential Decree No. 63/2004 on vital national interests, and of Ministry of Industry Decree No. 466/2014, which enables enterprises or industrial zones to request assistance from the police and military in the event of disruption or threat to vital national interests in their jurisdiction. Having noted with regret, in its previous comment, that the application of the decrees indicated above had not yet been discussed with the social partners, despite the assertions of the Confederation of Indonesian Trade Unions (KSPI) and the Confederation of Indonesian Prosperity Trade Union (KSBSI) that these decrees serve to suppress the exercise of freedom of association, the Committee urged the Government to take all necessary steps to ensure that such a discussion take place without delay. The Committee notes the information provided by the Government concerning the objectives of these decrees, but notes with concern that the announced discussion with the social partners has not yet taken place. Noting the Government’s announcement that the 2025 agenda of the LKS includes discussions on vital national interests and industrial action, the Committee urges the Government to take all necessary measures to ensure that this meeting takes place and requests it to provide information on the outcome of the discussions.