Document No.

010312

LEGAL
UPDATES
1. CIRCULAR LETTER, BY THE DIRECTOR GENERAL FOR THE PROMOTION OF INDUSTRIAL RELATIONS
AND WORKER SOCIAL SECURITY, FROM THE MINISTRY OF MANPOWER AND TRANSMIGRATION, IN
THE REPUBLIC OF INDONESIA, NUMBER B.31/PHIJSK/I/2012 ON THE IMPLEMENTATION OF THE
CONSTITUTIONAL COURT DECISION NUMBER 27/PUU-IX/2011
This circular specifies that for companies which subcontract part of its work to another company through
an employment agreement or to another service provider, as set out in Article 64, Article 65 and Article
66 of the Manpower Act number 13 of 2003:

When the employment agreement between a subcontracted company or service provider does not
specify a transfer of workers rights, for work of the same kind, to another subcontracting company or
service provider, then the employment relationship between the receiving company or service
provider must be based on a Permanent Work Agreement.

When the employment agreement between a subcontracted company or service provider specifies a
transfer of workers rights, for work of the same kind, to another subcontracting company or service
provider, then the employment relationship between the subcontracting company or service provider
and the workers may be based on a Non-Permanent Work Agreement.

2. DECISION OF THE BOARD OF DIRECTORS OF JAMSOSTEK PTY. LTD., NUMBER: KEP/310/102011, ON

THE PROVISION OF ADDITIONAL BENEFITS TO JAMSOSTEK PARTICIPANTS
This
decision
regulates
that
the
types
of
additional
benefits
for
workers
and their families who are members of JAMSOSTEK are as follows:
a. Provision of occupational safety and health training for workers and companies.
b. Provision of occupational safety and health equipment to the Construction Services Companies.
c. Provision of financial assistance to cover the funeral costs of family members of current workers.
d. Provision of medical check-ups for current workers who are over 40 years of age.
e. The provision of assistance for workers and families who need dialysis, heart operations, cancer
treatment and HIV/AIDS treatment.

Document No. 010312

Continue page 2

LEGAL
UPDATES

3. MINISTERIAL DECREE BY THE MINISTER OF MANPOWER AND TRANSMIGRATION, IN THE

REPUBLIC OF INDONESIA, NUMBER 40 OF 2012, ON POSITIONS WHICH ARE PROHIBITED TO BE HELD
BY FOREIGN WORKERS
This Ministerial Decree regulates certain positions which are prohibited to be held by foreign workers.
Lists of the positions are clearly set out in the decree.
4. MINISTERIAL REGULATION, FROM THE MINISTER OF MANPOWER AND TRANSMIGRATION, NUMBER:
PER.13/MEN/X/2011 OF 2011, ON VALUE AND THRESHOLD LIMITS ON PHYSICAL AND CHEMICAL
FACTORS IN THE WORKPLACE
This regulation sets out the value and threshold limits on the following:
- Threshold limits for noise
- Threshold limits for vibrations from tools which have both direct and indirect contact with hands
and arms of workers
- Threshold limits for vibrations which have direct and indirect contact with the entire body
- Threshold limits for radio radiation frequency and microwaves
- Threshold limits for ultra violet radiation
- Threshold limits for static magnetic field around the body
- Threshold limits for static magnetic field on feet and legs of workers
5. MINISTER OF MANPOWER AND TRANSMIGRATION, FOR THE REPUBLIC OF INDONESIA,
PER.16/MEN/XI/2011, ON THE METHOD FOR MAKING AND CERTIFYING COMPANY REGULATIONS AND
FOR MAKING AND REGISTERING COLLECTIVE BARGAINING AGREEMENTS
This regulation sets out:
- The method for making Company Regulations
- The procedure for certifying Company Regulations
- The method for amending the contents of Company Regulation
- The procedures for renewal of the Company Rules
- The requirements for making Collective Bargaining Agreements
- The method for registering Collective Bargaining Agreements.
-

Please consult the Ministry of Manpower and Transmigration for official documents.

DISCLAIMER

The content of this information is for general information purposes only.

The responsibility for the information and any links attached to it rests solely with their authors and does not imply the expression of any opinion or endorsement
whatsoever on the part of Better Work. The inclusion of any links and the presentation of material do not imply the expression of any opinion whatsoever on the
part of Better Work. Please consult with the Ministry of Manpower and Transmigration for official documents.
Better Work takes no responsibility over the nature, content and availability of the external sites linked to this email.