Littler Global Guide - Indonesia - Q3 2023

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Golden Visa and Other Amendments to Indonesian Immigration System

New Legislation Enacted

Authors: Stephen Igor Warokka, Partner, and Richard D. Emmerson, Of Counsel – SSEK Law Firm

Government Regulation Number 40 of 2023 (GR 40/2023), which was enacted as the fourth revision to Government Regulation Number 31 of 2013, introduces changes to the country’s immigration system aimed at supporting post-COVID-19 economic development, attracting greater flows of investment and helping to create an investment climate that attracts highly skilled talent. GR 40/2023 impacts various permit categories and application requirements. One of the notable highlights is the introduction of the so-called golden visa targeted at high-quality foreign nationals while maintaining a selective immigration policy.

New Guidelines on Sexual Violence in the Workplace

New Regulation or Official Guidance

Authors: Stephen Igor Warokka, Partner, and Richard D. Emmerson, Of Counsel – SSEK Law Firm

The Indonesian Ministry of Manpower has issued Decree No. 88 of 2023 regarding Guidelines for the Prevention and Handling of Sexual Violence in the Workplace (MOM Decree No. 88). Among other obligations, MOM Decree No. 88 requires companies establish a task force for the prevention and handling of sexual violence in the workplace, with members appointed from among company representatives and employee representatives. The main duties of the task force include developing and implementing programs and policies to prevent sexual violence in the workplace, receive and record complaints of such nature and try to resolve them, collect information of indications or alleged instances of sexual violence in the workplace, and provide guidance and assistance to victims of it.

Additionally, MOM Decree No. 88 stipulates that companies are liable to compensate victims of sexual violence in the workplace as part of the recovery actions companies must take. Further, companies must return any leave taken by the victim during the handling of the sexual violence incident, remedy any adverse employment action stemming from the sexual violence, among other measures. Further, companies can sanction perpetrators of sexual violence in the workplace and are advised to regulate the prevention of sexual violence in the workplace in their employment agreements, company policies and/or collective labor agreements.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.