Empowering Safe Workplaces: A Legal Analysis of the Guidelines on the Prevention and Handling of Sexual Violence in Workplaces of Indonesia

Table of Contents

1. Overview
2. Roles of Parties to Prevent Sexual Violence in the Workplace
3. Efforts for the Prevention of Sexual Violence in the Workplace
4. Taskforce for the Prevention and Handling of Sexual Violence in the Workplace
5. Complaints, Handling, and Recovery of Sexual Violence Victims
6. Conclusion

Overview

It is no surprise that for the past following years, sexual harassment is an occurring phenomenon in Indonesia: in the general public as well as in a workplace environment. Based on a recent survey, by the International Labour Organization: “Semua Bisa Kena!”, 70,93% out of 1173 respondents have stated that they have received some forms of sexual harassment and violence in their workplace environment. ¹

In an attempt to prevent the act of sexual violence in the workplace, the Ministry of Manpower issued the Minister of Manpower Decree No. 88 of 2023 concerning the Guidelines for Prevention and Handling of Sexual Violence in the Workplace (“MoM Decree 88/2023”). The Decree issued on May 29, 2023, to provide technical instructions so that the implementation of the prevention and handling of sexual violence in the workplace can be carried out optimally. This Decree aims to maintain a harmonious and productive industrial relation.

This ARMA update will discuss the main points and obligations of companies in how they can protect their workers by preventing sexual violence in their work environment.

Roles of Parties to Prevent Sexual Violence in the Workplace

In enforcing the prevention of Sexual Violence, the MoM Decree 88/2023 utilizes most of the parties involved in a general workplace, with additions of a specific roles such as the following:

1. Employers/Entrepreneurs, to arrange and inform internal policies while guaranteeing there is no sexual violence conducted;
2. Employees, to actively participate in efforts to prevent sexual violence;
3. Trade Unions/Labour Unions, to assist companies in disseminating internal policies and participating in preventing sexual violence in the workplace;
4. Other related parties which are present in the workplace, to abide by the internal policies on the prevention of sexual violence;
5. Taskforce for the Prevention and Handling of Sexual Violence in the Workplace (“Taskforce”), established by a company to formulate and implement programs/activities which refers to the internal policy of the company in the prevention of sexual violence in the workplace;
6. Ministries and agencies that organize government affairs in the regency/city/provincial manpower sector, shall develop and monitor the implementation of the prevention of sexual violence in the workplace.

Efforts for the Prevention of Sexual Violence in the Workplace

As stated in Point B of Chapter 3 of the MoM Decree 88/2023, the following efforts are required to be implemented in all companies in its attempts to prevent sexual violence:

1. Arrange policies on the Prevention and Handling of Sexual Violence in Employment Agreements, Company Regulations, or Collective Labor Agreements With the issuance of the MoM Decree 88/2023, Employers are now obliged to provide an internal policy which governs concerning the prevention of sexual violence in the workplace, which is then required to be implemented in either the employment contracts of their employees, a collective work agreement or company regulations.

2. Conducting education to the parties in the Workplace Employers and Labour Unions are required to provide information on sexual violence through their orientation, education, and training program to employees and members of their workplaces.

3. Increase self-awareness Each employee and/or member of a workplace is required to increase self-awareness of the potential risk of sexual violence to prevent the occurrence of sexual violence in the workplace.

4. Provide adequate work facilities and infrastructure. Adequate facilities and infrastructures are required in order to prevent sexual violence, such facilities and infrastructures may be implemented through the provision of workspaces and lounges with sufficient lighting, placement of surveillance cameras, separation of toilets or messes for employees according to gender, and so forth.

5. Publicize the anti-Sexual Violence in the Workplace movement. As an act to spread awareness of preventing Sexual Violence in the Workplace in the form of writings, pictures, and videos, among others, in the form of pamphlets, banners, banners, and social media.

Taskforce for the Prevention and Handling of Sexual Violence in the Workplace

According to Chapter 5 of the MoM Decree 88/2023, companies are required to establish a Taskforce which will be handling the prevention of sexual violence in the workplace, which shall be part of the Bipartite LKS of a company. For companies that do not possess a Bipartite LKS, the Taskforce may be established through a decree by the Director of the company.

Further, the members of the Taskforce shall consist of representatives of each party in the company, which includes the employer and/or its representatives, labour union, or employees in an odd amount with at least 3 (three) people. Moreover, the membership structure of the Taskforce shall consist of a (i) head of the Taskforce, (ii) secretary, and (iii) its members.

As the centre for prevention and handling sexual violence in companies, the duties of the Taskforce are the following:

1. To implement programs and activities which refer to the internal company policies on preventing sexual violence in the workplace;
2. Receiving and recording complaints of sexual violence from victims and/or complaining parties in the workplace;
3. Collecting information on indications of sexual violence in the workplace;
4. Provide consideration and assistance to the company and victims of sexual violence regarding the settlement of complaints in the workplace.

Complaints, Handling, and Recovery of Sexual Violence Victims

Chapter 4 of the MoM Decree 88/2023 also stipulates concerning the handling of complaints by victims of sexual harassment, in which parties who may submit complaints of sexual violence in the workplace are:

1. Victims;
2. Family of victims;
3. Co-workers of victims; and/or
4. Other related parties.

Moreover, such complaints of sexual violence in the workplace may be submitted offline/online to the following:

1. Taskforces established by companies;
2. the office which organizes governmental affairs in the regency/city/provincial manpower sector; and/or
3. the ministry which manages government affairs in the manpower sector.

For the handling of complaints, Taskforces or work units which organises industrial relations in the agency which organizes government affairs in the manpower sector, are required to take complaints of sexual violence seriously by ensuring that the complaints are handled immediately and without discrimination.

The handling of complaints is conducted through a prior investigation which collects information regarding the complaint, applying the presumption of innocence principle and gathering proof from surveillance cameras and other sources of information. After acquiring the results from the collected information, the Taskforce/work unit may consider the following:

1. Victims, to report any acts of sexual violence in the workplace to the police; and/or
2. Companies, to impose sanctions on the party being complained about.

In regard to the recovery of the victim of sexual violence in the workplace, there are possibilities where the party being complained about is the victim’s superior. In order to prevent any unwanted retaliation, companies have the responsibility as follows:

1. Ensuring the victim does not receive any retaliation from the party being complained about;
2. Supervising the work environment periodically; and
3. Ensuring that no losses are suffered from the victim as a result of the complaint such as a demotion, refusal, and so forth.

In addition to the above, other recovery measures for the victim of sexual violence also include:

1. Restoring the sick or annual leaves of the victim;
2. Granting additional sick leaves;
3. Delete negative assessments in the records of the company relating to the victim;
4. Re-employment in the event of improper dismissal;
5. Reviewing the implementations and decisions related to the working relationship of the victim to ensure that the treatment or decision is not carried out as an act of retaliation; and/or
6. Provide compensation such as medical expenses.

Conclusion

In response with the issuance of MoM Decree 88/2023, we advise for companies to comply with the terms stipulated in such decree. This includes the obligation to include and to enforce the sexual violence prevention methods in their company through their employment agreements of their employees, company regulations and other internal company policies to create sexual violence-free workplace environment.

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1. International Labour Organization, Semua bisa Kena!, https://www.ilo.org/jakarta/whatwedo/publications/WCMS_857049/lang--en/index.htm↩

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Disclaimer:
This client update is the property of ARMA Law and intended for providing general information and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. ARMA Law has no intention to provide a specific legal advice with regard to this client update.

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