Unlocking Talent: Mandatory Reporting of Job Vacancies to the Ministry of Manpower

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Authors

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Overview

The Job Loss Security (Jaminan Kehilangan Pekerjaan), which was first introduced through the Law No. 11 of 2020 concerning Job Creation, provides several benefits to its receiver, including access to job market information. Such information should be accessible in the Employment Information System (Sistem Informasi Ketenagakerjaan) that is operated by the Ministry of Manpower (“MoM”).

As a measure to ensure the smooth provision of job vacancy information for the unemployed, including not only the recipients of the Job Loss Security, but also other unemployed individuals, the Government of Indonesia recently enacted the Presidential Regulation No. 57 of 2023 concerning Mandatory Report of Job Vacancies (“PR 57/2023”). This regulation updates the regulatory framework pertaining to obligation to report any job vacancy to the MoM, which was previously regulated by the Presidential Decree No. 4 of 1980 concerning Mandatory Report of Job Vacancies that is deemed to no longer be sufficient.

Mandatory Report of Job Vacancies

The regulation covers the job vacancies that are originated from the Republic of Indonesia or any foreign countries. ¹ In the case the job vacancy originated from the Republic of Indonesia, the employer is obliged to report such job vacancies to the MoM through the Employment Information System. ² Whereas, for the latter, the reporting must abide with the provisions of Law No. 18 of 2017 concerning Protection of Indonesian Migrant Worker. Every job vacancy reporting to the system shall be free of charge. ³

Further, the report of the job vacancies shall contain the following information: ⁴

1. Identity of the employer;
2. Name of the position and the number of workers needed;
3. The validity period of the job vacancy; and
4. Job information, including:
   • age;
   • gender;
   • education;
   • skills or competencies;
   • work experience;
   • wages or salaries;
   • domicile of the place of work; and
   • other information related to the required position.

The above reporting will be verified by the authorized officials. ⁵

This job vacancy information shall be utilized by job seekers, employers, central government, and local governments, for the following purposes: ⁶

1. obtaining a job in accordance with talents, interests, and abilities;
2. obtaining workforce in accordance with needs;
3. workforce planning;
4. workforce placement;
5. reporting of job market information;
6. job market analysis;
7. job analysis;
8. analysis of training needs; and/or
9. implementation of the job loss security program.

In the event the job vacancy has been fulfilled, the employer must report it through the Employment Information System. ⁷ Further regulations pertaining to the procedure of the reporting will be accommodated in a ministerial regulation. ⁸

Award and Administrative Sanctions

For employers who report their job vacancies to the Employment Information System, the Minister of Manpower, governor, or regent/mayor may accord an award in return for fulfilling the regulatory obligation. The award itself may be in the form of charter or other form. ⁹

On the other hand, if the employer is not reporting either its available or fulfilled job vacancies to the Employment Information System, the Minister of Manpower, governor, or regent/mayor will impose an administrative sanction in the form of written warning. Further provisions regarding this will be regulated in a ministerial regulation. ¹⁰

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1. Article 3 of the PR 57/2023.↩

2. Article 4 (2) of the PR 57/2023.↩

3. Article 4 (4) of the PR 57/2023.↩

4. Article 5 (1) of the PR 57/2023↩

5. Article 5 (2) of the PR 57/2023.↩

6. Article 12 of the PR 57/2023.↩

7. Article 6 of the PR 57/2023.↩

8. Article 7 of the PR 57/2023.↩

9. Article 16 of the PR 57/2023.↩

10. Article 17 of the PR 57/2023.↩

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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.

Table of Contents

1. Overview
2. Mandatory Report of Job Vacancies
3. Award and Administrative Sanctions

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