Indonesia
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of a protected characteristic are:
- Law No. 39 of 2003, the Manpower Law, and
- Law No. 12 of 2022, the Sexual Violence Law.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Indonesia.
- Race
- Color
- Sex
- Religion
- Political orientation
- Ethnicity
- Physical condition
- Marital status
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual Harassment
Sexual harassment is any unwelcome sexual advance, request for sexual favors, verbal or physical sexual conduct or gestures, and any other sexual conduct that would offend, humiliate or intimidate a person.
Sexual Violence
Sexual violence is any act that demeans, insults, harasses or attacks a person’s body or reproductive functions due to an imbalance of power or gender which results or may result in physical or psychological harm.
Filing a Claim in Indonesia
A claim for employment discrimination or harassment may be filed with a local office of the Ministry of Manpower and Transmigration.
Employment discrimination and harassment claims may also be filed in the Industrial Relations Court.
Potential Remedies
In Indonesia, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.