In Indonesia, the number of occupational accidents remains a high level. According to data released by the Social Security Provider (BPJS Ketenagakerjaan), a total of 105,182 occupational accidents had occurred until the end of 2015. Among them, 2,375 accidents were fatal. The below Figure shows the number of occupational accidents from 2005 to 2016. Although we can observe a slight decrease in 2016, the number of occupational accidents had continuously increased from 2007 to 2015.


Numbers of occupational accidents and deaths[1]

Such poor progress in occupational safety and health (OSH) problems among Indonesian business entities are partly due to the very light punishment on regulatory violations. In such a context, a revision of the Law on Work Safety of 1970, which imposes punishment on OSH violations, has started to be discussed in the country. In a discussion held at the administration section of Department of Manpower of South Jakarta on July 7, 2017, participants pointed out that the Law was ineffective because the punishment was very light. Mr. Wahyu Dwi, Director of the City’s Department of Labor, called for the the Ministry of Manpower and the People’s Representative Council to urgently amend the Law on Work Safety. According to Dwi, many business entities do not implement OSH measures for workers or unskilled workers because of the light sanctions, which results in the large number of occupational accidents in Indonesia. The Article 15 of the Law on Work Safety states that its subordinate law or regulation may impose a criminal penalty for violation of its rules with imprisonment for a maximum of 3 months or a maximum fine of Rp. 100.000 (about 7.10 USD). Considering the current monetary value, such a small amount of fine should not serve as a deterrent against violations.

In addition, for the purpose of promoting OSH, the Indonesian government implements various measures such as the National Occupational Safety and Health Month campaign from January 12 to February 12 every year, as well as recognition and commendation for companies that had no occupational accidents.

The legal system for OSH in Indonesia can be summarized as below. The fundamental OSH law is the Law on Work Safety that was established in 1970. In addition, Articles 86 and 87 of the Law on Manpower of 2003 also refers to occupational safety and health management. Relevant subordinate regulations have been enacted under these two Laws. The Regulation of the Minister of Manpower No. 5/2018 stipulates various numerical safety standards on exposure to chemicals, lighting, noise, etc. at workplace. On the other hand, general regulations on OSH include the Government Regulation No. 50/2012 and the Regulation of the Minister of Manpower No. 26/2014, which stipulate specific requirements for establishing an efficient OSH management system within a business entity.

  • Law No. 1/1970 on Work Safety 
    A basic law that aims to protect safety of workers in Indonesia

    • Regulation of the Minister of Manpower No. 5/2018 on Occupational Safety and Health at Work Environment
      It gives more consistent conditions for OSH to create a healthy and safe working environment.
  • Law No. 13/2003 on Manpower
    A law that controls labor-related issues in general. Articles 86 and 87 of this Law stipulates occupational safety and health of workers.

    • Government Regulation No. 50/2012 on Implementation of Occupational Safety and Health Management Systems
      Established pursuant to Article 87 of the Law of Manpower 2003
      It gives rules on the Occupational Safety and Health Management Systems (SMK3).

 

Law on Work Safety

The Law on Work Safety was established on January 12th, 1970. The Law stipulates the following 17 items as general requirements for occupational safety:

  1. Preventing and minimizing occupational accidents;
  2. Preventing, reducing and eliminating fire;
  3. Preventing and reducing hazardous blasting;
  4. Providing opportunity or way of escape in the event of fire or other dangerous events;
  5. Providing personal protective equipment to workers;
  6. Preventing and controlling the rise or diffusion of temperature, humidity, dust, dirt, smoke, vapor, gas, wind gusts, weather, rays or radiation, sound and vibration;
  7. Preventing and controlling the occurrence of illness due to physical or psychological work, poisoning, infection and transmission;
  8. Obtaining adequate and appropriate information;
  9. Maintaining good temperature and humidity;
  10. Maintaining adequate air refreshment;
  11. Maintaining hygiene, health and orderliness;
  12. Gain compatibility between manpower, work tools, environment, ways and processes;
  13. Safeguarding and facilitating the transport of persons, animals, plants or goods;
  14. Securing and maintaining all types of buildings;
  15. Securing and facilitating loading and unloading work, treatment and storage of goods;
  16. Preventing exposure to dangerous electricity; and
  17. Adapting and improving security on the work that the danger of the accident becomes increasingly high.

The Law on Work Safety uses two terms, “entrepreneur (pengusaha)” and “manager (pengurus).” The former is an individual or a legal entity that operates the business as a representative at a workplace. The latter refers to the person who is responsible for the management of the workplace by promoting occupational safety at working site and providing guidance to workers. Workers shall also comply with occupational safety regulations that are dictated by the manager. Ultimately, the entrepreneur bears the responsibility to ensure that managers and workers comply with the Law on Work Safety.

 

Law on Manpower

The Law on Manpower controls labor-related issues comprehensively. It gives wide-ranging provisions on labor, covering job training, employment, workers with foreign citizenship, child labor, female workers, working hours, employment relationships, and dismissal. In Chapter X ”Protection, Payment of Wages and Walfare,” the Law stipulates that “every worker has the right to receive occupational safety and health protection” and that “every enterprise is under an obligation to apply an occupational safety and health management system” (Articles 86 and 87).

[1] Japan Industrial Safety & Health Association, Occupational Safety in Indonesia (Country Report) as of October to November , 2017
https://www.jisha.or.jp/international/training/pdf/indonesia2017_taiyaku.pdf


Index of Indonesia EHS

Framework of EHS laws and regulations in Indonesia.

Category Theme
Overall Overview, Environmental Standards
Indonesia, Organizations with Governing Environmental Regulations
Chemical Chemicals Control
Energy Energy Conservation
Waste Waste management
Air Air Quality Control
Water Water Quality Control
Soil Soil Pollution Control
OSH Occupational Safety and Health
Other Pollution Noise, Vibration, Offensive Odor Control