Country profile IDN
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2003 | C182 | Law Number 13 Year 2003 - Article 74 (2) (c) | [{"link_name":"Law Number 13 Year 2003","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/64764/IDN64764%20New.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 74 (2) (c) of the Law provides that the worst forms of work prohibited for children shall include: a. all forms of slavery or practices similar to slavery; b. any work which involves the use, procurement, or offering of a child for prostitution, the production of pornography, pornographic performances, or gambling; c. any work which involves the use, procurement, or offering a child for the production and trade of alcoholic beverages, narcotics, psychotropic substances, or other addictive substances; and/or d. all work which may endanger the health, safety, or moral of the child. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2003 | C182 | Law Number 13 Year 2003 - Article 74(2) | [{"link_name":"Law Number 13 Year 2003","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/64764/IDN64764%20New.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Article 74(2) of the Law provides that the worst forms of work prohibited for children shall include: a. all forms of slavery or practices similar to slavery; b. any work which involves the use, procurement, or offering of a child for prostitution, the production of pornography, pornographic performance, or gambling; c. any work which involves the use, procurement, or offering of a child for the production or trade of alcoholic beverages, narcotics, pyschotropic substances, or other addictive substances; and/or d. all work which may endanger the health, safety, or morals of the child. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1988 | C182 | Law No. 2 of 1988 on the Army of the Armed Forces - Article 10 | [{"link_name":"Law No. 2 of 1988 on the Army of the Armed Forces","source_link":"https://peraturan.bpk.go.id/Download/35581/UU%20Nomor%202%20Tahun%201988.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Article 10: (1) lists the general requirements to become a soldier: A. citizens will deny Indonesia; B. have faith and devotion to God Almighty; C. loyal to the Unitary State of the Republic of Indonesia which is based on Pancasila and the 1945 Constitution of the Republic of Indonesia; D. at the time of being appointed as a soldier must be at least 18 years old; And does not have a criminal record issued in writing by the National Police of the Republic of Indonesia;..." |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2002-10-22 ; 2007 | C182 | Law on Child Protection - Article 83 ; Law Number 21 Year 2007 on the Eradication of Human Trafficking - Articles 2 and 17 | [{"link_name":"-Law on Child Protection","source_link":"https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=63103&cs=161k77p3-hVy28pR7aHqCmYif6ECukgIY3Mf8C_0WZQqKO8bhY1hvpj0MdHDmPZ4kSUuIiP47hqCWCVJR88HMYA"},{"link_name":"-Law Number 21 Year 2007 on the Eradication of Human Trafficking","source_link":"https://www.warnathgroup.com/wp-content/uploads/2015/03/Indonesia-TIP-Law-2007.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | According to Article 83 of the Law on Child Protection, a person who trades in, sells, or kidnaps a child either for his purposes or for sale shall be subject to a maximum term of imprisonment of fifteen (15) years and a minimum term of three (3) years, and a maximum fine of three hundred million rupiah (Rp 300,000,000) and a minimum fine of sixty million rupiah (Rp 60,000,000). Besides, Article 17 of Law Number 21 Year 2007 on the Eradication of Human Trafficking provides that "Any person who commits the crime of human trafficking against children as referred to in Article 2 paragraph (2) shall be punished with a prison sentence of at least 3 (three) years and a maximum of 15 (fifteen) years and a fine of at least IDR 120,000,000.00 and a maximum of IDR 600,000,000.00". |
| List of hazardous activities prohibited for children | 2003 | C138 & C182 | Decision No. Kep-235/Men/2003 | [{"link_name":"Decision No. Kep-235/Men/2003","source_link":"https://toolsfortransformation.net/wp-content/uploads/2017/05/Kepmenakertrans-235-jenis-pekerjaan-yg-membahayakan-anak_E.pdf"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | The Ministerial Decree stipulates the types of work that may endanger the health, safety, or morals of any persons under 18 years of age. |
| Minimum age for hazardous work | 2003 | C138 & C182 | Decision No. Kep-235/Men/2003 | [{"link_name":"Decision No. Kep-235/Men/2003","source_link":"https://ppid.sumbarprov.go.id/home/details/5173-keputusan-menteri-tenaga-kerja-dan-transmigrasi-republik-indonesia-nomor-kep-235-men-2003-tentang-je.html"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Decree of the Minister of Manpower and Transmigration Number KEP-235/MEN/2003 on Types of Work that Endanger the Health, Safety, or Moral of Children provides that types of work that may endanger the health, saftey, or morals of any person under 18 years of age. |
| Minimum age for admission to apprenticeship | 2003 | C138 | Law Number 13 Year 2003 on Employment - Article 70 | [{"link_name":"Law Number 13 Year 2003 on Employment","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/64764/IDN64764%20New.pdf"}] | 14 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Article 70 (1) of Law Number 13 Year 2003 provides that: (1) A child may perform work at a workplace that constitute part of an educational or training curriculum, which has been authorized by the competent authority; (2) the Child referred to in (1) shall be at least 14 (fourteen) years of age; (3) The work performed by the child as referred to in (1) may be carried out under the following conditions: a. the child is provided with clear instructions on how to perform the work as well as guidance and supervision in carrying out the work; and b. the child is afforded protection in respect of occupational safety and health. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 08 July 2003 | C138 | Law (UU) no. 20 of 2003 National Education System - Article 6(1) | [{"link_name":"Law (UU) no. 20 of 2003\r\nNational Education System","source_link":"https://peraturan.bpk.go.id/Details/43920/uu-no-20-tahun-2003"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article 6(1) of the law on the national education system establishes that every citizen aged seven to fifteen years is required to attend basic education, which aligns with the minimum age for admission to work that is 15 years old. |
| Light work - Determination of types and conditions of activities | 2003 | C138 | Law Number 13 Year 2003 on Employment - Article 69(2) | [{"link_name":"Law Number 13 Year 2003 on Employment","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/64764/IDN64764%20New.pdf"}] | Yes | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Article 69(2) of Law Number 13 Year 2003 stipulates that an employer who employs a child to perform light work shall meet the following requirements: a. written consent from the parent or guardian; b. work agreement between the employer and the parent/guardian; c. a maximum working time of three hours per day; d. the work shall be carried out during daytime and shall not interfere with school hours; e. occupational health and safety shall be ensured; f. there shall be a clear employment relationship; and g. wages shall be paid in accordance with the prevailing regulations. |
| Minimum age for light work | 2003 | C138 | Law Number 13 Year 2003 on Employment - Article 69 (1) | [{"link_name":"Law Number 13 Year 2003 on Employment","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/64764/IDN64764%20New.pdf"}] | 13 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Article 69 (1) of the Law Number 13 Year 2003 allows the employment of children between 13-15 years of age for light work which are not harmful to their physical, mental, and social development. |
| Minimum age for admission to work | 2003 | C138 | Law Number 13 Year 2003 on Employment - Articles 1 (26), 68 | [{"link_name":"Law Number 13 Year 2023 on Employment","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/64764/IDN64764%20New.pdf"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article 68 of the Law Number 13 Year 2003 on Employment provides that entrepreneurs are not allowed to employ children and that a child is a person under 18 years of age by Article 1(26). Children between 13 and 15 years of age are only allowed to carry out work that does not stunt or disrupt their physical, mental, and social development. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 28-MAR-2000 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 07-JUN-1999 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| The third phase of the National Action Plan for Child Protection (RAN-PBPTA) came to its end. Several components of the action are still being implemented in programs run by the central and regional governments (especially prevention, outreach, supervision, and rehabilitation of child labor) through relevant ministries such as the Ministry of Manpower, the Ministry of Women's Empowerment and Child Protection (PPPA), and the Coordinating Ministry for Human Development and Culture. The Indonesian Child Labour Working Group (KPAI) has also established a Child Labour Working Group and conducted intensive monitoring in 10 cities and regencies in Indonesia. From the results of this monitoring, it was found that in the context of the Regional Governments monitored by KPAI, 75% already have Child-Friendly City/Regency Regulations. Local governments have implemented programs and services to eliminate the Worst Forms of Child Labour. | [{"link_name":"RAN-PBPTA","source_link":"https://www.kpai.go.id/publikasi/sinergi-mewujudkan-indonesia-bebas-pekerja-anak-dan-penghapusan-pekerjaan-terburuk-bagi-anak-pbpta"}] | Since 2002 | National Action Plan for Child Protection (RAN-PBPTA) | Ministry of Manpower, Ministry of Women's Empowerment and Child Protection (PPPA), Coordinating Ministry for Human Development and Culture. |
| This roadmap supersedes the previous "Roadmap Towards a Child Labour-Free Indonesia 2022" and serves as a comprehensive guide for stakeholders at all levels committed to eradicating child labour. It aims at achieving the following objectives : Increasing the commitment of the Government and other stakeholders in handling child labour in Indonesia; Institutionalizing the elimination of child labour in every policy; Strengthening coordination between Ministries/Institutions, regional Governments and other stakeholders in the elimination of child labour; Building a national movement to eliminate child labour. | [{"link_name":"Advanced Child Labour-Free Indonesia Roadmap","source_link":"https://kemnaker.go.id/news/detail/menaker-luncurkan-roadmap-indonesia-bebas-pekerja-anak-lanjutan"}] | 2024-2045 | Advanced Child Labour-Free Indonesia Roadmap: (A Vision for a) Golden Indonesia Without Child Labour | Directorate General of manpower supervision and occupational safety and health Ministry of manpower |
| The Roadmap towards a Child Labour-Free Indonesia in 2022 is developed to support the implementation of the NAP-EWFCL. The Roadmap is developed as the elaboration of the NAP-EWFCL which contains an overview of key issues based on the experience of the first phase of ten years of actions and a strategic guide in accelerating the achievement of Child Labour-Free Indonesia in 2022. This roadmap is designed as a reference for all parties, including relevant ministries and institutions, employers' organizations and business representatives, trade/labor unions, civil society groups (NGOs, social organizations, religious organizations, community organizations, and others), as well as international organizations. | [{"link_name":"Roadmap Towards a Child Labour-Free Indonesia in 2022","source_link":"https://www.ilo.org/jakarta/whatwedo/publications/WCMS_377170/lang--en/index.htm"}] | 2014-2022 | Roadmap Towards a Child Labour-Free Indonesia in 2022 | The National Action Committee on the Elimination of the Worst Forms of Child Labor (NAC-EWFCL) |