WORK COMPETENCY DEVELOPMENT THROUGH PRE-EMPLOYMENT CARD PROGRAM

REGULATION OF THE PRESIDENT OF THE REPUBLIC OF INDONESIA NUMBER 36 OF 2020 WORK COMPETENCY DEVELOPMENT THROUGH PRE-EMPLOYMENT CARD PROGRAM

Considering

a) that in order to expand work opportunity, productivity improvement and competitiveness for the workforce, the provision of work competency development is necessary;

b) that for the workforce competency development as referred to in point a, the implementation of PreEmployment Card Program is necessary;

c) that based on the considerations as referred to in point a and point b, it is necessary to issue Presidential Regulation on Work Competency Development through Pre-Employment Card Program;

Observing : Article 4 section (1) of the 1945 Constitution of the Republic of Indonesia;

 

HAS DECIDED:

PRESIDENTIAL REGULATION ON WORK COMPETENCY DEVELOPMENT THROUGH PRE-EMPLOYMENT CARD PROGRAM.

 

CHAPTER 1

GENERAL PROVISIONS

Article I

In this Presidential Regulation :

1. Pre-Employment Card Program means a work competency development program intended for job seekers, workers/labourers affected by termination of employment relation , and/or workers/labourers who need competency improvement.

2. Pre-Employment Card means an identifying or identity card given to the beneficiary of Pre-Employment Card Program.

3. Job Seeker means an unemployed or job seeking workforce both at home and abroad.

4. Worker/Labourer means any person who works and receives wages or other forms of compensation.

5. Termination of Employment Relation (Pemutusan Hubungan Kerja) hereinafter abbreviated as PHK means a termination of employment relation due to a certain reason which causes the end of rights and obligations between worker/labourer and Employer.

6. Work Competency means the work ability of each individual which consist of the aspects of knowledge, skill and attitude.

7. Training means the overall activities to obtain, improve and develop the Work Competency, productivity, discipline, attitude, and work ethics at a certain level of skill and expertise.

8. Training Certificate means a written proof provided by the Training institution to the Training participants who have completed the Training.

9. Incentive means the additional benefits for the PreEmployment Card beneficiary in the form of a specific amount of cash.

10. Digital Platform means the government official partner in implementing the Pre-Employment Card Program through application, website and/or other internet-based content services.

11. Project Management Office means the unit which implements the Pre-Employment Card Program.

12. Local Government means the head of the region as the Local Governance implementing elements who lead the implementation of government affairs which fall under the authority of autonomous region.

Article 2

Pre-Emplojmient Card Program aims to:

a. develop the competency of the workforce; and

b. improve the productivity and competitiveness of the workforce.

 

CHAPTER II

PRE-EMPLOYMENT CARD PROGRAM

Part One

Beneficiary

Article 3

(1) Pre-Employment Card Program is implemented through the granting of Pre-Employment Card.

(2) Pre-Employment Card as referred to in section (1) is granted for the Job Seekers.

(3) In addition to the Job Seekers as referred to in section (2), Pre-Employment Card may be granted for:

a. Worker/Labourer affected by PHK; or

b. Worker/Labourer who need Work Competency improvement.

(4) Job Seekers and Worker/Labourer as referred to in section (2) and section (3) must fulfill the requirements as follows:

a. Indonesian citizen;

b. 18 (eighteen) years old or more; and

c. not currently attending formal education.

 

Part Two

Benefits

Article 4

Pre-Employment Card as referred to in Article 3 section (2) is used to obtain the following benefits:

a. Training; and

b. Incentive.

 

Paragraph 1

Training

Article 5

(1) Pre-Emplo5Tnent Card Beneficiary is entitled to receive a specific amount of financial support to participate in the Training.

(2) Training as referred to in section (2) consists of the following:

a. Work Competency briefing;

b. Work Competency improvement; or

c. Work Competency transfer.

(3) Training as referred to in section (2) may be organized online and/or offline.

Article 6

(1) Training as referred to in Article 5 is organized by the Training institution owned by the following:

a. private sector;

b. state-owned enterprise;

c. regional-owned enterprise; or

d. government.

(2) Training institution as referred to in section (1) must fulfill the following requirements:

a. has a cooperation with a Digital Platform;

b. has a Work Competency based Training program in accordance with the work market demand; and

c. receive an approval from the Project Management Office.

Article 7

Training institution as referred to in Article 6 is required to provide a Training Certificate to the Pre-Employment Card beneficiary who has completed the Training.

 

Paragraph 2

Incentive

Article 8

(1) Incentive is to be provided to the Pre-Employment Card beneficiary who has completed the Training.

(2) Incentive as referred to in section (1) is provided to:

a. lower the cost borne by the job seekers; and

b. evaluate Pre-Employment Card Program effectiveness.

 

Article 9

(1) Further provisions regarding the requirements of training institution as referred to in Article 6 are regulated by the Regulation of the Minister administering the coordination, synchronization and control of the ministerial affairs in the government administration in the field of economy.

(2) Further provisions regarding the amount of Training financial support and amount of Incentive as referred to in Article 5 section (1) and Article 8 are regulated by the Regulation of the Minister administering the coordination, synchronization and control of the ministerial affairs in the government administration in the field of economy after coordinating with the minister administering governmental affairs in the field of finance.

 

Part Three

Registration Mechanism

Article 10

(1) To obtain a Pre-Employment Card, prospective beneficiary is obligated to register in the Pre-Employment Card Program.

(2) Pre-Employment Card Program registration is carried out online through the official site of Pre-Employment Card Program.

Article 11

(1) Pre-Employment Card Program registrant who has fulfilled the requirements as referred to in Article 3 section (4) is to be selected.

(2) Pre-Employment Card Program registrant who passed the selection as referred to in section (1) will receive a PreEmplojonent Card.

(3) Beneficiary of Pre-Employment Card as referred to in section (2) prefers the type of Training through the Digital Platform.

(4) Further provisions regarding the procedures for registration, selection, preference of the type of Training and use of Pre-Employment Card are regulated by the Regulation of the Minister administering the coordination, synchronization and control of the ministerial affairs in the government administration in the field of economy.

Part Four

Fund Distribution

Article 12

(1} Pre-Employment Card fund distribution is aimed for the payment of the following:

a. Training fee;

b. Job seeking incentive; and

c. Evaluation survey completion incentive.

(2) Further provisions regarding the Pre-Employment Card fund distribution are regulated by Regulation of the Minister administering the governmental affairs in the field of finance.

 

CHAPTER III

INSTITUTION

Part One

General

Article 13

(1) In implementing Pre-Employment Card Program, under this Presidential Regulation the Job Creation Committee is hereby established, hereinafter referred to as the Committee.

(2) The Committee as referred to in section (1) serves and is responsible to the President.

Article 14

The duties of the Committee as referred to in Article 13 are to:

a. formulate and prepare policy on Pre-Employment Card Program; and

b. control and evaluate the Pre-Employment Card Program implementation.

 

Part Two

Organizational Structure

Article 15

Committee organizational structure consists of: Chairperson : Coordinating Minister for Economic Affairs

Vice Chairperson : Chief of Presidential Staff Members :

1. Minister of Finance;

2. Minister of National Development Planning/Head of National Development Agency;

3. Minister of Manpower;

4. Minister of Industry;

5. Minister of Education and Culture;

6. Minister of Home Affairs;

Secretary: Secretary of the Coordinating Minister for Economic Affairs.

 

Article 16

In performing its duties, the Committee organizes a meeting at least 1 (one) time in 2 (two) months or an3^me if necessaiy.

 

Part Three

Project Team and Project Management Office

Article 17

In the implementation of Pre-Employment Card Program, the Committee is assisted ty a Project Team and a Project Management Office.

Article 18

(1) The duties of the Project Team as referred to in Article 17 are to;

a. assist the implementation of the Committee's duties; and

b. perform other relevant duties given by the Committee.

(2) Project Team as referred to in section (1) consists of the ministerial/institutional officials.

(3) Further provisions regarding the duties and organizational structure of the Project Team as referred to in the section (1) and section (2) are determined by the Chairperson of Committee.

Article 19

(1) The duly of the Project Management Office as referred to in Article 17 is to perform the Pre-Employment Card Program.

(2) In performing the duty as referred to in section (1) the Project Management Office organizes the following functions:

a. human resources, financial, technology, data and infrastructure management;

b. Training program alignment at the ministries/ institutions;

c. partnership organization with business actors;

d. cooperation organization with Digital Platforms;

e. provision of labour market information;

f. implementation of Training product development; and

g. business process and operational system development.

(3) Project Management Office as referred to in section (1) serves in the ministry administering the coordination, synchronization and control of the ministerial affairs in the government administration in the field of economy and is responsible to the Chairperson of Committee.

(4) Further provisions regarding criteria and procedure for cooperation between Project Management Office and Digital Platform as referred to in section (2) are regulated by Regulation of the Minister ministering the coordination, synchronization and control of the ministerial affairs in the government administration in the field of economy.

Article 20

(1) Project Management Office consists of:

a. Executive Director; and

b. Directors.

(2) The Directors as referred to in section (1) point b consist of a maximum of 5 (five) Directors.

(3} Project Management Office as referred to section (1) is led by an Executive Director.

(4) Further Provisions regarding the organizational structure of the Project Management Office are determined by the Chief of Committee.

Article 21

Executive Director, Directors and other positions in the Project Management Office may be originated from non-civil servants and civil servants.

Article 22

(1) Civil servant who is appointed as Executive Director, Director or other positions in the Project Management Office, is to be provided with an assignment status in accordance with the provisions of legislation.

(2) Advancement of civil servant as referred to in section (1) is performed in accordance with the provisions of legislation.

Article 23

(1) Executive Director and Directors in the Project Management Office are appointed by the Chairperson of Committee.

(2) Appointment by the Chairperson of Committee as referred to in section (1) is performed based on the selection result.

(3) For the first time, the appointment by the Chairperson of Committee as referred to in section (1) is performed in accordance with the recommendation of Committee members.

Article 24

Further provisions regarding the work mechanism of the Project Team and Project Management Office are regulated by Regulation of the Minister ministering the coordination, synchronization and control of the ministerial affairs in the government administration in the field of economy as the Chairperson of Committee.

Part Four

Committee Secretariat

Article 25

(1) In performing its duties, the Committee is assisted by the Committee Secretariat.

(2) The Committee Secretariat as referred to in section (1) is ex-ofiicio in nature which is functionally performed by one of the work units in the ministry administering the coordination, synchronization and control of the ministerial affairs in the government administration in the field of economy.

(3) Further provisions regarding the work mechanism of the Committee Secretariat are regulated by the Regulation of the Minister administering the coordination, synchronization and control of the ministerial affairs in the government administration in the field of economy.

 

CHAPTER IV

FINANCIAL RIGHTS AND FACILITIES

Article 26

(1) In performing their duties, the Executive Director and the Directors of the Project Management Office are provided with financial rights and other facilities.

(2) Further provisions regarding the amount of financial rights and other facilities for the Executive Director and Directors of the Project Management Office as referred to in section (1) are regulated by the Presidential Regulation.

(3) Project Man^ement Officers are provided with financial rights.

(4) Further provisions regarding the amount of the financial rights for the officers as referred to in section (3) are regulated by Regulation of the Minister administering the coordination, synchronization and control of the ministerial affairs in the government administration in the field of economy as the Chairperson of Committee after receiving an approval from the minister administering the government affairs in the field of finance.

 

CHAPTER V

FUNDING

Article 27

Necessary funding for the implementation of the PreEmployment Card Program is originated from the State Budget which is calculated on the Budget Division of the State General Treasurer.

 

CHAPTER VI

ROLES OF LOCAL GOVERNMENT

Article 28

(1) Local Government provides its support for the implementation of Pre-Employment Card Program in the following forms:

a. dissemination of information on the implementation of Pre-Employment Card Program;

b. provision of data on high-quality Training institution in each region;

c. provision of data on workforce demand by industries in the region; and

d. facilitation of registration and preference of Training type in the Pre-Emplojmient Card Program.

(2) In addition to the supports as referred to in section (1), Local Government may provide its support as follows:

a. Pre-Employment Card Program crowdfunding system; and/or

b. assistance for the Pre-Employment Card Program beneficiaries and small and medium enterprises.

(3) All expenses that are necessary for the Local Government to support the implementation of Pre-Employment Card Program are charged to the Regional Budget.

CHAPTER VII

CONTROL AND REPORTING

Article 29

(1) Control is performed to improve the management of PreEmployment Card Program.

(2) The control as referred to in section (1) is performed through:

a. internal control system; and

b. Pre-Emplo)Tnent Card Program effectiveness evaluation.

Article 30

(1) Executive Director of the Project Management Office reports the performance of the Project Management Office's duties to the Committee through the Project Team once in every 2 (two) months or anytime if necessary.

(2) Chairperson of Committee reports the performance of the Committee's duties to the President every 3 (three) months or anytime if necessary.

CHAPTER VIII

MISCELLANEOUS PROVISION

Article 31

In the implementation of the Pre-Employment Card Program, all ministries/institutions and Local Governments are obligated to provide their support to the implementation of this Presidential Regulation.

CHAPTER IX

CLOSING PROVISION

Article 32

This Presidential Regulation comes into force on the date of its promulgation. In order that every person may know hereof, it is ordered to promulgate this Presidential Regulation by its placement in the State Gazette of the Republic of Indonesia.

Issued in Jakarta

on 26 Februaiy 2020

PRESIDENT OF THE REPUBLIC OF INDONESIA,

signed

JOKO WIDODO

Promulgated in Jakarta

on 28 February 2020

 

MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA,

signed

YASONNA H. LAOLY