Considering: that in order to implement Article 178 section (3) of Law Number 13 of 2003 on Manpower, it is necessary to issue the Presidential Regulation on Labour Inspection;
Observing:
1. Article 4 section (1) of
the 1945 Constitution of the Republic of Indonesia;
2. Law Number 3 of 1951 on
Statement of Enactment of Law on Labour Inspection Number 23 of 1948 from the Republic
of Indonesia for All Indonesians (State Gazette of the Republic of Indonesia of
1951 Number 4);
3. Law Number 13 of 2003 on
Manpower (State Gazette of the Republic of Indonesia of 2003 Number 39, Supplement
to the State Gazette of the Republic of Indonesia Number 4279);
4. Law Number 21 of 2003 on
Ratification of the ILO Convention No. 81 concerning Labour Inspection in Industry
and Commerce (State Gazette of the Republic of Indonesia of 2003 Number 91,
Supplement to the State Gazette of the Republic of Indonesia Number 4309);
5. Law Number 32 of 2004 on
Local Government (State Gazette of the Republic of Indonesia of 2004 Number 125,
Supplement to the State Gazette of the Republic of Indonesia Number 4437) as
amended several times and last by Law Number 12 of 2008 (State Gazette of the Republic
of Indonesia of 2008 Number 59, Supplement to the State Gazette of the Republic
of Indonesia Number 4844);
6. Government Regulation Number 79 of 2005 on Guideline for the Fostering and Supervision of Local Government Administration (State Gazette of the Republic of Indonesia of 2005 Number 165, Supplement to the State Gazette of the Republic of Indonesia Number 4593);
7. Government Regulation
Number 38 of 2007 on Division of Government Affairs between the Government, Provincial
Government, and Regency/ Municipal Government (State Gazette of the Republic of
Indonesia of 2007 Number 82, Supplement to the State Gazette of the Republic of
Indonesia Number 4741);
8. Government Regulation
Number 7 of 2008 on Deconcentration and Assistance Task (State Gazette of the
Republic of Indonesia of 2008 Number 20, Supplement to the State Gazette of the
Republic of Indonesia Number 4816).
HAS DECIDED:
To Issue: PRESIDENTIAL
REGULATION ON LABOUR INSPECTION.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Presidential
Regulation:
1. Labour Inspection means
an activity to inspect and enforce the implementation of the legislation in the
field of manpower.
2. Work unit of labour
inspection in the institution with the scope of task and responsibility of the
manpower within the Central Government means the work unit of labour inspection
in the Ministry that carries out the manpower affairs in accordance with the
provision of legislation.
3. Work unit of labour
inspection in the institution with the scope of task and responsibility of the
manpower within the Provincial Government means work unit of labour inspection
within the Provincia] Task Force that carries out the manpower aiTairs in
accordance with the provision of legislation.
4. Work unit of labour
inspection in the institution with the scope of task and responsibility of the
manpower within the Regen<y/Municipal
Government means work unit of labour inspection within the Regency/Municipal
Task Force that carries out the manpower affairs in accordance with the
provision of legislation.
5. Labour Inspection Officer
hereinafter referred to as Labour Inspector means a Civil Servant appointed and
assigned in the functional position as Labour Inspection in accordance with the
provision of legislation.
6. Minister means the
Minister responsible for manpower affairs.
Article 2
Labour inspection is carried
out in a harmonized, coordinated, and integrated labour inspection system that
covers:
a. Work unit of labour
inspection;
b. Labour Inspector; and
c. Procedure of labour
inspection.
CHAPTER II
WORK UNIT OF LABOUR
INSPECTION
Article 3
(1) Labour inspection is
carried out by the work unit of labour inspection in the institution with scope
of task and responsibility in the manpower field within the Central Government,
Provincial Government, and Regency/Municipal Government.
(2) To carry out the labour
inspection as referred to in section (1), functional positions of labour
inspection are established in the organization of the work unit of labour inspection
in the institution with scope of task and responsibility in the manpower field
within the Central Government, Provincial Government, and Regency/Municipal
Government.
(3) The provisions regarding
the establishment of the work unit of labour inspection as referred to in
section (1) and section (2) are regulated in accordance with the provision of
legislation.
Article 4
Work unit of labour
inspection in the institution with scope of task and responsibility in the
field of manpower within the Central Government, Provincial Government, and Regency/Municipal
Government in carrying out the labour inspection supported by means and
infrastructure in accordance with the provision of legislation.
Article 5
(1) Labour inspection by
work unit of labour inspection in the institution with scope of task and
responsibility in the field of manpower within the Central Government, Provincial
Government, and Regency/Municipal Goverrunent, is carried out in coordination.
(2) The coordination between
the work unit of labour inspection as referred to in section(l) is carried out through:
a. Coordination at the
National Level;
b. Coordination at the
Provincial Level.
Article 6
(1) Work unit of labour
inspection in the institution with scope of task and responsibility in the
field of manpower within the Central Government undertakes a Coordination
Meeting at the National level to be attended by all work unit of labour
inspection in the institution with scope of task and responsibility in the
field of manpower within the Provincial Government and Regency/Municipal
Government at least once in a year.
(2) In the Coordination
Meeting at the National level as referred to in section (1), the work unit of
labour inspection in the institution with scope of task and responsibility in
the field of manpower within the Central
Government, may include
other relevant government institution and/or other parties as considered
necessary.
Article 7
The result of the
Coordination Meeting at the National level as referred to in Article 6 becomes
the guidance for the implementation of the Coordination at the Provincial
Level.
Article 8
(1) The work unit of labour
inspection in the institution with scope of task and responsibility in the
field of manpower within the Provincial Government undertakes a Coordination
Meeting at the National level to be attended by all work unit of labour
inspection in the institution with scope of task and responsibility in the
field of manpower within the Regency/Municipal Government in the relevant
Province at least once in a year.
(2) In the Coordination
Meeting at the Provincial level as referred to in section (1), the work unit of
labour inspection in the institution with scope of task and responsibility in
the field of manpower within the Provincial Government, may include Government
and relevant Local Government institution and/or other parties as considered
necessary.
Article 9
(1) The result of the
Coordination Meeting at the Provincial Level as referred to in Article 8
becomes the guidance for the implementation of the labour inspection in the
work unit of labour inspection in the institution with scope of task and
responsibility in the field of manpower within the Regency/Municipal
Government.
(2) In order to implement
the labour inspection as referred to in section (1), the work unit of labour
inspection in the institution with scope of task and responsibility in the field
of manpower within the Regency/Municipal Government may undertake operational
technical meeting.
Article 10
(1) The results of labour
inspection implementation at the Regency/Municipal level are reported to the Regents/Mayors.
(2) The Regents/Mayors
report the results of the labour inspection implementation in their regions to
the Governor.
Article 11
(1) The results of labour
inspection implementation at the Provincial level are reported to the
Governors.
(2) The Governors report the
results of the labour inspection implementation in their regions to the
Minister with a copy to Minister of Home Affairs.
Article 12
Minister reports the result
of labour inspection implementation nationally to the President.
Article 13
Further provisions regarding
the coordination of the work unit of labour inspection in the institution with
scope of task and responsibility in the field of manpower within the Central Government,
Provincial Government, and Regency/Municipal Government and the procedure of
reporting of the labour inspection are regulated by the Minister by taking into
account the provisions of the legislation.
CHAPTER III
LABOUR INSPECTORS
Article 14
(1) The labour inspection is
carried out by the Labour Inspector who has competency and independency.
(2) The Labour Inspector as
referred to in section (1) is appointed in accordance with the provision of
legislation.
Article 15
(1) In order to fulfill the
needs of the Labour Inspector, availability of the Labour Inspection is
prepared.
(2) The preparation of the
availability of the Labour Inspection as referred to in section (1) is
conducted through:
a. Recruitment of new Civil
Servant as Labour Inspector;
b. Empowerment of Civil
Servant to be Labour Inspector.
(3) The availability of the
Labour Inspector as referred to in section (1) and section (2) is implemented
in accordance with the provision oflegislation.
Article 16
(1) Minister determines the
Need Plan of the Labour Inspector nationally.
(2) The determination of the
Need Plan of the Labour Inspector nationally as referred to in section (1) is implemented
at the latest 1 (one) year since the issuance of this Presidential Regulation
and to be adjusted regularly once in a year.
(3} Further provisions
regarding the Need Plan of the Labour Inspector as referred to in section (1)
and section (2) are regulated by the Minister.
Article 17
(1) In order to achieve
effective and successful Labour Inspector, quality improvement of the Labour
Inspector is carried out.
(2) The quality improvement
of the Labour Inspector as referred to in section (1) is implemented through education
and training in accordance with the provision of legislation.
Article 18
The institution with scope
of task and responsibility in the field of manpower within the Central
Government conducts the development of the functional Labour Inspector in accordance
with the provision of legislation.
Article 19
(1) Labour Inspectors have a
duty to conduct labour inspection.
(2) In addition to the duty
as referred to in section (1)» the Labour Inspectors have the authority as
Civil Servant Investigators in accordance with the provision of legislation.
Article 20
In performing their duty and
authority, the Labour Inspectors are obligated to:
a. keep all materials
confidential that according to its nature should be confidential;
b. do not misuse their
authority.
Article 21
The provisions regarding the
rights, obligations, duties, and authorities of the Labour Inspector are
implemented in accordance with the provision of legislation.
CHAPTER IV
PROCEDURE OF LABOUR
INSPECTION
Article 22
(1) The work unit of labour
inspection in the institution with scope of task and responsibility in the
field of manpower within the Central Government, Provincial Government, and
Regency/Municipal Government conducts the labour inspection in accordance with
its authority of which the implementation is carried out by the Labour
Inspector.
(2) The procedure of labour
inspection as referred to in section (1) is carried out in accordance with the legislation.
Article 23
(1) In the event that there
is an issue to the implementation of the labour inspection in the Provincial
and/or Regency/Municipal level that has impact at the national or international
level, then the work unit of labour inspection in the institution with scope of
task and responsibility in the manpower field within the Central Government
takes necessary steps to solve the labour inspection issue.
(2) The implementation of
the provision as referred to in section (1) is conducted in coordination with
the institution with scope of task and responsibility in the manpower field
within the Provincial Government and Regency/Municipal Government where the
problem occurs.
CHAPTER V
LABOUR INSPECTION
DEVELOPMENT
Article 24
(1) The work unit of labour
inspection in the institution with scope of task and responsibility in the
field of manpower within the Central Government develops labour inspection to
the work unit of labour inspection in the institution with scope of task and
responsibility in the Reld of manpower within the Provincial Government and Regency/Municipal
Government.
(2) In order to develop the
work unit of labour inspection in the institution with scope of task and responsibility
in the field of manpower within the Regency/Municipal Government as referred to
in section (1), Minister may delegate the implementation to the Governor in accordance
with the provision of legislation.
Article 25
The labour inspection
development as referred to in Article 24 aims to support the ability of the
work unit of labour inspection in the institution with scope of task and responsibility
in the field of manpower within the Provincial Government, and Regency/
Municipal Government in conducting the labour inspection as its authority.
Article 26
The labour inspection
development as referred to in Article 25 includes the area of:
a. institutional affairs;
b. human resources of the
Labour Inspector;
c. means and infrastructure;
d. funding;
e. administration;
f. information system of
labour inspection.
Article 27
The labour inspection
development as referred to in Article 26 is conducted through:
a. mentoring;
b. consultation;
c. counseling;
d. supervision and
monitoring;
e. dissemination;
f. education and training;
g. accompaniment of the
labour inspection implementation;
h. other activities for
development purposes.
Article 28
Further provisions regarding
the labour inspection development as referred to in Article 24, Article 25,
Article 26, and Article 27, are regulated by taking into account the provisions
of the legislation.
Article 29
(1) In the event that the
work unit of labour inspection in the institution with scope of task and
responsibility in the field of manpower within the Provincial Government and Regency/Municipal
Government do not have capability yet after the labour inspection development
is conducted, then temporarily the labour inspection is conducted by the work
unit of labour inspection in the institution with scope of task and
responsibility in the field of manpower within the Central Government.
(2) The work unit of labour
inspection in the institution with scope of task and responsibility in the
field of manpower within the Central Government re-hands over the labour inspection
matter as referred to in section (1), if the work unit of labour inspection in
the institution with scope of task and responsibility in the field of manpower
within the Provincial Government and Regency/Municipal Government has
capability to conduct labour inspection.
(3) The implementation of
the provision as referred to in section (1) and section (2) is conducted in
accordance with the provision of legislation.
CHAPTER VI
INFORMATION NETWORK OF
LABOUR INSPSECTION
Article 30
In the framework of labour
inspection, information network of labour inspection is established as an
integral part of information system of labour inspection.
Article 31
Information network of
labour inspection has the function of:
a. means to serve
information;
b. improving publication and
understanding of the knowledge in the field of labour inspection.
Article 32
(1) Information network of
the labour inspection consists of:
a. network centre;
b. network member.
(2) The network centre as
referred to in section (1) point a is a work unit of labour inspection in the
institution with scope of task and responsibility in the field of manpower within
the Central Government.
(3) The network member as
referred to in section (1) point b
a. the work unit of labour
inspection in the institution with scope of task and responsibility in the manpower
field within the Provincial Government;
b. the work unit of labour
inspection in the institution with scope of task and responsibility in the field
of manpower within the Regency/Municipal Government.
Article 33
The work unit of labour
inspection in the institution with scope of task and responsibility in the
field of manpower within the Provincial Government acts as the network centre in
the Province with the network member of the work unit of labour inspection in
the institution with scope of task and responsibility in the field of manpower
within the Regency/Municipal Government.
Article 34
The provisions regarding the
form, content, and management of data and information in the information
network of the labour inspection are regulated by the Minister.
Article 35
(1) The work unit of labour
inspection in the institution with scope of task and responsibility in the Qeld
of manpower within the Central Government as the network centre has duty to
conduct development, development, monitoring to the information network member
of labour inspection.
(2) The implementation of
the provision as referred to in section (1) is further regulated by the
Minister.
Article 36
(1) Other parties may be the
information network members of the labour inspection.
(2) Further provisions
regarding the requirement and procedure to be information network members of
labour inspection as referred to in section (1) are regulated by the Minister.
Article 37
All costs required for the
implementation of the information network of labour inspection are borne to the
network centre budget and each of information network member of labour inspection,
CHAPTER VII
MISCELLANEOUS PROVISIONS
Article 38
(1) For purpose of labour
inspection, the Minister may undertake:
a. international cooperation
in the field of labour inspection;
b. granting of award; and
c. development of labour
inspection system,
(2) The implementation of
the provision as referred to in section (1) is further regulated by the
Minister.
CHAPTER VIII
CLOSING PROVISION
Article 39
This Presidential Regulation
comes into force on the date of its issuance.
Issued in Jakarta
on 19 March 2010
PRESIDENT OF THE REPUBLIC OF
INDONESIA,
signed
DR. H. SUSILO BAMBANG
YUDHOYONO
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