REGULATION OF THE MINISTER OF MANPOWER OF THE REPUBLIC OF INDONESIA NUMBER 6 OF 2020
IMPLEMENTATION OF DOMESTIC INTERNSHIPS
Considering
a) that domestic apprenticeship organizing as referred to in point a is the implementation of the provisions of Article 9 section (4) of Government Regulation Number 31 of 2006 on National Training System;
b) that the provisions in Regulation of the Minister of Manpower Number 36 of 2016 on Domestic Apprenticeship Organizing are no longer in accordance with the development and needs of organizing apprenticeship in the this country so they need to be replaced;
c) that based on the considerations as referred to in point a and point b, it is necessary to issue a Regulation of the Minister of Manpower on Domestic Apprenticeship Organizing;
Observing:
Article 17 section (3) of the 1945 Constitution of the Republic of Indonesia;
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);
Government Regulation Number 31 of 2006 on National Training System (State Gazette of the Republic of Indonesia of 2006 Number 67, Supplement to the State Gazette of the Republic of Indonesia Number 4637);
Presidential Regulation Number 18 of 2015 on Ministry of Manpower (State Gazette of the Republic of Indonesia of 2015 Number 19); Regulation of the Minister of Manpower Number 8 of 2014 on Guidelines for Organizing Competency-Based Training (State Gazette of the Republic of Indonesia of 2014 Number 586);
Regulation of the Minister of Manpower Number 8 of 2015 on Preparation Procedures for Making Draft Law, Draft Government Regulation, and Draft Presidential Regulation and Making Draft Ministerial Regulation in Ministry of Manpower (State Bulletin of the Republic of Indonesia of 2015 Number 411);
Regulation of the Minister of Manpower Number 13 of 2015 on Organization and Work Procedure of Ministry of Manpower (State Bulletin of the Republic of Indonesia of 2015 Ntimber 622) as amended several times and last hy Regulation of the Minister of Manpower Number 12 of 2019 on Second Amendment to Regulation of the Minister of Manpower Number 13 of 2015 on Organization and Work Procedure of the Ministry of Manpower (State Bulletin of the Republic of Indonesia of 2019 Number 870);
HAS DECIDED: REGULATION OF THE MINISTER OF MANPOWER ON IMPLEMENTATION OF DOMESTIC INTERNSHIPS.
CHAPTER I GENERAL PROVISIONS
Article 1
In this Ministerial Regulation:
1. Apprenticeship means part of a training system that is carried out in an integrated manner in trainings at training institutions by working directly tmder the guidance and supervision of competent instructors or workers in the process of producing goods and/or services in companies in order to master certain skills or expertise.
2. Domestic Apprenticeship means an apprenticeship organized by a company domiciled in the Republic of Indonesia.
3. Apprenticeship Organizer means a company that meets the requirements to organize apprenticeships in the coimtry.
4. Company means: a. every form of business, which is owned by an individual, a partnership, or a legal entity that is either privately or State-owned, that which employs Workers/Labourers by paying wages or other forms of compensation; b. social entity and other entities that have a management and employ other people by paying wage or other forms of compensation.
5. Training Unit means a unit that organizes training in the Company to meet both its own needs and the community needs.
6. Training Institution {Lembaga Pelatihan Kerja), hereinafter referred to as LPK means a government institution, legal entity or individual that meets the requirements for organizing the training.
7. Apprenticeship Agreement means a written agreement between the Apprenticeship participants and the Company.
8. Apprenticeship Mentors mean training personnel who are competent supervisors or workers appointed by the Apprenticeship Organizer to guide Apprenticeship participants in the Company.
9. Regency/Municipal Office means an institution that administers regency/municipal government affairs in the manpower sector.
10. Provincial Office means an institution that administers provincial government affairs in the manpower sector.
11. Director General means the director general who is responsible in the field of training and productivity.
Article 2
Apprenticeship Organizer can only accept domestic apprenticeship participants for a maximum of 20% (twenty percent) of the total number of workers in the company.
CHAPTER II REQUIREMENTS
Part One Requirements for Apprenticeship Organizer
Article 3
To organize an Apprenticeship, the Company must have:
a. Training Unit;
b. Apprenticeship program;
c. means eind infrastructures; and
d. Apprenticeship Mentor or instructor.
Article 4
(1) The Training Unit as referred to in Article 3 point a may belong to the Company or be based on cooperation with Training Units owned by other companies and/or LPK.
(2) The Training Unit as referred to in section (1) must have: a. management structure; b. Apprenticeship Mentor or instructor; and c. rooms of theory and simulation practice.
Article 5
(1) The Apprenticeship Program as referred to in Article 3 point b is prepared with reference to: a. Indonesian national work competency standards; b. specific work competency standards; and/or c. international work competency standards.
(2) The Apprenticeship Program as referred to in section (1) contains: a. name of the apprenticeship program; b. objectives of the Apprenticeship program; c. competencies to be achieved; d. period of the Apprenticeship; e. requirements for apprenticeship participants; f. requirements for apprenticeship Mentor; and g. curriculum and syllabus.
(3) The Apprenticeship Program as referred to in section (I) includes: a. theory and simulation practice; and b. work practices in the Company's production units.
(4) The provisions of theory and simulation practice as referred to in section (3) point a are implemented at least 10% (ten percent) and at most 25% (twenty-five percent) according to the curriculum and syllabus.
(5) The period of the Apprenticeship as referred to in section (2) point d is 1 (one) year.
(6) The Apprenticeship Program as referred to in section (1) is prepared in accordance with Format 1 as listed in the Annex as an integral part of this Ministerial Regulation.
Article 6
(1) The means and infrastructures as referred to in Article 3 point c consist of: a. rooms of theory and simulation practice; b. workshop; c. completeness of occupational safety and health equipment; and d. Apprenticeship participant logbook.
(2) The form of the logbook as referred to in section (1) point d is prepared in accordance with Format 2 as listed in the Annex as an integral part of this Ministerial Regulation.
Article 7
The Apprenticeship Mentor or instructor as referred to in Article 3 point d must meet the following requirements of:
a. being a worker of an Apprenticeship Organizer for at least 6 (six) months;
b. being physically and mentally healthy;
c. possessing technical competence in certain position in accordance with the Apprenticeship program;
d. possessing competency in training methodology;
e. being appointed as Apprenticeship Mentor by a personnel manager or higher position, by a proof of the appointment letter; and
f. imderstanding the Apprenticeship regulations.
Article 8
Apprenticeship Organizers are prohibited from including Apprenticeship participants who have participated in the Apprenticeship in the same program, position, and/or qualifications.
Part Two
Requirements for Apprenticeship Participants
Article 9
(1) Domestic Apprenticeship participants include: a. job seekers; or b. workers whose comi>etence will be improved.
(2) Apprenticeship participants as referred to in section (1), must meet the requirements of: a. being at least 17 (seventeen) years of for job seekers as referred to in section (1) point a; b. being physically and mentally healthy; and c. passing the selection.
(3) Apprenticeship participants who are 17 (seventeen) years of age as referred to in section (2) point a must attach a letter of consent from their parents or guardians.
CHAPTER III
APPRENTICESHIP AGREEMENT
Article 10
(1) Apprenticeship is organized on the basis of an Apprenticeship Agreement.
(2) The Apprenticeship Agreement as referred to in section (1) contains: a. rights and obligations of Apprenticeship participants; b. rights and obligations of the Apprenticeship Organizer; c. Apprenticeship program; d. the apprenticeship period; and e. allowance amount.
(3) An apprenticeship organized without an Apprenticeship Agreement as referred to in section (1) is deemed invalid and the apprenticeship participant status changes to become the concerned company worker.
(4) The form of the Apprenticeship Agreement as referred to in section (2) is in accordance with Format 3 as listed in the Annex as an integral part of this Ministerial Regulation. Article 11 In the event of a change in the status of an Apprenticeship participgints to become a Company worker as referred to in Article 10 section (3), the Apprenticeship Organizer is obligated to grant rights in accordance with the provisions of legislation, company regulations, or a collective labour agreement as of becoming an Apprenticeship participants.
Article 12
(1) The Apprenticeship Agreement as referred to in Article 10 must be ratified by the local Regency/Municipal Office.
(2) The ratification of the Apprenticeship Agreement as referred to in section (1) must attach the Apprenticeship program.
(3) Ratification of the Apprenticeship Agreement as referred to in section (1) must be completed within a maximum period of 3 (three) work days from the date the application for ratification is submitted to the Regency/Municipal Office.
CHAPTER IV RIGHTS AND OBLIGATIONS
Part One
Rights and Obligations of Apprenticeship Participants
Article 13
(1) Apprenticeship participants have the right to:
a. obtain guidance from an Apprenticeship Mentor or instructor;
b. obtain fulfillment of rights in accordance with the Apprenticeship Agreement;
c. obtain occupational safety and health facilities while participating in the Apprenticeship;
d. get allowance;
e. be enrolled in social security programs; and f. obtain an Apprenticeship certificate or a statement letter of Apprenticeship participation.
(2) The allowance as referred to in section (1) point d includes transportation fees, food allowances and incentives for Apprenticeship participants.
Article 14
Apprenticeship participants are obligated to: a. obey the Apprenticeship Agreement; b. participate in the Apprenticeship program to completion; c. obey the applicable rules at the Apprenticeship Organizer; and d. maintain the reputation of the Apprenticeship Organizer.
Part Two
Rights and Obligations of Apprenticeship Organizer
Article 15
The Apprenticeship Organizer has the right to:
a. use the work of the Apprenticeship participants; and
b. enforce rules and Apprenticeship Agreements.
Article 15
The Apprenticeship Organizers are obligated to:
a. guide Apprenticeship participants in accordance with the Apprenticeship program;
b. fulfill the rights of the Apprenticeship participants in accordance with the Apprenticeship Agreement;
c. provide personal protective equipment in accordance with occupational safety and health requirements;
d. provide eillowances to Apprenticeship participants;
e. enroll Apprenticeship participants in social security programs;
f. evaluate Apprenticeship participants; and
g. provide an Apprenticeship certificate or a statement letter of Apprenticeship participation.
CHAPTER V APPRENTICESHIP ORGANIZING
Article 17
(1) The company applies for approval for organizing the Apprenticeship by attaching the following documents: a. proof of Training Unit ownership or cooperation agreement; b. Apprenticeship program; c. list of means and infrastructures; d. list of Apprenticeship Mentors; e. Apprenticeship organizing plan; and f. draft Apprenticeship Agreement.
(2) The application as referred to in section (1) IS submitted in writing to: a. Director General for Organizing Apprenticeships in more than 1 (one) province; b. the head of the Provincial Office for Organizing Apprenticeships in more than 1 (one) regency/municipality within a province; or c. the head of the Regency/Municipal Office for Organizing Apprenticeships in 1 (one) regency/municipal area.
(3) Companies that have met the requirements as referred to in section (1) are issued with an approval letter for organizing Apprenticeship by the Director General, the head of the Provincial Office, or the head of the Regency/Municipal Office in accordance with their respective authority, not later than 3 (three) work days from the date the application is submitted and declared complete.
(4) Companies that have obtained the approval letter as referred to in section (3) may carry out the selection of prospective Apprenticeship participants. (5) The form of application for approval for organizing Apprenticeship as referred to in section (1) is in accordance with Format 4 as listed in the Annex as an integral part of this Ministerial Regulation.
Article 18
(1) The time for the organizing the Apprenticeship is adjusted to the office hours of the Company.
(2) In the event that the working time of shift system for night shifts are only allowed on the following conditions:
a. the age of Apprenticeship participants is at least 18 (eighteen) years old;
b. shuttle transportation is provided;
c. food in accordance with the specified nutritional standards is provided; and
d. the type of competence is required to be complied.
(3) The time for organizing the Apprenticeship as referred to in section (1) is not allowed on official holidays issued by the government.
Article 19
(1) To improve the smooth running of organizing Apprenticeship, an Apprenticeship network is formed.
(2) The Apprenticeship network as referred to in section (1) is a communication forum or forum consisting of elements from the Company, government, associations, LPK and other stakeholders to facilitate Apprenticeships.
Article 20
(1) The Apprenticeship Organizer must provide an Apprenticeship certificate after an Apprenticeship participant is declared to have met the competency standards set by the Company.
(2) In the event that the Apprenticeship participant does not meet the competency standards of the Company, the Apprenticeship Organizer provides a statement letter of Apprenticeship participation for the Apprentice participants.
(3) The form of the Apprenticeship certificate as referred to in section (1) is in accordance with Format 5 as listed in the Annex as an integral part of this Ministerial Regulation.
(4) The form of statement letter of Apprenticeship participation as referred to in section (2) is in accordance with Format 6 as listed in the Annex as an integral part of this Ministerial Regulation.
Article 21
Apprenticeship participants who have completed the entire Apprenticeship process can take a competency test to obtain a work competency certificate.
Article 22
Each stage in the Apprenticeship process is free of charge to the Apprenticeship participants.
Article 23
Apprenticeship participants who have obtained Apprenticeship certificates may:
a. be directly recruited as workers by a company organizing the apprenticeship;
b. work for a similar company; or c. run their own business.
Article 24
Apprenticeship for participants with disabilities is carried out by taking into account the special needs of participants with disabilities.
CHAPTER VI MONITORING AND EVALUATION
Article 25
(1) The Director General, the head of the Provincial Office, or the head of the Regency/Municipal Office in accordance with their resp>ective authority conducts periodic monitoring and evaluation every 6 (six) months on Apprenticeships.
(2) Head of Regency/Municipal Office as referred to in section (1) reports the results of monitoring and evaluation to the head of the Regency/Municipal Office with carbon copies to the Director General and the director general in charge of labor inspection.
(3) The Head of the Provincial Office as referred to in section (1) reports the results of monitoring and evaluation to the Director General and the director general in charge of labor inspection.
(4) Reporting on the results of monitoring and evaluation as referred to in section (2) and section (3) is made online or offline.
CHAPTER VII REPORTING
Article 26
(1) Apprenticeship Organizer are obligated to submit reports on the results of the Apprenticeship to; a. Director General with carbon copies to the head of Provincial Office for the Apprenticeships in more than 1 (one) province; b. the head of the Provincial Office with carbon copies the head of Regency/Municipal Office for Apprenticeships in more than 1 (one) regency/municipality within a province; or c. the head of the Regency/Municipal Office forApprenticeships in 1 (one) regency/municipal area.
(2) The report as referred to in section (1) is submitted online or offline not later than 1 (one) month after the Company has completed the Apprenticeship Program.
(3) The Head of the Provincial Office and the Head of the Regency/Municipal Office in accordance with their authority submit a report on the recapitulation of the Apprenticeship periodically eveiy 6 (six) months to the Director General.
CHAPTER VIII GUIDANCE AND SUPERVISION
Article 27
(1) Guidance for Domestic Apprenticeships is carried out by the Ministry of Manpower, Provincial Offices and Regency/Municiped Offlces in accordance with their respective authority. (2) Guidance as referred to in section (1) is carried out on: a. Apprenticeship program; b. Apprenticeship Mentor; and c. system and method of Apprenticeship.
Article 28
(1) Supervision of the Domestic Apprenticeships is carried out by labour inspectors.
(2) Supervision of the Domestic Apprenticeship as referred to in section (1) is carried out in accordance with the provisions of the legislation.
Article 29
In the event that labor inspectors find violations of labor norms in apprenticeships, the head of the work unit in charge of labor inspection recommends to the Director General, head of the Regency/Municipal Office, or head of the Provincial Office to take action in accordance with the provisions of the legislation.
CHAPTER IX CLOSING PROVISIONS
Article 30
At the time this Ministerial Regulation comes into force, the Minister of Manpower Regulation Number 36 of 2016 on Organizing Domestic Apprenticeship (State Bulletin of the Republic of Indonesia of 2016 Number 1895) is repealed and declared ineffective.
Article 31
This Ministerial Regulation comes into force on the date of promulgation. In order that everyone may know hereof, it is ordered to promulgate this Ministerial Regulation by its placement in the State Bulletin of the Republic of Indonesia
Issued in Jakarta
on 7 April 2020
MINISTER OF MANPOWER OF THE REPUBLIC OF INDONESIA,
signed
IDA FAUZIYAH
promulgated in Jakarta on 9 April 2020
DIRECTORATE GENERAL OF LEGISLATION MINISTRY OF LAW AND HUMAN RIGHTS OF THE REPUBUC OF INDONESIA,
signed
WIDODO EKATJAHJANA
STATE BULLETIN OF THE REPUBUC OP INDONESIA OF 2020 NUMBER 351
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