With growing experiences of sexual violence in Indonesia over the past three years, and the enactment of Regulation No. 12 of 2022 (the Sexual Violence Regulation), which created particular offences for sexual violence, Indonesia’s Ministry of Manpower noticed the necessity to replace their 2011 tips on sexual harassment within the office.
The brand new tips had been issued final month via Minister of Manpower Decree No. 88 of 2023 on Pointers for Stopping and Dealing with Sexual Violence within the Office (the 2023 Pointers).
Beneath the 2023 Pointers, employers are required, amongst different issues, to create a process drive for stopping and coping with sexual violence at work.
Not like the 2011 tips, which targeted on sexual harassment, the 2023 Pointers are wider in ambit since they now cowl “sexual violence,” according to the Sexual Violence Regulation.
“Sexual violence” is outlined as any act that demeans, insults, harasses or assaults an individual’s physique or reproductive capabilities on account of an imbalance of energy or gender which ends or could lead to bodily or psychological hurt. This time period is broader than “sexual harassment,” and contemplates hurt within the type of interference with reproductive well being.
The 2023 Pointers recognise bodily and non-physical sexual harassment and “electronic-based sexual violence” as kinds of sexual violence that the majority ceaselessly happen on the office. The 2023 Pointers additionally present detailed examples of conduct which can quantity to harassment or violence.
“Sexual harassment” is outlined as any unwelcome sexual advance, request for sexual favours, verbal or bodily sexual conduct or gestures, and some other sexual conduct that might offend, humiliate or intimidate an individual.
Prevention of sexual violence
The 2023 Pointers encourage employers to take motion to stop sexual violence at work, utilizing steps broadly just like these set out within the 2011 tips. This will likely embrace, for example:
- implementing insurance policies stopping sexual violence on the office; and
- offering coaching on sexual violence at work.
The 2023 Pointers go a step additional by requiring employers to create a process drive to stop and take care of sexual violence at work. Employers that have already got a bipartite cooperation establishment (Bipartite LKS) could place the duty drive throughout the Bipartite LKS.
|A Bipartite LKS have to be shaped at any employer with a minimum of 50 staff and have to be registered with the native Manpower Workplace. It serves as a platform to debate issues regarding industrial relations at an organization. The Bipartite LKS is required to, amongst different issues, convene common conferences and facilitate communication between administration and staff with a purpose to stop relations points arising.|
The duty drive ought to have a minimum of three members (two of whom act as chairperson and secretary) and embrace representatives of each the administration and staff (or labour union). The duty drive shall be chargeable for:
- arranging and executing programmes associated to the prevention and dealing with of sexual violence;
- receiving and sustaining a report of sexual violence complaints;
- gathering info on the incidence of sexual violence on the office;
- offering suggestions to sufferer and employer on resolving complaints; and
- offering help to the sufferer.
Whereas the idea of a process drive to take care of sexual violence is just not new (the 2011 tips discuss with a panel for stopping sexual harassment), the 2023 Pointers are much more prescriptive by way of the institution, composition and obligations of the duty drive. Additionally they mandate the creation of the duty drive, although there are not any particular penalties for failure to take action.
Other than establishing a process drive, the 2023 Pointers additionally advocate that employers present applicable amenities to stop sexual violence at work, together with workspaces and break rooms with adequate lighting, and CCTV surveillance.
The Indonesian authorities’s extra proactive strategy to addressing sexual violence on the office is a well timed and welcome growth. In the previous couple of years, we have now seen a rise in office sexual harassment complaints throughout Asia, and notably in Indonesia. That is according to the Worldwide Labor Organisation’s 2022 Report on Sexual Violence and Harassment within the Office in Indonesia (the ILO Report), which reported that greater than 70% of the 1173 people surveyed reported struggling sexual violence at work.
The 2023 Pointers are a useful reminder for employers to make sure that their insurance policies are efficient in each stopping and coping with sexual violence. In our expertise, a key threat is the failure to incorporate sexual harassment and violence as a type of misconduct that warrants termination of employment with out discover (alasan mendesak) in both the employment contract or the corporate laws (or collective labour settlement, as applicable). That omission considerably limits an employer’s choices when coping with substantiated instances of sexual harassment and violence.
That stated, the suggestions within the 2023 Pointers must be tailor-made to the actual circumstances. As an example, whereas establishing a process drive is beneficial in making certain consistency throughout all sexual harassment and sexual violence instances, employers must also contemplate how you can take care of a criticism made in opposition to a member of the duty drive itself, or in opposition to an worker who’s extra senior than the duty drive chairperson. In such conditions, the duty drive could not be capable of deal with the criticism successfully.
Employers ought to:
- organize common coaching for all staff, notably these in satellite tv for pc places of work and distant amenities. Workplaces removed from the top workplace could face much less oversight and reporting of inappropriate behaviour, and lack available sources to handle complaints. Communication challenges and differing office cultures additionally typically exist between the primary vs satellite tv for pc places of work;
- arrange a process drive as really helpful within the 2023 Pointers, making certain that staff find out about and have entry to confidential reporting channels; and
- have a transparent and accessible (eg on the corporate intranet or a bodily bulletin board) anti-harassment coverage and ship common reminders (eg although inside e mail communications) on the employer’s stance in opposition to sexual harassment. Employers may also incorporate applicable examples from the Sexual Violence Regulation to make clear the coverage additional.