JAKARTA - The draft Manpower Law (RUU) which is currently being discussed by the DPR RI together with the government expands the criminal provisions for employers. A number of violations that were previously in the administrative category have the potential to be changed into criminal acts.
The expansion of the criminal provision has come under the spotlight as it emerged amid legal certainty and consistency in law enforcement issues that are still of concern to investors.
In Law Number 13 of 2003 concerning Employment, the criminal provisions are only contained in six articles. Meanwhile, in the Employment Bill currently being discussed, the number of articles containing criminal provisions is said to reach 33 articles.
This condition is considered potentially changing the character of the labor law to be more repressive because more and more violations that were previously categorized as administrative violations can lead to criminal proceedings.
In the previous labor regulations, the criminal provisions were mainly aimed at serious and fundamental violations. For example, the exploitation of child workers, the abandonment of the right to wages, and the use of foreign workers (TKA) without a permit.
For these violations, employers can be immediately subject to criminal sanctions. However, in the Employment Bill currently being discussed, the criminal provision potentially includes a number of administrative obligations.
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