INDONESIA Law and Practice Contributed by: Indra Setiawan, Ridzky Firmansyah Amin, Marintan Panjaitan and Tifanny Natalia, ABNR Counsellors at Law
• reporting the employer to the authorities for crimes allegedly committed; • differences of opinion, religion, political orientation, ethnicity, colour, race, gender, physical condition or marital status; and • permanent disability, illness due to a work accident or illness due to occupational disease, for which the period of recovery cannot be ascertained (as attested to by a physician).
The burden of proof for anti-discrimination claims fol - lows the general civil procedural law, as it lies with the claimant. Under the Indonesian employment law, anyone apply - ing for a job has the same opportunity to obtain the job without being discriminated against on the grounds of gender, ethnicity, race, religion, or political orientation, in accordance with the person’s interest and capa - bility. Equal treatment also applies to persons with disabilities. Further, employees have the right to receive equal treatment without discrimination from their employer, and employers are obliged to provide their employ - ees with equal rights and responsibilities, free from discrimination on the basis of gender, ethnicity, race, religion, skin colour or political orientation. The Indonesian employment law imposes adminis - trative sanctions for violations of the discrimination rules. However, it does not specifically stipulate the damages/relief applicable in an anti-discrimination claim. Nevertheless, under the general tort provision in the Indonesian Civil Code, a person who commits an unlawful act that causes harm to another person must compensate that person for the damages caused. Alternatively, if an employee opts to file an employ - ment termination claim with an Industrial Relations Court, they may receive a severance package if the court accepts the claim. 8.3 Digitalisation An electronic court or e-court system has been estab - lished in Indonesian courts as a follow-up to Supreme Court Decree No 7 of 2022 on the Amendment to Regulation of the Supreme Court No 1 of 2019 on the Administration of Cases and Legal Proceedings in Courts Via Electronic Means, which stated that the administration and legal proceedings via electronic means shall apply to special civil law cases, includ - ing those under the Industrial Relations Court. The regulation of an e-court only applies to court proceed - ings before the Industrial Relations Court and does not regulate further regarding employment disputes undergoing bipartite negotiation, mediation, concili - ation, or arbitration.
8. Disputes 8.1 Wrongful Dismissal
Wrongful dismissal is regarded as termination of employment without valid reasons (as stipulated under the Indonesian employment law) or if the ter - mination is not carried out through proper procedure. The consequences of wrongful dismissal claims may include the following, subject to the consideration and discretion of the court judges on hearing and examin - ing the industrial relations dispute: • payment of the maximum amount in the severance package; • payment of wages during the period between termination and the issuance of a final and bind - ing court decision on the case (Industrial Relations Court or Supreme Court decision); and/or • annulment of the termination and reinstatement of the employee to their previous position. 8.2 Anti-Discrimination Indonesia has ratified the International Labour Organi - sation Convention No 111 of 1958 on Discrimination in Respect of Employment and Occupation. Thus, discrimination regulated in this Convention is suffi - cient grounds for an anti-discrimination claim. In other instances, it can encompass: • discrimination over a job opportunity and equal treatment from an employer; • discrimination in relation to the salary of male and female employees doing the same job; and • discrimination against an employee with HIV/AIDS.
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