INDONESIA Law and Practice Contributed by: Lia Alizia, Jonathan Andreas Sitorus and El Yefta Akwila, Alizia & Partners Law Office
3.9 Minutes Minutes are typically taken in Indonesia. In HR internal investigations, documentation is critical for transpar - ency and fairness, and to protect the company against disputes. Minutes (or interview notes) serve as evi - dence of what was discussed. Companies usually require investigators to record the date, participants, questions and answers. Summarised minutes are common. HR teams often prepare summaries focusing on key points, responses and findings. Summaries should be accurate, neu - tral and free of interpretation to avoid claims of bias. Interviewees should be given the chance to review the minutes, especially if the interview is part of a discipli - nary process. This promotes equity and provides the interviewee with an opportunity to rectify any errors. Although it is not required by Indonesian labour leg - islation, many companies implement this practice to comply with the due process standards set forth in the Indonesian Manpower Law. In HR internal investigations, signatures are not legally required but are often requested to confirm acknowl - edgment. If the interviewee refuses to sign, the inves - tigator should note the refusal and have witnesses In Indonesia, HR internal investigation interviews may be recorded if the employee agrees, though this is uncommon. Companies generally depend on written notes or minutes as the official record. When record - ings are made, transcripts can be produced and are usually shared only with HR, legal teams or senior management. If recording is not allowed, accuracy and compliance are maintained through signed min - utes, confidentiality undertakings and the use of secure platforms for remote sessions. The sharing of transcripts must comply with the Indo - nesian Data Protection Law, as they contain private and personal data. Accordingly, transcripts may only be provided to parties directly relevant to the mat - ter (on an informed consent basis). In practice, this means that transcripts are typically shared with the internal investigators, internal or external legal coun - sel (if engaged), the decision-maker (such as a senior present, if possible. 3.10 Recording
manager or the board of directors) and, where, appro - priate, the interviewee. 3.11 Other Fact-Finding Indonesian HR investigations rely on interviews, docu - ments, digital evidence and witness statements, all handled with consent, confidentiality and compliance. Practices like secret recording or unlawful surveillance are not allowed. Employers/companies should spe - cifically observe Indonesian manpower and personal data protection laws. Other types of fact finding that must, or may, be used, and steps to be taken to gather or preserve the neces - sary evidence, include: • document review; • employment contracts, company policies, codes of conduct and internal regulations; • emails, memos and correspondence relevant to the case; • financial records or expense claims if misconduct involves fraud or misuse of funds; • digital evidence collection; • review of company IT systems (eg, access logs, system usage, CCTV footage); • examination of work devices (laptops, phones) subject to company policy and employee consent; and • preservation of electronic communications (chat logs, messaging apps) if company-owned. Certain types of fact finding may not be used: • secret recording – covert audio or video recording without consent is considered a privacy violation; • surveillance outside the workplace – monitoring employees in private settings is not permitted; • illegally obtained evidence – accessing personal accounts, hacking devices or coercing employees to provide information is unlawful and inadmissible; and • discriminatory practices – investigations cannot target employees based on protected character - istics such as gender, religion, ethnicity or union membership.
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