INDONESIA Law and Practice Contributed by: Lia Alizia, Jonathan Andreas Sitorus and El Yefta Akwila, Alizia & Partners Law Office
ered and consistent with company policies to reduce unnecessary risks to both the organisation and its people. 4.4 Protection of Other Employees The employer must take actions to protect other employees who may be involved directly or indirectly in the HR-investigated matter. For the same reasons outlined in 4.1 Protection of the Reporter and 4.2 Protection of the Respondent , other employees also hold the same rights as the reporter and the respond - ent under the prevailing laws, namely the Indonesian Manpower Law and Human Rights Law. Protective measures are not specifically regulated under the Indonesian Manpower Law or other relevant regulations. Therefore, in practice, steps commonly taken to safeguard other employees may include remote work arrangements, enhancing supervision or providing mentoring, and temporarily reassigning them to another unit or location. These measures should be explicitly regulated in company rules/regu - lations, collective labour agreement or employment contracts. The employer may provide protective measures for other employees who serve as witnesses during the HR internal investigation, particularly if there are potential threats to their physical safety, psychologi - cal well-being or personal rights. This obligation is in line with the employer’s duty to safeguard safety and ensure treatment consistent with human dignity, as stipulated in Article 86 of the Indonesian Manpower Law, as well as Article 30 of the Human Rights Law, which guarantees that every individual has the right to be free from any form of intimidation. Consequently, the employer could be held respon - sible if it does not protect these rights. Legal conse - quences for this could include a suit with the Industrial Relations Court if there are infringements of labour rights and possible administrative fines from authori - ties including, but not limited to, the Ministry of Man - power or the OJK, which oversees institutions in the banking, capital markets and insurance sectors, and requires the conduct of internal investigations in cases of suspected fraud as part of its mandatory anti-fraud compliance framework.
In addition to legal risk, employers will face other potential risks if they fail to protect witnesses. These include damage to the employer’s reputation and loss of trust between co-workers due to insufficient meas - ures of confidentiality. Such non-legal risks can sig - nificantly affect workplace dynamics and overall trust in the organisation. Protective measures for witnesses are meant to keep them safe from retaliation, intimidation or unfair treat- ment during an internal HR probe. Examples of the protective measures are temporary reassignment, limiting contact with the respondent or adjusting reporting lines. However, excessive or poorly applied measures could expose the employer to disputes over unfair treatment, breach of contract or defamation. 5. Procedural Requirements and Proof 5.1 Requirements There are no procedural guarantees that must be put in place under the prevailing laws. Article 6 of the Indonesian Manpower Law states that every work - er/labourer has the right to receive equal treatment without discrimination from the employer. Employ - ers are required to ensure that HR internal investiga - tions are carried out fairly and that the respondent receives equal rights and treatment throughout the process. This means that the investigation should fol - low clear and proper procedures, so that each step is conducted transparently and in accordance with the applicable rules. By doing so, employers can prevent procedural violations that may undermine the integrity of the investigation or affect its outcome. Employers should delineate clear procedural steps for HR internal investigations in company rules/regu - lations or collective labour agreements. These steps must be transparent and communicated to all par - ties involved. Ignoring procedural guarantees in HR internal investigations is not a minor oversight; it is a legal, regulatory and reputational risk. Employers in Indonesia must ensure that investigations are trans - parent, consistent and well‑communicated, not only to comply with the law but also to preserve workplace trust and organisational integrity.
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