INDONESIA Law and Practice Contributed by: Lia Alizia, Jonathan Andreas Sitorus and El Yefta Akwila, Alizia & Partners Law Office
to parties other than the management board of the company. When granting access to HR internal investigation reports, employers must safeguard the personal data of all parties involved, including witnesses, victims, whistle-blowers and respondents. 6.6 Communications to Authorities As outlined in 2.2 Communication to Authorities , should the findings reveal or strongly indicate that the respondent’s violation constitutes a criminal offence during an HR internal investigation, the HR internal investigator is required to report it to the relevant authority, where the conduct is based on the same legal grounds as set forth in 2.2 Communication to Authorities . Furthermore, it should be noted that fail - ure to report certain criminal offences is punishable by criminal sanctions. This provision generally applies if the respondent’s actions are classified as extraordinary crimes, such as conspiracy to threaten national security, terrorism, illegal use of narcotics or violations of public order. If evidence of such actions with a potentially significant impact is discovered during the HR internal investi - gation process, practically and theoretically, the HR internal investigator must report it immediately to the relevant authority. Prompt reporting is essential for the company to mitigate legal liability, particularly negligence, in the event that the reported conduct affects public security, as stated 2.2 Communication to Authorities . Depending on the alleged criminal offence committed by the respondent, there are sev - eral relevant authorities that may receive reports from the internal HR investigator: • general criminal acts under KUHP, such as robbery, fraud, embezzlement or sexual harassment, must be reported to the Indonesian National Police with jurisdiction over the location of the offence; and • special criminal acts such as corruption or money laundering are reported to the Corruption Eradica - tion Commission ( Komisi Pemberantasan Korupsi KPK) and/or the PPATK. Generally, the information that will be communicated to the authorities includes the findings of the investi -
gation and the company’s decision on the concluded matter. 6.7 Other Communications Concerning other parties to whom information about the conclusion of an HR internal investigation typi - cally is communicated, please see 6.4 Reports and 6.5 Information . 6.8 Disciplinary Measures If the result of the HR internal investigation substanti - ates the allegation, the respondent shall be subject to disciplinary action and/or sanctions imposed by the employer. Possible sanctions include: • a written warning; • demotion; • reduction of wages or benefits (where legally per - mitted); • suspension; • obligation to pay compensation (if applicable under law); and • termination of employment. The type of sanction will be determined based on the findings of the investigation report, particularly the severity of the violation and its impact on the compa - ny, and must comply with applicable labour laws and company regulations or collective labour agreements. 6.9 Other Measures Once the HR internal investigation is completed, the team prepares a written report that not only summa - rises the findings but also reflects on lessons for the organisation. Even if the allegations are not substanti - ated, the report often highlights areas where the com - pany can strengthen its processes to prevent similar issues in the future. These recommendations usually take the form of corrective and preventive actions (CAPAs) such as integrity training, employee devel - opment programmes or team-building initiatives. The goal is not only to address the specific case but also to foster a stronger culture of accountability and col - laboration across the company.
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