HR Internal Investigations 2026

INDONESIA Law and Practice Contributed by: Lia Alizia, Jonathan Andreas Sitorus and El Yefta Akwila, Alizia & Partners Law Office

8.2 Sexual Harassment and/or Violence Indonesia has specific protections related to allega - tions or suspicions of sexual harassment and/or vio -

tions. This procedure emphasises confidentiality and reconciliation while avoiding issues of liability and compensation. Informal complaints must be resolved within 30 days. In addition to a special committee, complaints can be submitted to trusted individuals, such as supervisors, trusted coworkers or officials trained to handle sexual harassment cases. Formal Procedure This involves a series of steps and procedures focused on proving the allegations. The formal procedure must include at least: • step-by-step guidelines and a timeline for report - ing and handling complaints (including interviewing the victim, gathering evidence and submitting an investigation report containing findings, evidence and recommendations to senior management or the employer); • an investigation conducted by a special committee consisting of senior managers and staff members trained in handling sexual harassment; and • an appeal process available for company deci - sions, if they are deemed unfair to the victim or perpetrator. The forms of victim protection usually provided include: • victim assistance; • protection through complaint services if industrial relations disputes arise within the company as a result of sexual violence in the workplace; and • victim recovery (including measures to ensure that victims do not face retaliation, and to support recovery from all impacts resulting from acts of sexual violence). There were no changes regarding these protections in 2024–25. 8.3 Other Forms of Discrimination and/ or Harassment Including Bullying and/or Mobbing Under Indonesian law, protections against discrimina - tion and harassment are primarily found in the Consti - tution of 1945, the Manpower Law, the Human Rights Law and KUHP, with specific safeguards for sexual

lence, namely: • Law 12/2022; • Guidelines 88/2023; and

• Government Regulation No 30 of 2025 concern - ing Prevention of Sexual Violence Crimes and The Handling, Protection, and Recovery of Victims of Sexual Violence Crimes (“GR 30/2025”). Guidelines 88/2023 distinguishes between “sexual violence” and “sexual harassment” in the workplace, as follows: • sexual violence is any act of degrading, insulting, harassing and/or attacking a person’s body and/ or reproductive functions due to unequal power relations and/or gender, which results or may result in psychological and/or physical suffering, includ - ing interference with a person’s reproductive health and loss of opportunity to work safely and opti - mally; and • sexual harassment is any unwanted sexual act, request to perform a sexual act, verbal or physi - cal act or gesture of a sexual nature, or any other behaviour of a sexual nature that makes a per - son feel offended, humiliated and/or intimidated, thereby disrupting the working conditions and environment. In general, victims of criminal acts (including victims of sexual violence) are protected by the Witness and Vic - tim Protection Agency ( Lembaga Perlindungan Saksi dan Korban LPSK). Specifically, in the workplace, companies are also required to establish a task force for the prevention and handling of sexual violence in the workplace. Protection is provided to employees who suffer physical, mental, economic and/or social losses as a result of sexual violence. In the workplace, there are two types of procedures for resolving sexual violence: formal and informal. Informal Procedure Complaints can be filed and handled informally to seek resolution without the need to prove the allega -

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