INDONESIA Law and Practice Contributed by: Lia Alizia, Jonathan Andreas Sitorus and El Yefta Akwila, Alizia & Partners Law Office
8.4 Criminal Cases If an allegation in the workplace amounts to a crimi - nal act, employers are expected to report it to the police and co-operate with the authorities. In cases of sexual violence, companies must also activate their internal task force, as required by Guidelines 88/2023, while ensuring confidentiality and protec - tion for victims and whistle-blowers. Once criminal charges are filed, the matter is handled under crimi - nal procedure, but employers should still safeguard employees, avoid obstructing justice and document their actions carefully. Beyond compliance, employ - ers need to consider industrial relations, reputational risks and the well‑being of victims when dealing with criminal allegations. 8.5 Multi-Jurisdictional HR Internal Investigations Special Procedures When employers carry out internal investigations, they must ensure compliance with Indonesian manpower laws, data protection rules and criminal procedure, especially if the allegations involve criminal conduct. Employee rights under Indonesian manpower laws should be respected, and investigations should avoid any form of discrimination. If the case concerns sexual violence or harassment, companies are required to activate the Task Force for Prevention and Handling of Sexual Violence under Guidelines 88/2023. Other Considerations Data privacy is a key issue. The Electronic Information and Transactions Law prohibits unauthorised access, transfer or disclosure of personal data, meaning employers must obtain consent before transferring employee information across borders. Where criminal allegations are involved, employers must co-operate with the police or the LPSK. At the same time, employ - ers need to handle investigations with care so they do not unintentionally create workplace conflicts or give
violence under Law 12/2022 and Guidelines 88/2023. While bullying and mobbing are not explicitly defined in legislation, related acts such as defamation, threats or intimidation may be prosecuted under general KUHP provisions. When such violations occur in digi - tal form, they fall under Law No 1 of 2024, the Second Amendment to Law No 11 of 2008 on Electronic Infor - mation and Transactions (the “Second Amendment of Electronic Information and Transactions Law”). The Manpower Law prohibits discrimination based on religion, gender, race, ethnicity, disability and other characteristics, and employers are barred from dis - missing workers on these grounds. Additional protec - tions include whistle-blower safeguards in sexual vio - lence cases, complaint services and victim recovery measures. The criminal provisions stipulated in KUHP and the Second Amendment of Electronic Information and Transactions Law are as follows: • Article 433 (1) of KUHP – any person who verbally attacks the honour or reputation of another person by accusing them of something, with the intention of making it known to the public, shall be punished for defamation with a maximum imprisonment of nine months or a maximum category II fine; and • Article 27 (1) of the Second Amendment of Elec - tronic Information and Transactions Law – any person who intentionally and without authorisation broadcasts, displays, distributes, transmits and/ or makes accessible electronic information and/ or electronic documents containing content that violates decency for public knowledge shall be subject to sanctions. Through Circular Letter No M/6/HK.04/V/2025, the Ministry of Manpower has reaffirmed that recruitment must be free from discrimination. Employers are pro - hibited from applying discriminatory practices of any kind during hiring. Age requirements may only be imposed in specific cases where the nature of the job objectively affects performance, and provided they do not reduce employment opportunities for applicants. This reinforces the principle of fairness and inclusivity in Indonesia’s recruitment process.
rise to claims of unfair treatment. Restrictions on Foreign Employers
Foreign employers conducting HR investigations in Indonesia must follow local labour and data protec - tion rules. Legally speaking, foreign nationals are prohibited from handling HR-related issues, includ - ing HR internal investigations. Conversely, Indonesian
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