LABOUR RIGHTS INDEX 2022

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LRI 2022
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lri 2022 Country Profiles

Indonesia

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Indonesia’s overall score is 60.5 out of 100. The overall score for Indonesia is lower than the regional average observed across South East Asia (62.33). Within the South East Asia region, the highest score is observed for Viet Nam (75).

Indonesia ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1998 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1957.

Labour Rights Index 2022

60.5/100

LRI Country Score

0/100

Trade Union Indicator

12.99 %

Trade union density rate (%)

- %

Collective bargaining coverage rate (%)

-

SDG indicator 8.8.2

5

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

No

0

§28E (3), Indonesian Constitution 1945; §01 & 104, Manpower Act, 2003; §14 & 29 of the Trade Union Act, 2000

A

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§119 of the Manpower Act, 2003

A

Does the law provide for the right to strike?

No

0

§1(23), 137-145 of the Manpower Act, 2003; Minsiterial Decree No. 232 of 2003; USDOS CRHRP 2021

D

Does the law prohibit employers from terminating employment contracts of striking workers?

No

0

USDOS CRHRP 2021

D

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

To find an ITUC affiliate in your country, please check the LINK:

Violations

National Labour Legislation
§14 of the Trade Union Act, 2000

Article 14
(1) A worker/ laborer is not allowed to have membership in more than
one trade union/ labor union at one enterprise.
(2) In case a worker/ laborer at an enterprise turns out to have been
registered as a member in more than one trade union/ labor union,
he or she must make a written declaration stating the trade union/
labor union in which he chooses to retain his membership.

Violations

National Labour Legislation
§119 of the Manpower Act, 2003

Article 119
(1) In the case of a company having only one workers/labor union, the workers/labor
union shall entitle to represent workers/labor in negotiation about the making of
collecting working agreement with the entrepreneur if the number of its members is
more than 50% (fifty percent) or the total workers/labor in the said company.
(2) In the case of a company having only one workers/labor union as meant in paragraph
(1) but the number of its workers not exceeding 50% of the total workers/labor in the
said company, the workers/labor union can represent workers/labor in negotiation
with entrepreneur if the said workers/labor union gains support from more than 50%
(fifty percent) of the total workers/labor in the company through voting.
(3) In the case of the support as meant in paragraph (2) being not achieved, the said
workers/labor union can re-apply for negotiating collective working agreement with
entrepreneur after elapsing the 6 (six) months period as from the date of execution of
the voting by following the procedure as meant in paragraph (2).

Violations

US Department of States' Country Reports on Human Rights Practices 2021 (USDOS)
USDOS CRHRP 2021

The constitution provides for freedom of association but does not provide for the right of workers to form and join trade unions. The law states that workers may establish an Islamic labor council or a guild at any workplace, but the rights and responsibilities of these organizations fell significantly short of international standards for trade unions. In workplaces where workers established an Islamic labor council, authorities did not permit any other form of worker representation. The law requires prior authorization for organizing and concluding collective agreements. Strikes are prohibited in all sectors, although private-sector workers may conduct “peaceful” campaigns within the workplace. The law does not apply to establishments with fewer than 10 employees.

Violations

US Department of States' Country Reports on Human Rights Practices 2021 (USDOS)
USDOS CRHRP 2021

The constitution provides for freedom of association but does not provide for the right of workers to form and join trade unions. The law states that workers may establish an Islamic labor council or a guild at any workplace, but the rights and responsibilities of these organizations fell significantly short of international standards for trade unions. In workplaces where workers established an Islamic labor council, authorities did not permit any other form of worker representation. The law requires prior authorization for organizing and concluding collective agreements. Strikes are prohibited in all sectors, although private-sector workers may conduct “peaceful” campaigns within the workplace. The law does not apply to establishments with fewer than 10 employees.
Authorities did not respect freedom of association and the right to collective bargaining, and the government did not effectively enforce applicable laws. The government severely restricted freedom of association and interfered in worker attempts to organize. Labor activism is considered a national security offense for which conviction carries severe punishments up to and including the death penalty. The law does not prohibit antiunion discrimination and does not require reinstatement of workers fired for union activity. Penalties were not imposed for violations involving denials of civil rights, such as discrimination.