Richard D. Emmerson has written an article on Discrimination Law in Indonesia for the Corporate LiveWire Expert Guide on Discrimination Law and Equality 2014.
As Richard notes, Indonesia does not have an overarching anti-discrimination law. Rather, a patchwork of laws and sector-specific regulations prohibit discrimination and encourage equality.
The relevant laws include:
- the 1945 Constitution
- the Labor Law (Law No. 13 of 2013 on Labor)
- Law No. 21 of 1999 and Law No. 80 of 1957
- Law No. 4 of 1997 on Disabled People and
- Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination.
These laws stipulate that all Indonesian shall have equal opportunity without discrimination to obtain work and shall be entitled to equal treatment from the employer without discrimination.
They also cover more specific issues that all employers must be aware of such as employment background investigations, leaves of absence, harassment, privacy and union activity.
Richard Emmerson is a senior foreign advisor at SSEK Legal Consultants. He is widely recognized as a leading labor and employment lawyer and has been endorsed by Who's Who Legal, Chambers Asia, IFLR 1000 and Asia Law & Practice. Richard also has been endorsed as a leading practitioner in corporate and commercial law, M&A, real estate, corporate restructuring and corporate governance.
To read the full article on Discrimination Law in Indonesia, click here.