Province Banten’s 2018 Municipal Minimum Wage (UMK) and Postponement Decrees

The Governor of Banten has set the 2018 Municipal Minimum Wage (UMK – Upah Minimum Kabupaten/Kota) by issuing the Decision No. 561/ Kep.442-Huk/2017 dated November 20, 2017. The list is as follow:

Gubernur Banten telah menetapkan Upah Minimum Kabupaten/ Kota tahun 2018 dengan mengeluarkan Keputusan No. 561 / Kep.442-Huk / 2017 tanggal 20 November 2017. Daftarnya adalah sebagai berikut:

  1. District of Pandeglang: IDR 2,353,549.14 per month (US$ 174.23)*
  2. District of Lebak: IDR 2,312,384.00 per month (US$ 171.19)
  3. City of Serang: IDR 3,116,275.76 per month (US$ 230.70)
  4. City of Cilegon: IDR 3,622,214.61 per month (US$ 268.15)
  5. District of Tangerang: IDR 3,555,834.67 per month (US$ 263.24)
  6. City of Tangerang: IDR 3,582,076.99 per month (US$ 265.18)
  7. City of Tangerang Selatan: IDR 3,555,834.67 per month (US$ 263.24)
  8. District of Serang: IDR 3,542,713.50 per month (US$ 262.27)

*as per the 24 November 2017 middle exchange rate

Based on the Decree of Banten Governor No. 561.1 / Kep.10-Huk / 2018, nineteen companies domiciled in Banten province may suspend the implementation of city/district 2018 minimum wage for 12 months.

After the period of suspension is over, the companies must repay the wage shortage in accordance with the Constitutional Court Decision No. 72 / XIII / 2015.

List of companies that have been deferred to pay the 2018 minimum wage are included in the decree below.

Berdasarkan Surat Keputusan Gubernur Banten No. 561.1/Kep.10-Huk/2018, sembilan belas perusahaan yang berdomisili di provinsi Banten dapat menangguhkan pelaksanaan upah minimum kota/kabupaten 2018 selama 12 bulan.

Setelah masa penangguhan selesai, perusahaan-perusahaan tersebut harus membayar kembali kekurangan upah sesuai dengan Keputusan Mahkamah Konstitusi No. 72/XIII/2015.

Daftar perusahaan-perusahaan yang mendapat penangguhan upah minimum terlampir dalam SK dibawah ini.






Indonesian Labour Regulations Profile -Volume I

Indonesian Labour Regulations Profile or ILRP is a compilation of Indonesian labour laws and regulations references.  It is the first volume of the Indonesian Labour and Environment Regulations Profile series -the second volume of Safety and Health and Environmental laws and regulations references will be launched soon.

The document can be utilized as benchmarks in order to ascertain labour compliance in private and non-private organizations, as legal guidance and regulations reference of labour compliance assessment, reference for academic research in the area of labour and employment or one of the primary data in human resources investment-related risks analysis.

ILRP comprises of six chapters as follows:

  1. Child Labour
  2. Forced Labour
  3. Discrimination
  4. Freedom of Association and Industrial Relations
  5. Working Conditions: Working Time, Working Time Arrangements for Certain Sector, Wages, Compensation and Benefits, Employment Relationship, Subcontracting and Outsourcing, and Termination and Resign
  6. Labour Administration.

The document comes in pdf to simplify document sharing within your organization and networks.


ILRP Volume I

Once the payment is verified, we will send you the ILRP and the purchase invoice to your designated email within 1-3 business day.


The President Regulation No. 20 of 2018 on the Employment of Foreign Workers/Expatriates

The Indonesian government asserts that in order to support the national economy and the expansion of employment opportunities through increased investment, it considers the importance to deregulate foreign migrant workers employment. Thus, on 26 March 2018, President Joko Widodo signed the Presidential Regulation No. 20 of 2018 on the Use of Foreign Migrant Workers. The writer asserts that most likely the Presidential Regulation is issued to align national regulations to the principle of ASEAN economic community which is liberating trade barrier and labour market within the ASEAN countries.

The Presidential Regulation states that foreign migrant workers can be employed for certain positions and at certain times, which is done with due regard to domestic labor market conditions. Further, employer of foreign migrant workers, according to this Presidential Regulation, shall prioritize Indonesian in all types of positions available. In the situation that positions in question cannot be occupied by Indonesian, they may be occupied by foreigners.

Limitation on the type of work or position that prohibited for foreign migrant workers is that they cannot hold any Human Resources position or certain work or level determined by Minister (of Manpower?). This restriction is stipulated in the Article 4 paragraph (1,2) of the respective Presidential Regulation.

The Presidential Regulation also stipulates that employers in certain sectors may employ foreign workers who are employed by another employer in the same position, no later than the expiry of the foreign workers employment period as stipulated in their initial employment agreement with the first employer. The type of position, sector, and procedures for the use of foreign workers as intended, according to this Presidential Regulation, shall be further stipulated by a Ministerial Regulation.

The Regulation also stipulates that employer must have RPTKA (Plan of Use of Foreign Workers) approved by the Minister (of Manpower) or appointed official, which at least include:

  1. reasons for the employment of foreign workers;
  2. position and /or level of foreign workers in the organizational structure of the company;
  3. duration of employment of foreign workers; and
  4. appointment of Indonesian workers as overseer of foreign workers.

However, employer is not required to issue RPTKA in situations where the foreign migrant is:

  1. shareholder who is a member of the Board of Directors or a member of the Board of Commissioners of the employer;
  2. diplomatic and consular officers to representatives of foreign countries; or
  3. conduct the type of work required by the government.

This is stipulated by Article 10 paragraph (1) of the Presidential Regulation.

For emergency and urgent work, according to this Presidential Regulation, employers may employ foreign workers by applying for RPTKA approval to the Ministry (of Manpower) or appointed official within 2 (two) working days after the expatriate start working. Furthermore, the approval of RPTKA shall be issued no later than 1 (one) working day after the application is received.

Of the tax and fee entails to the employment of foreign workers, the Presidential Regulation stipulates that employer shall pay compensation funds for the employment of foreign workers upon receipt of the (approval) notification, and shall be made through a bank appointed by the Minister, which is a Non-Tax State Revenue. Foreign workers should also pay income tax in accordance with Regulation of the Director General of Tax (DGT) Number Per – 43/PJ/2011.

Payment of compensation fund (and income tax) for the employment of foreign workers and the obligation to have RPTKA is not required for government agencies, foreign representatives, and international agencies that employ foreign workers.

Pepres No. 20 Tahun 2018

DKI Jakarta’s 2018 Sector-based Minimum Wage

In February 2018, the Governor of DKI Jakarta Province signed the enactment of Jakarta Governor Regulation No. 16 of 2018 on Provincial Minimum Wage in 2018 (UMSP 2018). The list of UMSP nominal DKI Jakarta 2018 is as follows:


  1. Cosmetics and cosmetics industry: Rp 3,760,000
  2. Industry of organic basic chemicals with production of sulfuric acid (sulfuric acid), oleum, sodium silicate (water glass), aluminum sulfate and fatty acid: Rp 3,760,000
  3. Other basic organic chemical industry: Rp 3,760,000
  4. Inorganic basic chemical industry – industrial gas with production of argon, oxygen, nitrogen, hydrogen, acetylene and carbon dioxide: Rp 3,760,000
  5. Soaps and household cleaning supplies industry including toothpaste: Rp 3,830,438
  6. Glue adhesive industry: Rp 3,760,000
  7. Manufacture of dyes / pigments, paints, inks, dyes and similar type: Rp 3,760,000
  8. Manufacture of pipe and hose and plastic with production of PVC pipe, PVC plastic hose and PP plastic hose: Rp 3,760,000
  9. Packaging and glassware industry: Rp 3,760,000
  10. Industrial goods and cement and lime for construction such as (a) Poles and concrete pads, and (b) Cement mix (ready mix): Rp 3,760,000
  11. Glass plate glass industry: Rp 3,760,000
  12. Safety glass industry: Rp 3,760,000


  1. Tin packaging industry: Rp 3,726,960
  2. Iron and steel making industry with activities: (a) Iron and steel base alloy, and (b) Scrap and alloy steel: Rp 4,390,611
  3. Iron and steel foundry industry with producer of iron, cast steel, galvanized and metal coating: Rp 4,390,611
  4. Steel cutting services of metal goods, including nail, safe, office filling and the like industry: Rp 4,390,611
  5. Lathe service industry for special work on metals and goods and metals (lathe industry): Rp 4,398,848
  6. Radio, television, sound recording and image production equipment includes (a) Aircraft receiving color television broadcast, (b) Tape recorder, (c) Audio Compact Disc Player / CD Player, and (d) Audio Amplifier: Rp 4.264.422
  7. Household appliance industry using electricity / water pump industry, air conditioner, washing machine, refrigerator, fan, electric iron, digital camera, hand phone: Rp 4.264.422
  8. Manufacture of musical instruments such as piano / organ, guitar, drum: Rp 4,288,610
  9. Electrical and telephone cable industry: Rp 4.430.476
  10. Electric motors, generators, transformers, control equipment and industrial transformers, including those producing KWH meters: Rp 4,587,562
  11. Battery industry: Rp 4,100,541
  12. Offshore repair industries, boats, offshore modification: Rp 3,859,205
  13. Manufacture of kitchenware both aluminum and non aluminium: Rp 4,075,742
  14. Base metals of noble and other non-ferrous base metals industry: Rp 4,326,658
  15. Jewelry and precious metal industry: Rp 4,051,200
  16. Extrusion industry, non-ferrous metals industry: Rp 4,295,268
  17. Extrusion industry, non-ferrous metals such as copper extrusion and, alloy: Rp 4,295,268
  18. Aluminum and tungsten extrusion industry Rp 4,295,268


  1. Manufacture of two-and three-wheeled components and motor equipment with production of two-wheel motorcycle body parts: Rp 4,470,465
  2. Manufacture of pistons for motorcycles of two and three wheels and muffler/exhaust damper: Rp 4,470,465
  3. Industrial electric accumulator and battery (ac-cu, battery): Rp 4,470,465
  4. Manufacture of components and spare parts of the prime mover motor with the production of: (a) Engine Block, (b) Cylinder Head, and (c) Mechanical transmission industry other than motor vehicle / camshaft industry: Rp 4,470,465
  5. Manufacture of equipment and components of motor vehicles: Rp 4,470,465
  6. Automobile industry of four or more motor vehicles: Rp 4,470,465
  7. Manufacture of two and three-wheeled motor vehicles: Rp 4,492,830
  8. Industry of four or more motorized vehicles: Rp 4,492,830
  9. Transportation and transport equipment / heavy equipment industry: Rp 4,492,830


  1. Insurance: Rp 3,830,438 (Assets> Rp 1 Trillion)
  2. Non-Foreign Exchange Bank: Rp 3,830,438 (Non SME)
  3. Foreign Exchange Bank: Rp 3,830,438 (Foreign Exchange Bank)
  4. Bank Syariah: Rp 3,830,438, – (Sharia Bank)


  1. Industry of cooking oil and palm oil: Rp 3,830,438
  2. Frozen fish industry and other aquatic biota with frozen tuna production, large frozen tiger prawns, large white shrimp and large frozen barong shrimp: Rp 3,830,438
  3. Dairy industry: Rp 3,830,438
  4. Flour industry: Rp 3,830,438
  5. Instant noodle industry: Rp 3,830,438


  1. Hospital Service: Rp 3,830,438  (Hospital Class A, B and C)
  2. Pharmaceutical Industry: Rp 3,830,438 (Assets Rp 1 Trillion)


  1. Weaving industry: Rp 3,685,269
  2. Knitted garment industry: Rp 3,655,000
  3. Apparel and textile industry: Rp 3,655,000
  4. Footwear (for daily use) industry: Rp 3,720,996,53 (Export and Non MSME)


Hospitality Services:  Rp 3,830,436 (Stars 3, 4 and 5)


  1. Telecommunication Provider (Cellular): Rp 3,715,436 (Non SME)
  2. Data Communication, Internet and Value Added: Rp 3,715,436 (Non SME)
  3. Software and Applications: Rp 3,715,436 (Non SME)
  4. Vendor, Contractor and Telecommunication Building: Rp 3,715,436 (Non SME)


Retail: Rp 3,978,506 (Supermarket, Hypermarket, Wholesale, Department Store)


  1. Labour Helper: Rp 138,077 per day
  2. Land Digger: Rp 158,789 per day
  3. Head of Masons: Rp 173,978 per day
  4. Masons: Rp 158,789 per day
  5. Head of Carpenters: Rp 173,978 per day
  6. Carpenters: Rp 158,789 per day
  7. Heads of Blacksmiths: Rp 173,978 per day
  8. Blacksmiths: Rp 158,789 per day
  9. Head of Painters: Rp 173,978 per day
  10. Painters: Rp 158,789 per day
  11. Asphalt Asperators: Rp 138,077 per day
  12. Labour Supervisors: Rp 185,023 per day
  13. Installer: Rp 173,978 per day
  14. Installer Helper: Rp 158,789 per day
  15. Grass Cutter/Lawn Mower: Rp 138,077 per day
  16. Head of Plumbers: Rp 158,789 per day


Pergub UMSP DKI Jakarta No.16 Tahun 2018

Industry Automation Bleak Prophecy: Should Indonesian Workforce Worry about Losing Their Jobs Anytime Soon? (Pt 1)


Automation is the talk of the global town. It is everywhere, from service company to manufacturing automation sound bites is getting louder by day. Automation is the future and it could not be stop, some say. As more and more people using technology to ease day to day life, businesses need to look at technology to achieve efficiency and increase productivity by streamlining work processes, others may say. When automation fully swipe the globe, robots would replace human in all type of industries, every research on this topic says.

In its 2017 research,  the McKinsey Global Institute predicts that by 2030, as many as 800 million jobs could be lost worldwide to automation. The report also suggests that the advances of Artificial Intelligence and Robotics will have a drastic effect on everyday working lives, comparable to the shift away from agricultural societies during the Industrial Revolution.

What is more, in 2017 the International Labour Organization claims that the robot age is already a reality in ASEAN countries. More than 60 per cent of enterprises surveyed in the region see new technologies as a positive for increasing sales, labour productivity and employment of highly skilled workers. The report warns that while mass scale job displacement is not imminent, the technology to replace mainly lower skilled jobs in ASEAN will increasingly be adopted as its cost declines and innovations become accessible to even small-sized enterprises. The report also estimates that about 56 per cent of all salaried employment in Cambodia, Indonesia, the Philippines, Thailand and Vietnam, is at high risk of displacement due to technology in the next 20 years.

So, what is automation mean to general Indonesian workforce whom mostly low skilled and low education? Are they going to lose our minimum wage jobs over automation anytime soon? For them, the answer could be not anytime soon, but.

What and Why is Job Automation

In essence, automation involves the eradication of any type of exhausting manual labour through the use of technology that ensures accuracy, speed and quality. Although absolute automation in workplace has never been achieved, in its limited form, automation has caused modifications in the pattern of employment.

The term automation was created in the 1940s at the Ford Motor Company. The word automation was applied to the automatic handling of parts in metalworking processes. The concept acquired broader meaning with the development of cybernetics by American mathematician Nobert Wiener in 1950’s. Through cybernetics, Wiener anticipated the application of computers to manufacturing situations. He erroneously caused distress in industry in 1950-1960’s by suggesting that automatic machinery would lead to mass unemployment. However, automation was in fact not introduced as widespread as foreseen. Adding to that, other economic factors have created new opportunities in the labour market.

Automatic controls revolutionized all aspects of the production process. It streamlines processes with emphasize on mass production of identical parts for mass markets. In industry, automation evolved from three interrelated trends in technology:

  1. the development of powered machinery for production operations,
  2. the introduction of powered equipment to move materials and work pieces during manufacturing process, and
  3. the perfecting of control system to regulate production, handling, and distribution.

Further developments in automation created two new fields: computer-aided design (CAD) and computer-aided manufacturing (CAM), often linked as co-disciplines under the title CAD/CAM.

Every study on automation show that automation gives flexibility to production and also can cut down costly lead times confronted when changing from one production model to another. Moreover, automation can control inventories to provide a continuous flow of materials without expensive storage requirements or investment in spare parts. In the human side, automation could reduce time devoted for tedious and repetitive work, allow more creativity, and in the long run increase productivity.

In a broader perspective, studies suggest automation will expand economy, even though the job we have right now will be different then as consequences of automation and technology.


Personal Protective Equipment

PPE is equipment that will protect the user against health or safety risks at work. In the hierarchy of control, PPE is the least control measure of risk and hazard. However, the availability of PPE in the workplace is inevitable especially when other control measures cannot be implemented.

PPE can be in various forms such as:
• Gloves
Use as a protective device when working in a place or situation that may result in hand injury. Material and glove form adjusted to the function of each job.
• Safety Glasses
Use as an eye protection when working such as welding.
• Mask (Respirator)
It functions as an air filter while working in a place with poor air quality such as dusty, toxic, etc.
• Safety Helmet
Use as a head protector of objects that can hit the head directly.
• Rubber Shoes (boots)
Use as a safety device when working in wet area. Most are coated with metal to protect feet from sharp or heavy objects, hot objects, chemical liquids, etc.
• Shoes
Similar with ordinary shoes, but made of metal coated leather with thick and strong rubber sole. It functions to protect feet from objects sharp or heavy objects, hot objects, chemical fluids, etc.
• Safety Ropes (Safety Harness)
Use as a safety harness while working at height. It is required to use the tools at an altitude of more than 1.8 meters.
• Earmuffs
It functions to protect ears when working in a high noise area.
• Protector face
Use as a face shield from foreign object such as sparks from grinding work.

Permenaker No. 8 tahun 2010 tentang APD

Chemical Safety at the Workplace

Before discussing further on hazardous substances at the workplace, the main regulations relating to chemicals at the workplace are as follows:

  1. Law No.1 Year 1970 on Occupational Safety;
  2. Decree of the Minister of Manpower No. Kep. 187/MEN/1999 on the Control of Hazardous Chemicals in the Workplace;
  3. Decree of the Director General of PPK No. Kep. 84/ PPK/X/2012 on the Procedures for the Preparation of Document of Control of Potential of Large and Medium Hazard;
  4. Regulation of the Minister of Industry No. 87/M-IND/ PER/9/2009 concerning Global Harmonized System on Classification and Labeling on Chemicals.

Hazardous chemicals according to Article 1 of the Minister of Manpower Decree No. KEP. 187/MEN/ 1999 is substances in the form of single or mixture based on chemical and physical properties and or toxicology hazardous to employees, installation and environment. The respective regulation also stipulates that employer using, storing, producing and transporting chemicals or hazardous substances at the workplace should establish and implement a control system to prevent and or reduce the risk of harmful chemicals to their worker’s health and safety, work equipment and the environment.

Chemical and hazardous substances control measures typically include:

1.Provision of Material Safety Data Sheet (LDKB)

MSDS is an instruction sheet containing information on the physical, chemical properties of hazardous substances, the types of hazards that can be inflicted, how to handle and specific actions relating to emergencies in the handling of hazardous substances. MSDS should be posted at the workplace, at conspicuous places. The document is generally listed the following information:

  • Identity of Materials and Company
  • Material Composition
  • Hazard Identification
  • First aid measures
  • Fire Fighting Measures
  • Overcoming Leakage and Spillage Measures
  • Material Storage and Handling
  • Exposure Control and Personal Protective Equipment
  • Physical and Chemical Properties
  • Material Stability and Reactivity
  • Toxicological information
  • Ecological Information
  • Waste Disposal
  • Material Transportation
  • Regular Information on respective regulations
  • Other required information.

2.Provision of Labels.

Labelling is a marking of images/symbols, letters/writings, a combination of both or any other form attached to a hazardous substance, inserted into, pinned, or contained on the packaging of the hazardous substance.  According to the Global Harmonization System (GHS), label should be provided on chemicals and hazardous substances.  Labels usually consist of the following information:

  • Product Name
  • Hazard Identity
  • Signs of Danger and Its Meaning
  • Description of risks and mitigation
  • Precautions
  • Instruction in case of exposure and exposure
  • Fire extinguishers
  • Spill and leakage instructions
  • Filling and storage instructions
  • Reference name, address and phone number of the manufacturer and / or distributor.

3.Appointment of OHS chemical officer and chemical expert.

Companies or industries using hazardous chemicals exceeding the chemical threshold value must appoint at least 2 Chemical Safety Officers in the case of a non-shift working time system, and at least 5 persons in the case of a shift working time system. In addition, they must have at least chemical experts.

Companies or industries that use hazardous chemicals below the chemical threshold value must have at least 1 Chemical Safety Officer in the case of a non-shift working time system, and at least 3 in the case of a shift working time system.

4. Selecting and Providing Appropriate Control Measures.

If chemical and hazardous substances are crucial for production so that eliminating them could not be done, companies should manage exposure by using the hierarchy of control. From substituting chemical with a safer version, isolating it, using engineering control, implement administrative control and then using personal protective equipment as the last resort.

Companies should first indentify hazard level before selecting a control measure appropriate for their case.

How to Establish a Robust Fire Safety System in the Workplace

A robust fire safety system plays an important role in providing protection for building occupants in the case of fire. In the workplace setting, or even in any type of commercial buildings, first and foremost, a fire safety system saves lives. It also keeps the property save from loss due to fire. Therefore, fire safety system should be the primary concern for any business.

A robust fire safety system should at least include emergency routes and exits planning, fire detection and warning systems, the appropriate fire fighting equipment, and well trained workers.

Plan the emergency routes and exits so that exit doors and any discharge lead directly to an open space or area such as the yards. These emergency routes and exits should be unblocked and unobstructed for all times. Copies of exit map should be consciously posted in the workplace. Further, emergency routes and exits planning should be regularly reviewed to ensure its effectiveness. Review should consider, among others, changes of work space setting or any building alternation.

All the potential fire hazards and threats should be identified before selecting the appropriate fire detection and warning system. If you are aware of what types of fire, how and where a fire can occur in the work-site, robust fire detection and warning system could be established. Aspects such as layout and size of the workplace, number of people on the work site, physical limitation (building construction constrain), and respective regulations, codes and standards should also be considered*. These also apply when selecting proper fire fighting equipment.

Any fire detection and fire equipment should be regularly tested and maintained.

Last but not least, most fatalities and injuries from fires in the workplace are the result of workers not knowing the right fire safety and exit strategies to follow. Therefore, employers should ensure that their workers are equipped with the proper knowledge and training to face of a fire in the workplace. This include establishing training manual based on existing fire safety plan, identifying participant and selecting member of the in-house fire response unit, and determining time of training and drill.

Worker’s knowledge of fire safety plan should be updated on regular basis. Importantly when their work-site is altered or changed.


*Some rules, codes and standards regarding fire safety system are as follows:

  • Building Act No. 28 of 2002
  • Government Regulations No. 36 of 2006 concerning the Implementation of Building Act Regulation no. 28 of 2003
  • Decree of the Minister of Manpower No. KEP/186/MEN/1999 on Fire Response Unit at Work Place
  • Regulation of the Minister of Manpower No. PER.02/ MEN/1983 on Automatic Fire Alarm Installation
  • Decree of the Minister of Public Works no. 10/KPTS/2000 on Technical Provision of Fire Protection against Fire Hazard in Building and Building Environment
  • Decree of the Minister of Public Works no. 11/KPTS/2000 on Technical Provisions on Urban Fire Management
  • Regulation of the Minister of Public Works No.26/PRT/M/2008 on Technical Requirements of Fire Protection System in Building and Environment;
  • Regulation of the Minister of Public Works No. 20/PRT/M/2009 on Technical Guidelines for Urban Fire Protection Management
  • Regulation of the Minister of Public Works No. 25/PRT/2007 on Guidelines for Function Certificate of Feasibility Function (SLF) Build Building
  • SNI 03-1735-2000 Procedures for Access Building and Environmental Access Planning for Fire Prevention at Houses and Buildings
  • SNI 03-1736-2000 Methodology of Passive Protection System for Prevention of Fire Hazards in Houses and Buildings
  • SNI 03-1745 2000 Procedures for Planning and Installation of Upright and Slope Piping Systems for Fire Prevention in Buildings and Houses
  • SNI 03-1746-2000 Procedures for Planning and Installation of Exit Facilities for Rescuing Fire Hazards in Buildings
  • SNI 03-6574-2001 Procedures for Emergency Lighting Planning, Directions and Hazards Warning System in Buildings
  • SNI 03-3985-2000 Procedures for Planning and Installation of Fire Detection and Alarm Systems for Fire Prevention at Houses and Buildings
  • SNI 03-3987-1995 Procedures for Planning and Installation of Light Fire Extinguishers for Fire Prevention at Houses and Buildings
  • SNI 03-3989-2000 Procedures for Planning and Installation of Automatic Sprinkler System for Fire Prevention in Building Buildings
  • SNI 03-6570-2001 Installation of Fixed Installed Pumps for Fire Protection
  • SNI 03-6571-2000 Fire Smoke Control System in Building Buildings

Building Safety: Impractical & Exorbitant State Regulations?

Industrial building integrity discourse in Indonesia has been always brought adversarial debates between the proponents and the opponents. The proponents suggest that the existing theoretical framework should be adhered for a reason of, inter alia, workplace safety and rule of law. The opponents, however, claim that in practical reality the state regulations are silent as there is lack of the necessary state instrument to achieve compliance. It leaves the application to private agency (building consultant and testing agency) so that the pursuant of necessary safety certificate is costly. Further, the complexity of regulation structures in Indonesia, of which the state entrust the practical instrument responsibility to regional governments resulting in the absence of technical regulations in the regional level.

There are several regulations of building safety issued by the state. The main regulations on building safety include:

  1. Building Act No. 28 of 2002
  2. Government Regulations No. 36 of 2008 on the Implementation of Building Act No. 28 of 2002
  3. Regulation of the Minister of Public Works No. 25/PRT/M/2007 on Certificate of (Building) Functionality
  4. Regulation of the Minister of Public Works No. 26/PRT/M/2008 on Fire Protection System in Building and Building Environment
  5. Regulation of the Minister of Public Works No. 29/PRT/M/2009 on Guidelines of Building Technical Requirements.

In the nutshell, there are two primary conditions that should be adhered in regard with building safety: administrative and technical. This likely perceived as uncomplicated, easy, and simple requirements. However, it is transpired as a flood of state regulations. Of the above list, for instance, there are numerous other Minister Regulations and Regional Regulations on Building Safety. It is so many; it is likely very complex for one to get a good understanding on building safety regulations, the respective regulatory agency and the regulatory instruments.

In reality, there is no room for waiving building safety regulations. There are already numerous incident and accident occurred in the past years due to unsafe building integrity. Building safety is about people lives which are priceless. It is about business responsibility to protect the safety and health of those who work for them. It is about moral values, humanity over money. When people lives are at stakes, would the debates over cost and regulatory effectiveness ebb? Realistically, the answer is NO. The debate would never go away. As much as the moral value could be used to push compliance, it should not be used as the trump card for justifying ineffective state regulations regime.

UU No. 28 Tahun 2002

PP No. 36 tahun 2005 tentang Pelaksanaan UU No. 28 tahun 2000

PermenPUR No. 29_PRT_M_2006

PermenPUR No. 26_PRT_M_2008

PermenPUR No. 25_PRT_M_2007 tentang Sertifikat Laik Fungsi