MINISTER OF MANPOWER AND TRANSMIGRATION
REPUBLIC OF INDONESIA
DECISION
OF THE MINISTER OF MANPOWER AND TRANSMIGRATION
OF THE REPUBLIC OF INDONESIA
NUMBER: KEP. 235/MEN/2003
REGARDING
THE TYPES OF WORK THAT ENDANGER
THE HEALTH, SAFETY, OR MORALS OF CHILDREN
THE MINISTER OF MANPOWER AND TRANSMIGRATION
OF THE REPUBLIC OF INDONESIA
Considering:
a.
b.
That specific regulations are needed for the implementation of
Article 74 Paragraph (3) of Act Number 13 Year 2003 on
Manpower regarding the types of work that endanger the health,
safety or morals of children;
That for said purpose, there needs to be promulgated a Decision
of the Minister;
In view of:
1.
2.
3.
4.
5.
Act Number 3 Year 1951 regarding the Validation of the Labor
Supervision Act No. 23/1948 of the Republic of Indonesia
Throughout the Whole Territory of Indonesia (the Republic of
Indonesia State Gazette Year 1951 Number 4);
Act Number 1 Year 1970 regarding Occupational Safety (the
Republic of Indonesia State Gazette Year 1970 Number 1,
Supplement Number 1918 to the Republic of Indonesia State
Gazette);
Act Number 20 Year 1999 regarding the Ratification of the ILO
Convention No. 138 Convention Minimum Age for Admission to
Employment (the Republic of Indonesia State Gazette Year
1999 Number 56, Supplement Number 3835 to the Republic of
Indonesia State Gazette);
Act Number 1 Year 2000 regarding the Ratification of the ILO
Convention No. 182 Concerning the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labour
(the Republic of Indonesia State Gazette Year 2000 Number
109, Supplement Number 3941 to the Republic of Indonesia
State Gazette);
Act Number 23 Year 2002 regarding the Protection of Children
(the Republic of Indonesia State Gazette Year 2002 Number
109, Supplement Number 4235 to the Republic of Indonesia
State Gazette);
6.
7.
8.
Act Number 13 Year 2003 on Manpower (the Republic of
Indonesia State Gazette Year 2003 Number 39, Supplement
Number 4279 to the Republic of Indonesia State Gazette);
Decision of the President of the Republic of Indonesia Number
228/M Year 2001 on the Establishment of the Gotong Royong
Cabinet;
Decision of the President Number 59 Year 2002 on a National
Action Plan to Eliminate the Worst Forms of Child Labor.
Observing:
1.
2.
Principal Thoughts of the Secretariat of the National
Tripartite Cooperation Body dated August 31, 2003;
Agreement reached at the Plenary Meeting of the
National Tripartite Cooperation Body dated September
25, 2003;
RESOLVES
To determine:
THE DECISION OF THE MINISTER OF MANPOWER AND
TRANSMIGRATION OF THE REPUBLIC OF INDONESIA REGARDING
THE TYPES OF WORK THAT ENDANGER THE HEALTH, SAFETY OR
MORALS OF CHILDREN.
Article 1
In the Ministerial Decision, the meaning of:
1.
Child is anyone and everyone who is under 18 (eighteen) years of age.
2.
Minister is the Minister of Manpower and Transmigration.
Article 2
(1)
(2)
(3)
Children under 18 (eighteen) years of age are forbidden to perform work or be
hired to perform work that endangers the health, safety or morals of the
children.
Work that endangers the health, safety or morals of children is as specified in
the Attachment to this Decision.
The types of work as stated in paragraph (2) can be reviewed again in line
with the development in the fields of science and technology and shall be
promulgated in a Ministerial Decision.
Article 3
Children who are 15 (fifteen) years of age or older can perform work except those
mentioned in Article 2 paragraph (2).
Article 4
Enterprisers are forbidden to have children work over time.
Article 5
This Ministerial Decision shall come into force on the day of its promulgation.
Stipulated in: Jakarta
On: 31st October 2003
Minister of Manpower and
Transmigration
of the Republic of Indonesia
(signed and sealed)
JACOB NUWA WEA
Attachment: DECISION OF THE MINISTER OF
MANPOWER AND TRANSMIGRATION
OF THE REPUBLIC OF INDONESIA.
NUMBER: KEP. 235/MEN/2003
DATED:
October 31, 2003
I.
THE TYPES OF WORK THAT ENDANGER THE HEALTH AND SAFETY OF
CHILDREN
A. Work that is related to machines, units, installations, and other
equipment including:
Activities of making, assembling/setting up, operating, maintaining, and
repairing:
1. Machines
a. Tools such as: drill, grind, cutting, lathe and scrap machines,
b. Production machines such as: knitting, sewing, weaving, packing,
bottle filler machines
2. Engines
a. Steam engines such as: steam kettles, steam vessels;
b. Hot liquid engines such as: water heater, oil heater;
c. Cooling engines, carbide gas generators;
d. Lifting and carrying engines such as: lifting cranes, transport bands,
escalators, gondolas, forklifts, loaders;
e. Power engines such as: diesel engines, turbine engines, gasburning motors, electricity generators
3. Heavy machineries such as: tractors, stone breakers, graders, asphalt
mixers, piledrivers.
4. Installations such as: pressure pipe, electricity, fire extinguisher, and
electricity duct installations.
5. Other equipment such as: kiln, furnace, lift, scaffolding.
6. Pressure containers, steel bottles, piling containers, transporting
containers, and such containers.
B. Work that is performed in a dangerous work environment including:
1. Work containing Physical Dangers
a. work underground, underwater or in a narrow confined room with
limited ventilation such as well, tank;
b. work performed at a height of more than 2 meters;
c. work using or in an environment using electricity above 50 volts;
d. work using electric or gas welder tools;
e. work in an environment at extreme temperatures and humidity or at
high wind velocity;
f. work in an environment with a noise or vibration decibels above the
threshold value (NAB);
g. work that handles, keeps, transports, and uses radioactive
materials;
h. work that produces or is in a work environment containing ionating
radiation danger;
i. work performed in a dusty work environment;
j. work performed can trigger electricity, fire and/or explosion
dangers;
2. Work containing Chemical Dangers
a. work performed in a work environment where there is exposure to
dangerous chemicals;
b. work that handles, keeps, transports, and uses chemicals that in
nature are toxic, explosive, flammable, ignitable, oxidator, corrosive,
irritative, carsinogenical, mutagenical, and/or terratogenical;
c. work using asbestos;
d. work that handles, keeps, uses, and/or transports pesticides.
3. Work containing Biological Dangers
a. work that is exposed to germs, bacteria, viruses, fungi, parasites
and the like, for example work in a clinic laboratory, hide tanning,
sap/rubber washing environment;
b. work in a butcher where animal meat is cut, processed and packed;
c. work performed at a ranch such as milking, feeding livestock, and
cleaning enclosures;
d. work in silos or warehouses where agricultural produce is stored;
e. work breeding wild animals.
C. Work containing certain dangerous nature and condition:
j
1. working in building, bridge, irrigation, or road constructions.
2. working in a wood processing plant logging, transporting, and
downloading/uploading.
3. working by manually lifting and carrying loads above 12 kg for boys
and above 10 kg for girls.
4. working in locked structures.
5. working by catching fish off the coast or in deep waters.
6. working in isolated and remote areas.
7. working in boats.
8. working to dispose and process garbage or recycle used goods.
9. working from 18:00 – 06:00.
II.
THE TYPES OF WORK THAT ENDANGER THE MORALS OF THE
CHILDREN
1. Work at bars, discotheques, karaoke bars, pool rooms, movie theaters,
massage parlors, or locations used for prostitution.
2. Work as a model to promote alcoholic drinks, sex drugs and/or cigarettes.
Stipulated in: Jakarta
On: 31st October 2003
Minister of Manpower and
Transmigration
of the Republic of Indonesia
(signed and sealed)
JACOB NUWA WEA