🇮🇩 Indonesia LAW – 2026 UPDATE

Indonesia Remote Work Laws 2026

⚠️Informational only — not legal or tax advice.

Last Updated: December 2025
Applicable Period: 2026 tax year and current employment regulations
Key Characteristic: Employers with remote workers physically located in Indonesia

Indonesia Remote Work Laws 2026

Table of Contents

Overview of Remote Work in Indonesia

1.1 Current Regulatory Framework

Indonesia’s approach to remote work has evolved significantly through comprehensive labor law reforms. The primary regulatory framework encompasses:

Law No. 13 of 2003 on Manpower (Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan) established foundational employment regulations.

Source: https://jdih.kemnaker.go.id/asset/data_puue/UU_NO_13_Thn_2003.pdf

Law No. 11 of 2020 on Job Creation (Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja), enacted November 2, 2020, introduced omnibus reforms affecting 79 laws and 1,244 articles.

Source: https://peraturan.bpk.go.id/Details/149750/uu-no-11-tahun-2020

Constitutional Court Decision: Law No. 11/2020 was subsequently declared conditionally unconstitutional by the Constitutional Court.

Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law (Undang-Undang Nomor 6 Tahun 2023 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 tentang Cipta Kerja Menjadi Undang-Undang) ratified the revised Job Creation framework.

Source: https://ekon.go.id/publikasi/detail/5065/the-bill-on-the-determination-of-the-job-creation-perpu-is-officially-approved-by-the-house-of-representatives-to-become-law

1.2 Implementing Regulations

Government Regulation No. 35 of 2021 on Fixed-Term Employment Agreements, Outsourcing, Working Time and Rest Time, and Termination of Employment (Peraturan Pemerintah Nomor 35 Tahun 2021 tentang Perjanjian Kerja Waktu Tertentu, Alih Daya, Waktu Kerja dan Waktu Istirahat, dan Pemutusan Hubungan Kerja).

Citation: LN.2021/No.45, TLN No.6647

Source: https://peraturan.bpk.go.id/Details/161904/pp-no-35-tahun-2021/

Government Regulation No. 35/2021 addresses working hours, rest periods, and employment arrangements applicable to remote work contexts.

Government Regulation No. 36 of 2021 on Wages (Peraturan Pemerintah Nomor 36 Tahun 2021 tentang Pengupahan).

Citation: LN.2021/No.46, TLN No.6648

Source: https://peraturan.bpk.go.id/Details/161909/pp-no-36-tahun-2021

Government Regulation No. 36/2021, as amended by Government Regulation No. 51 of 2023, establishes wage policies, minimum wage determination, wage structure and scale, and wage protection provisions.

Source: https://peraturan.bpk.go.id/Details/270269

1.3 Terminology

Indonesian labor regulations use specific terminology:

Kerja jarak jauh: Remote work / distance work Pekerjaan dari rumah / Bekerja dari rumah: Work from home Teletrabajo / Telework: Telework (less commonly used in Indonesian regulations)

Note: While Indonesian regulations do not currently use a single standardized term equivalent to “telework” as defined in some other jurisdictions, various work-from-home and remote work arrangements fall under the general employment framework established in Law No. 13/2003 and subsequent regulations.

1.4 Regulatory Development Context

According to the Coordinating Ministry for Economic Affairs:

“Since the Job Creation Law was enacted, Ministries/Institutions have conducted dissemination and public consultations 610 times and 29 times by the Task Force on Accelerated Socialization of Job Creation. This shows that the Government is continuously conducting socialization, education, consultation, technical guidance, and even assistance needed in implementing the Job Creation Law.”

Source: https://ekon.go.id/publikasi/detail/5030/the-house-of-representatives-legislative-body-approves-the-bill-on-the-stipulation-of-government-regulation-in-lieu-of-law-on-job-creation-into-law

1.5 Government Authority

Ministry of Manpower (Kementerian Ketenagakerjaan / Kemnaker)

The Ministry of Manpower is responsible for:

  • Formulating and implementing labor policies
  • Administering government affairs in the manpower sector
  • Labor protection and inspection
  • Wage determination oversight
  • Employment training and placement

Source: https://kemnaker.go.id/

Legal Information Network (Jaringan Dokumentasi dan Informasi Hukum – JDIH):

2.1 Primary Legislation

Law No. 13 of 2003 on Manpower

Full Citation: Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan

Enacted: March 25, 2003

Official Gazette: Lembaran Negara Republik Indonesia Tahun 2003 Nomor 39, Tambahan Lembaran Negara Republik Indonesia Nomor 4279

Official Text: https://jdih.kemnaker.go.id/asset/data_puue/UU_NO_13_Thn_2003.pdf

Scope: Law No. 13/2003 establishes the foundational framework for employment relationships in Indonesia, including:

  • Principles and objectives of manpower development
  • Equal opportunity and treatment
  • Manpower planning and employment information
  • Job training
  • Employment placement
  • Employment expansion
  • Foreign worker utilization
  • Employment relationships
  • Protection, wages, and welfare
  • Industrial relations
  • Supervision and enforcement

Relevant Provisions for Remote Work: While Law No. 13/2003 does not explicitly address “remote work” or “telework” as distinct categories, its provisions on employment relationships, working hours, wages, and worker protection apply to all employment arrangements, including those conducted remotely.

Source: https://peraturan.bpk.go.id/Details/43013

Law No. 11 of 2020 on Job Creation (as ratified by Law No. 6 of 2023)

Original Enactment: Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja, enacted November 2, 2020

Official Gazette: Lembaran Negara Republik Indonesia Tahun 2020 Nomor 245

The Coordinating Ministry for Economic Affairs stated:

“Omnibus Law on Job Creation will amend at least 79 Laws and 1,244 Articles.”

Source: https://setkab.go.id/en/omnibus-law-on-job-creation-to-amend-79-laws-coordinating-minister/

Subsequent Development: Following a Constitutional Court decision declaring Law No. 11/2020 conditionally unconstitutional, the Government issued:

Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 on Job Creation

Ratification: Perppu No. 2/2022 was ratified as Law No. 6 of 2023 (Undang-Undang Nomor 6 Tahun 2023 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 tentang Cipta Kerja Menjadi Undang-Undang)

According to the House of Representatives Legislative Body:

“The House of Representatives Legislative Body Approves the Bill on the Stipulation of Government Regulation in Lieu of Law on Job Creation into Law.”

Source: https://ekon.go.id/publikasi/detail/5030/the-house-of-representatives-legislative-body-approves-the-bill-on-the-stipulation-of-government-regulation-in-lieu-of-law-on-job-creation-into-law

Key Employment Provisions: Law No. 6/2023 amends Articles 81, 88C, and 88D of the employment framework, affecting:

  • Fixed-term employment contracts (PKWT – Perjanjian Kerja Waktu Tertentu)
  • Outsourcing/labor supply (Alih Daya)
  • Working hours and rest periods
  • Wage determination formulas
  • Termination procedures

2.2 Implementing Regulations – Government Regulations

Government Regulation No. 35 of 2021

Full Title: Peraturan Pemerintah Nomor 35 Tahun 2021 tentang Perjanjian Kerja Waktu Tertentu, Alih Daya, Waktu Kerja dan Waktu Istirahat, dan Pemutusan Hubungan Kerja

English Translation: Government Regulation No. 35 of 2021 on Fixed-Term Employment Contracts, Outsourcing, Working Time and Rest Time, and Termination of Employment

Issued: February 2, 2021

Official Gazette: LN.2021/No.45, TLN No.6647

Official Source: https://peraturan.bpk.go.id/Details/161904/pp-no-35-tahun-2021/

Scope: According to the official summary, PP No. 35/2021 regulates:

  1. Fixed-term employment agreements (PKWT) based on duration or completion of specific work
  2. Types, nature, or activities of work, duration, and extension limits for PKWT
  3. Compensation money for fixed-term workers/laborers
  4. Worker/laborer protection and business licensing in outsourcing activities
  5. Working hours in certain business sectors or work
  6. Overtime work hours and overtime wages
  7. Limitations on certain companies that can implement long leave
  8. Procedures for termination of employment
  9. Provision of severance pay, service appreciation money, and compensation rights

Working Hours Provisions: PP No. 35/2021 establishes maximum working hours:

  • 7 hours per day for 6-day work week
  • 8 hours per day for 5-day work week

Source: https://rechtsvinding.bphn.go.id/articles/1045

Current Status: PP No. 35/2021 remains in effect as implementing regulation despite the evolution of the parent Job Creation Law framework.

Source: https://rechtsvinding.bphn.go.id/articles/1045

Government Regulation No. 36 of 2021 (as amended)

Full Title: Peraturan Pemerintah Nomor 36 Tahun 2021 tentang Pengupahan

English Translation: Government Regulation No. 36 of 2021 on Wages

Issued: February 2, 2021

Official Gazette: LN.2021/No.46, TLN No.6648

Official Text: https://jdih.kemnaker.go.id/asset/data_puu/PP362021.pdf

Amended by: Peraturan Pemerintah Nomor 51 Tahun 2023 tentang Perubahan atas Peraturan Pemerintah Nomor 36 Tahun 2021 tentang Pengupahan

Amendment Date: 2023

Scope: According to the official summary, PP No. 36/2021 regulates:

  • Wage policies
  • Wage determination based on time unit and/or result unit
  • Wage structure and scale
  • Minimum wages
  • Minimum wages for micro and small enterprises
  • Wage protection
  • Forms and methods of wage payment
  • Items that can be calculated with wages
  • Wages as basis for calculating or paying other rights and obligations
  • Wage councils
  • Administrative sanctions

Wage Components: The regulation establishes that wages consist of components:

  1. Wages without allowances
  2. Basic wages and fixed allowances
  3. Basic wages, fixed allowances, and non-fixed allowances
  4. Basic wages and non-fixed allowances

Source: https://peraturan.bpk.go.id/Details/161909/pp-no-36-tahun-2021

Amendment Scope: PP No. 51/2023 amends provisions regarding:

  • Minimum wage calculation formula
  • Minimum wage determination and implementation
  • Strengthening the role of regional wage councils

Source: https://peraturan.bpk.go.id/Details/270269

Legal Basis: PP No. 36/2021 was issued to implement Article 81 and Article 185 letter b of Law No. 11/2020 on Job Creation.

Source: https://jdih.kemnaker.go.id/asset/data_puu/PP362021.pdf

2.3 Ministerial Regulations

The Ministry of Manpower issues implementing regulations (Peraturan Menteri Ketenagakerjaan – Permenaker) to operationalize statutory provisions.

JDIH Kemnaker English Page: https://jdih.kemnaker.go.id/peraturan-english.html

According to the JDIH Kemnaker English regulations page, relevant ministerial regulations include:

ON Fixed Term Employment Contract, Outsourching, Working Hour And Rest Period, And Termination Of Employment

Source: https://jdih.kemnaker.go.id/peraturan-english.html

Recent Ministerial Regulations (2024-2025):

Peraturan Menteri Nomor 20 Tahun 2024 Source: https://jdih.kemnaker.go.id/peraturan/detail/2624/peraturan-menteri-nomor-20-tahun-2024

Peraturan Menteri Nomor 14 Tahun 2024 Source: https://jdih.kemnaker.go.id/peraturan/detail/2592/peraturan-menteri-nomor-14-tahun-2024

Peraturan Menteri Ketenagakerjaan Nomor 1 Tahun 2025 Source: https://jdih.kemnaker.go.id/asset/data_puu/2025pmnaker001.pdf

Note: Specific titles and content of these regulations require direct verification from the official JDIH sources, as detailed English translations may not be publicly available for all recent ministerial regulations.

2.4 Work From Anywhere Circular (Recent Development)

According to JDIH Kemnaker, recent regulations address:

“Pelaksanaan Kerja Dari Lokasi Lain (Work From Anywhere) Bagi Pekerja/Buruh di Perusahaan Pada Masa Liburan Natal 2025 dan Tahun Baru 2026”

English translation: “Implementation of Work From Another Location (Work From Anywhere) for Workers/Laborers in Companies During the Christmas 2025 and New Year 2026 Holiday Period”

Source: https://jdih.kemnaker.go.id/peraturan?page=22&per_page=15&sort=terbaru

Significance: This indicates Ministry of Manpower recognition of remote work arrangements, particularly flexible work location policies.

2.5 Related Legislation

Law No. 1 of 1970 on Occupational Safety (Undang-Undang Nomor 1 Tahun 1970 tentang Keselamatan Kerja) establishes workplace safety requirements applicable to all work environments.

Presidential Regulation No. 21 of 2010 on Labor Inspection (Peraturan Presiden Nomor 21 Tahun 2010 tentang Pengawasan Ketenagakerjaan) governs labor inspection procedures.

Source: https://journals.kemnaker.go.id/index.php/naker/article/download/434/139/1442

Law No. 23 of 2014 on Regional Government (Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah) establishes division of authority between central and regional governments for labor matters.

Source: https://journals.kemnaker.go.id/index.php/naker/article/download/434/139/1442

Definition and Scope of Remote/Telework

3.1 Absence of Specific Statutory Definition

Current Regulatory Position: Indonesian labor law does not currently provide a unified statutory definition of “telework,” “remote work,” or “work from home” equivalent to definitions in some other jurisdictions.

Applicable Framework: Remote work arrangements in Indonesia are governed by the general employment framework established in:

  • Law No. 13/2003 on Manpower
  • Law No. 6/2023 (Job Creation)
  • Government Regulation No. 35/2021
  • Government Regulation No. 36/2021

3.2 Terminology in Use

Various Indonesian terms are used to describe remote work arrangements:

Kerja jarak jauh: Distance work / remote work Pekerjaan dari rumah / Bekerja dari rumah: Work from home Kerja dari lokasi lain: Work from another location

According to recent Ministry of Manpower documentation, the term “Kerja Dari Lokasi Lain (Work From Anywhere)” is officially used.

Source: https://jdih.kemnaker.go.id/peraturan?page=22&per_page=15&sort=terbaru

3.3 Employment Relationship Framework

Under Indonesian labor law, employment relationships are classified as:

Perjanjian Kerja Waktu Tidak Tertentu (PKWTT): Indefinite-term employment agreements (permanent employment)

Perjanjian Kerja Waktu Tertentu (PKWT): Fixed-term employment agreements (fixed-term contracts)

According to Government Regulation No. 35/2021, both PKWTT and PKWT employment relationships can potentially accommodate remote work arrangements, subject to mutual agreement between employer and employee.

Note: The employment contract type (PKWTT vs. PKWT) is distinct from the work location arrangement. Remote work does not automatically create a fixed-term relationship.

3.4 Work Location Flexibility

Indonesian labor regulations recognize that work can be performed at various locations, subject to the terms of the employment agreement.

Traditional Framework: Law No. 13/2003 was enacted before widespread remote work practices and does not explicitly categorize work by location.

Emerging Recognition: Recent Ministry of Manpower circulars acknowledge work-from-anywhere arrangements during specific periods (such as holiday periods), indicating regulatory recognition of location-flexible work.

Source: https://jdih.kemnaker.go.id/peraturan?page=22&per_page=15&sort=terbaru

3.5 Contractual Definition

In the absence of comprehensive statutory definitions, the specific terms of remote work arrangements are typically established through:

Employment Agreements (Perjanjian Kerja): Written contracts between employer and employee specifying work location, duties, and conditions.

Company Regulations (Peraturan Perusahaan): Internal company rules for companies with 10-49 employees.

Collective Labor Agreements (Perjanjian Kerja Bersama – PKB): Agreements between employers and trade unions for companies with 50+ employees.

3.6 Key Characteristics

While Indonesian law does not provide a formal definition, remote work arrangements typically involve:

Location: Work performed outside the employer’s physical premises, including employee’s residence or other locations

Technology: Use of information and communication technology to perform work duties

Employment Relationship: Continued employment relationship governed by labor law, regardless of work location

Compensation: Wage payment continues according to employment agreement

Supervision: Employer maintains oversight of work performance, adapted to remote context

3.7 Distinction from Independent Contracting

Employment Relationship vs. Independent Contractor:

Remote work under Indonesian labor law maintains an employment relationship (hubungan kerja) between employer and employee, distinct from independent contractor arrangements.

Employment Relationship Elements (under Law No. 13/2003):

  • Existence of work (ada pekerjaan)
  • Command/instruction (ada perintah)
  • Wage payment (ada upah)

These elements apply regardless of whether work is performed remotely or at employer’s premises.

3.8 Application to Existing Employment Law

Since Indonesian regulations do not create a separate legal category for “remote work,” all provisions of Law No. 13/2003 and implementing regulations apply to remote workers, including:

  • Minimum wage requirements
  • Maximum working hours
  • Overtime compensation
  • Annual leave entitlements
  • Social security enrollment
  • Occupational safety and health
  • Termination protections

Applicability and Coverage

4.1 General Applicability

Law No. 13 of 2003, Article 1(2) defines “tenaga kerja” (manpower/labor) as:

“Every person who is capable of performing work to produce goods and/or services both to fulfill their own needs and the needs of the community.”

Article 1(3) defines “pekerja/buruh” (worker/laborer) as:

“Every person who works for wages or other forms of remuneration.”

Source: https://jdih.kemnaker.go.id/asset/data_puue/UU_NO_13_Thn_2003.pdf

Application to Remote Work: These definitions apply regardless of work location. Individuals working remotely for wages or remuneration are “pekerja/buruh” under Indonesian labor law.

4.2 Scope of Coverage

Indonesian labor law protections apply to:

All Employment Sectors: Law No. 13/2003 applies across all business sectors unless specifically exempted.

All Company Sizes: From micro enterprises to large corporations, subject to certain size-based variations in procedural requirements (e.g., requirement for company regulations vs. collective labor agreements).

All Employment Types: Both indefinite-term (PKWTT) and fixed-term (PKWT) employees, subject to specific regulations governing each type.

4.3 Exclusions

Article 3 of Law No. 13/2003 provides:

“The provisions regarding labor in this Law do not apply to: a. Civil servants b. Workers/laborers in family businesses; c. Workers/laborers in micro and small businesses based on the criteria set in the Law on Micro, Small and Medium Enterprises.”

However, according to recent regulations:

Peraturan Menteri Ketenagakerjaan Nomor 1 Tahun 2025 addresses registration of non-civil service employees in government agencies to BPJS Ketenagakerjaan (social security) programs.

Source: https://jdih.kemnaker.go.id/asset/data_puu/2025pmnaker001.pdf

4.4 Public Sector vs. Private Sector

Private Sector Employment: Governed by Law No. 13/2003 and implementing regulations.

Civil Servants (Aparatur Sipil Negara – ASN): Governed by separate civil service regulations, not Law No. 13/2003.

Non-ASN Government Employees: Recent regulations extend BPJS Ketenagakerjaan coverage to non-civil service employees in government agencies.

Source: https://www.nakertrans.bungokab.go.id/page/13-peraturan

4.5 Foreign Workers

Law No. 13 of 2003 includes provisions on “Penggunaan Tenaga Kerja Asing” (Utilization of Foreign Workers).

Government Regulation No. 34 of 2021 on the Use of Foreign Workers (Peraturan Pemerintah Nomor 34 Tahun 2021 tentang Penggunaan Tenaga Kerja Asing) establishes current framework.

Source: https://www.nakertrans.bungokab.go.id/page/13-peraturan

Work Permits: Foreign nationals generally require work permits (Izin Mempekerjakan Tenaga Kerja Asing – IMTA) to work in Indonesia, including for remote work arrangements where the individual is physically located in Indonesia.

Remote Work for Foreign Companies: The legal framework for Indonesian citizens working remotely for foreign companies while residing in Indonesia, or foreign nationals working remotely for foreign companies while in Indonesia, involves consideration of:

  • Immigration status
  • Work permit requirements
  • Tax residency
  • Social security obligations

Note: Specific guidance on these cross-border remote work scenarios should be obtained from relevant government authorities.

4.6 Industry-Specific Considerations

While Law No. 13/2003 applies generally across sectors, certain provisions allow for industry-specific adaptations:

Government Regulation No. 35/2021 provides for “waktu kerja pada sektor usaha atau pekerjaan tertentu” (working hours in certain business sectors or specific work).

Source: https://peraturan.bpk.go.id/Details/161904/pp-no-35-tahun-2021/

Sectoral Minimum Wages: Different minimum wages may apply to specific sectors (Upah Minimum Sektoral).

4.7 Informal Workers

According to BPJS Ketenagakerjaan:

“Ekosistem ketenangakerjaan kita poinnya makin informal. Kedua, pola kerja kita, hubungan kerja tidak lagi hubungan kerja industrial, tapi namanya hubungan kerja kemitraan.”

English translation: “Our employment ecosystem is increasingly informal. Secondly, our work patterns, employment relationships are no longer industrial employment relationships, but are called partnership employment relationships.”

Source: https://www.bpjsketenagakerjaan.go.id/berita/29210/BPJS-Ketenagakerjaan-fokus-perbesar-kepesertaan-pekerja-informal

Informal Worker Coverage: As of February 2024, approximately 84.13 million workers in Indonesia were classified as informal workers.

Social Security Extension: BPJS Ketenagakerjaan has programs to extend social security coverage to informal workers (Bukan Penerima Upah – BPU).

Source: https://www.bpjsketenagakerjaan.go.id/berita/29210/BPJS-Ketenagakerjaan-fokus-perbesar-kepesertaan-pekerja-informal

4.8 Platform-Based Workers / Gig Economy

According to research published in DPR RI (House of Representatives):

“Gig workers have made significant contributions to Indonesia’s economy. However, protection for gig workers remains minimal, which has led to repeated demonstrations demanding better safeguards.”

“In 2019, they totaled 2.3 million or 1.7 percent of the labor force. The economic contribution of gig workers is also substantial. In 2019, services from Grab contributed Rp77.4 trillion.”

Current Legal Status: “Gig workers are considered partners under partnership agreements. Ideally, this implies equal footing with the platform. However, due to technological control by the platform, unilateral decisions often disadvantage workers.”

Regulatory Development: “The revision of the Manpower Law is currently being prepared by Commission IX of the DPR RI and is listed in the 2025 National Legislative Program.”

Source: https://berkas.dpr.go.id/pusaka/files/info_singkat/Info%20Singkat-XVII-5-I-P3DI-Maret-2025-209-EN.pdf

Voluntary vs. Mandatory Arrangements

5.1 Mutual Agreement Principle

Indonesian labor law operates on the principle of mutual agreement between employers and employees regarding employment terms.

Law No. 13 of 2003, Article 52 provides:

“Perjanjian kerja dibuat atas dasar: a. kesepakatan kedua belah pihak; b. kemampuan atau kecakapan melakukan perbuatan hukum; c. adanya pekerjaan yang diperjanjikan; dan d. pekerjaan yang diperjanjikan tidak bertentangan dengan ketertiban umum, kesusilaan, dan peraturan perundang-undangan yang berlaku.”

English translation: “Employment agreements are made on the basis of: a. agreement of both parties; b. ability or capacity to perform legal acts; c. existence of the agreed work; and d. the agreed work does not conflict with public order, morality, and applicable laws and regulations.”

Source: https://jdih.kemnaker.go.id/asset/data_puue/UU_NO_13_Thn_2003.pdf

Application to Remote Work: The mutual agreement principle means remote work arrangements require consent from both employer and employee.

5.2 Absence of Mandatory Remote Work Obligation

No Statutory Right to Remote Work: Indonesian labor law does not currently establish a statutory right for employees to demand remote work arrangements.

No Employer Obligation to Offer Remote Work: Employers are not legally required to offer remote work options to employees.

Contractual Basis: Remote work arrangements are established through employment agreements, company regulations, or collective labor agreements based on mutual consent.

5.3 Employer Prerogative

Employers retain discretion to:

  • Determine which positions are suitable for remote work
  • Establish eligibility criteria for remote work
  • Approve or deny remote work requests based on operational needs
  • Modify or terminate remote work arrangements in accordance with employment agreements and applicable law

5.4 Employee Consent

Modification of Work Location: Any change to established work location (whether from office to remote, or remote to office) requires mutual agreement.

Protection Against Unilateral Changes: Fundamental changes to employment terms without employee consent may constitute grounds for constructive dismissal under Indonesian labor law principles.

5.5 Right to Request Flexible Work Arrangements

Current Position: Unlike some jurisdictions (such as Singapore’s recent Tripartite Guidelines on Flexible Work Arrangement Requests effective December 2024), Indonesia does not currently have statutory or regulatory frameworks establishing a formal “right to request” flexible work arrangements.

Absence of Formal Request Procedure: There is no legislated process requiring employers to:

  • Consider formal requests for remote work
  • Respond within specified timeframes
  • Provide written reasons for refusal

Note: Future regulatory developments may address flexible work arrangement request procedures. Monitor Ministry of Manpower announcements for updates.

5.6 Collective Bargaining

Trade Union Role: In workplaces with trade unions and collective labor agreements (Perjanjian Kerja Bersama – PKB), remote work policies may be subject to collective bargaining.

Law No. 13/2003 establishes the framework for industrial relations and collective bargaining, which can address working conditions including work location arrangements.

5.7 COVID-19 Emergency Measures

Historical Context: During the COVID-19 pandemic, the Indonesian government issued emergency circulars encouraging or requiring work-from-home arrangements in certain circumstances.

Current Status: As of 2025, pandemic-era emergency work-from-home mandates are no longer in effect. Remote work arrangements revert to voluntary, mutually agreed basis.

5.8 Company Policy Discretion

Company Regulations (Peraturan Perusahaan): Companies with 10-49 employees may establish remote work policies through company regulations, which must be registered with local manpower authorities.

Collective Labor Agreements (Perjanjian Kerja Bersama): Companies with trade unions must negotiate remote work policies with union representatives.

Individual Employment Agreements: For positions not covered by collective agreements, remote work terms are established in individual employment contracts.

Written Agreement Requirements

6.1 Employment Agreement Requirements

Law No. 13 of 2003, Article 51 provides:

“Perjanjian kerja dibuat secara tertulis atau lisan.”

English translation: “Employment agreements are made in writing or orally.”

Article 54 specifies requirements for written employment agreements:

“Perjanjian kerja yang dibuat secara tertulis sekurang-kurangnya memuat: a. nama, alamat perusahaan, dan jenis usaha; b. nama, jenis kelamin, umur, dan alamat pekerja/buruh; c. jabatan atau jenis pekerjaan; d. tempat pekerjaan; e. besarnya upah dan cara pembayarannya; f. syarat-syarat kerja yang memuat hak dan kewajiban pengusaha dan pekerja/buruh; g. mulai dan jangka waktu berlakunya perjanjian kerja; h. tempat dan tanggal perjanjian kerja dibuat; dan i. tanda tangan para pihak dalam perjanjian kerja.”

English translation: “Written employment agreements must contain at a minimum: a. name, address of the company, and type of business; b. name, gender, age, and address of the worker/laborer; c. position or type of work; d. place of work; e. amount of wages and method of payment; f. working conditions containing the rights and obligations of the employer and worker/laborer; g. commencement and duration of the employment agreement; h. place and date the employment agreement was made; and i. signatures of the parties to the employment agreement.”

Source: https://jdih.kemnaker.go.id/asset/data_puue/UU_NO_13_Thn_2003.pdf

6.2 Remote Work Agreement Provisions

Work Location Specification: Article 54(d) requires specification of “tempat pekerjaan” (place of work).

For Remote Work: The employment agreement should specify:

  • Primary work location (e.g., “employee’s residence” or “remote location”)
  • Or: Hybrid arrangement specifying days/frequency of office vs. remote work
  • Or: Flexible work location arrangement

Working Conditions: Article 54(f) requires specification of “syarat-syarat kerja yang memuat hak dan kewajiban pengusaha dan pekerja/buruh” (working conditions containing the rights and obligations of the employer and worker/laborer).

For Remote Work, this should address:

  • Work hours and availability expectations
  • Communication protocols
  • Equipment provision
  • Expense reimbursement
  • Performance monitoring
  • Data security requirements
  • Right to disconnect (if applicable)

6.3 Fixed-Term Employment Agreements (PKWT) – Additional Requirements

Government Regulation No. 35/2021 establishes specific requirements for PKWT agreements.

According to the regulation, PKWT must be made in writing and contain specific elements beyond those in Article 54 of Law No. 13/2003, including:

  • Specific duration or project completion criteria
  • Nature of work (temporary, seasonal, project-based, etc.)
  • Compensation upon completion

PKWT for Remote Workers: If remote work is performed under PKWT, all PKWT-specific requirements apply in addition to work location specifications.

6.4 Language Requirements

Law No. 13 of 2003, Article 57 provides:

“(1) Perjanjian kerja untuk waktu tertentu dibuat secara tertulis serta harus menggunakan bahasa Indonesia dan huruf latin. (2) Perjanjian kerja untuk waktu tertentu yang dibuat tidak tertulis bertentangan dengan ketentuan sebagaimana dimaksud dalam ayat (1) dinyatakan sebagai perjanjian kerja untuk waktu tidak tertentu.”

English translation: “(1) Fixed-term employment agreements are made in writing and must use the Indonesian language and Latin alphabet. (2) Fixed-term employment agreements that are not made in writing contrary to the provisions referred to in paragraph (1) are declared as indefinite-term employment agreements.”

Application: While Article 57 specifically addresses PKWT, best practice dictates using Indonesian language for all written employment agreements to ensure enforceability.

Bilingual Agreements: Agreements may include translations in other languages (e.g., English), but the Indonesian version governs in case of discrepancy.

6.5 Amendment Procedures

Mutual Consent for Amendments: Any modification to the employment agreement, including changes to remote work arrangements, requires mutual consent of both parties.

Written Amendment: Amendments to written employment agreements should be documented in writing (addendum to the original agreement).

Example: Converting an office-based position to remote work, or vice versa, constitutes a modification of “tempat pekerjaan” (place of work) under Article 54(d) and requires written amendment.

6.6 Company Regulations and Collective Labor Agreements

Law No. 13/2003 distinguishes between:

Peraturan Perusahaan (Company Regulations): For companies employing 10-49 workers without a collective labor agreement.

Perjanjian Kerja Bersama (Collective Labor Agreements): For companies with trade unions.

Remote Work Policies: Remote work eligibility, procedures, and conditions may be addressed in:

  • Individual employment agreements
  • Company regulations (for non-unionized workplaces)
  • Collective labor agreements (for unionized workplaces)

Hierarchy: In unionized workplaces, individual employment agreements must not provide terms less favorable than those in the collective labor agreement.

6.7 Registration and Notification Requirements

Company Regulations: Must be registered with the local Manpower Office.

PKWT: Must be registered with the local Manpower Office no later than 7 (seven) working days from the date of signing.

Collective Labor Agreements: Must be registered with responsible agencies.

Remote Work Implication: If remote work policies are incorporated into company regulations or collective labor agreements, those documents must be properly registered.

6.8 Record Keeping

Employer Obligation: Employers must maintain records of employment agreements for each employee.

Remote Work Documentation: Employers should maintain documentation of:

  • Original employment agreements specifying remote work arrangements
  • Any amendments to work location arrangements
  • Written approvals for remote work (if applicable)
  • Equipment provision records
  • Expense reimbursement records

Employer Legal Obligations

7.1 General Employment Obligations

Law No. 13 of 2003 establishes employer obligations applicable to all employment relationships, including remote work:

Article 6: Equal opportunity and treatment in employment without discrimination.

Wages: Payment of wages in accordance with minimum wage requirements and employment agreement.

Working Hours: Compliance with maximum working hour limitations.

Rest Periods: Provision of required rest periods and leave.

Occupational Safety and Health: Ensuring workplace safety and health.

Social Security: Registration and contribution to social security programs.

Termination Protection: Compliance with termination procedures and severance requirements.

Source: https://jdih.kemnaker.go.id/asset/data_puue/UU_NO_13_Thn_2003.pdf

7.2 Wage Payment Obligations

Minimum Wage Compliance: Employers must pay at least the applicable minimum wage.

Government Regulation No. 36/2021 as amended by PP No. 51/2023 establishes:

Provincial Minimum Wage (Upah Minimum Provinsi – UMP): Set by provincial governors.

Regency/City Minimum Wage (Upah Minimum Kabupaten/Kota – UMK): May be set by governors if calculated value exceeds UMP.

Minimum Wage Determination Formula: According to PP No. 51/2023, minimum wage calculation considers:

  • Economic growth
  • Inflation
  • Specific indices

Source: https://peraturan.bpk.go.id/Details/270269

2025 Minimum Wages: Provincial and regency/city minimum wages for 2025 have been established by respective governors.

According to Satu Data Ketenagakerjaan: “Upah Minimum Provinsi (UMP) Tahun 2025”

Source: https://satudata.kemnaker.go.id/data/kumpulan-data/2252

Example – DKI Jakarta:

According to Governor’s Decree No. 829 of 2024: “Keputusan Gubernur Nomor 829 Tahun 2024 tentang Upah Minimum Provinsi Tahun 2025” Issued: December 10, 2024

Source: https://jdih.jakarta.go.id/dokumen/detail/14171

Example – Central Kalimantan:

According to official announcement: “Gubernur Kalteng Tetapkan UM dan UMS Kabupaten/ Kota Tahun 2025; Kenaikan 6,5 Persen dari Tahun 2024”

Palangka Raya City minimum wage 2025: Rp 3,525,154.26 Regional minimum wages vary by regency/city.

Source: https://mmc.kalteng.go.id/berita/read/45897/gubernur-kalteng-tetapkan-um-dan-ums-kabupaten-kota-tahun-2025-kenaikan-6-5-persen-dari-tahun-2024

Wage Payment Methods: PP No. 36/2021 regulates “bentuk dan cara pembayaran upah” (forms and methods of wage payment).

Remote Workers: Minimum wage requirements apply equally to remote workers.

Location-Based Minimum Wage: Where the work is performed remotely from a location different from the employer’s location, clarification of applicable minimum wage (employer location vs. employee location) should be addressed in the employment agreement.

7.3 Working Hours and Overtime

Maximum Working Hours: Government Regulation No. 35/2021 establishes:

  • Maximum 7 hours per day and 40 hours per week for 6-day work week
  • Maximum 8 hours per day and 40 hours per week for 5-day work week

Source: https://rechtsvinding.bphn.go.id/articles/1045

Application to Remote Work: Maximum working hour limitations apply to remote workers.

Overtime: Work performed beyond normal working hours constitutes overtime (kerja lembur) and must be compensated according to statutory overtime rates.

Overtime Compensation: PP No. 35/2021 regulates “Waktu Kerja Lembur dan Upah Kerja Lembur” (Overtime Work Hours and Overtime Wages).

Overtime Limitations: Statutory limits exist on maximum permissible overtime hours.

Remote Work Tracking: Employers must establish systems to track remote workers’ working hours to ensure compliance with maximum working hour limitations.

7.4 Rest Periods and Leave

Law No. 13/2003 establishes requirements for:

Daily Rest: Between working days Weekly Rest: At least 1 day per week (typically Sunday or rotational) Annual Leave: At least 12 working days after 12 months of continuous service

Public Holidays: Recognition of official Indonesian public holidays

Application to Remote Workers: Rest period and leave entitlements apply equally to remote workers.

7.5 Occupational Safety and Health

Law No. 1 of 1970 on Occupational Safety establishes employer obligations to ensure workplace safety.

Application to Remote Work Environments:

Home Office Safety: While Law No. 1/1970 was enacted before widespread remote work, occupational safety principles extend to work environments, including home offices.

Employer Responsibility: Employers retain obligations to:

  • Provide safe working equipment
  • Ensure ergonomic work setups (where employer provides equipment)
  • Address occupational health risks

Practical Limitations: Direct employer control over home environments is limited compared to traditional workplaces. Employment agreements should address respective employer and employee responsibilities for home office safety.

Government Regulation No. 50 of 2012 on Implementation of Occupational Safety and Health Management Systems addresses safety management frameworks.

Source: https://peraturan.go.id/id/uu-no-13-tahun-2003

7.6 Social Security Obligations

BPJS Ketenagakerjaan (Employment Social Security Administering Body) manages employment-related social security programs in Indonesia.

Official Website: https://www.bpjsketenagakerjaan.go.id/en

Programs:

JKK (Jaminan Kecelakaan Kerja): Work Accident Insurance JKM (Jaminan Kematian): Death Insurance JHT (Jaminan Hari Tua): Old Age Insurance JP (Jaminan Pensiun): Pension Insurance JKP (Jaminan Kehilangan Pekerjaan): Job Loss Insurance

Employer Obligations:

According to Peraturan Menteri Ketenagakerjaan: “Permenaker No. 5 Tahun 2021: Tentang Tata Cara Penyelenggaraan Program Jaminan Kecelakaan Kerja, Jaminan Kematian, dan Jaminan Hari Tua.”

Source: https://www.nakertrans.bungokab.go.id/page/13-peraturan

Registration: Employers must register employees with BPJS Ketenagakerjaan.

Contributions: Employers and employees must make monthly contributions according to statutory rates.

Remote Workers: BPJS Ketenagakerjaan enrollment and contribution obligations apply to remote workers.

Recent Development:

“Peraturan Menteri Ketenagakerjaan Nomor 1 Tahun 2025: Mewajibkan pendaftaran pegawai non-ASN di instansi pemerintah ke dalam program JKK, JKM, dan JHT dari BPJS Ketenagakerjaan.”

English translation: Ministerial Regulation No. 1/2025 mandates registration of non-civil service employees in government agencies to JKK, JKM, and JHT programs from BPJS Ketenagakerjaan.

Source: https://www.nakertrans.bungokab.go.id/page/13-peraturan

7.7 Data Protection and Confidentiality

Employer Responsibility: Employers must protect employee personal data and maintain confidentiality of company information.

Remote Work Context: Employment agreements should address:

  • Employee obligations to maintain data security
  • Use of company equipment and systems
  • Protection of confidential information
  • Cybersecurity protocols

7.8 Nondiscrimination

Law No. 13/2003, Article 5 provides:

“Setiap tenaga kerja memiliki kesempatan yang sama tanpa diskriminasi untuk memperoleh pekerjaan.”

English translation: “Every worker has equal opportunity without discrimination to obtain employment.”

Article 6 provides:

“Setiap pekerja/buruh berhak memperoleh perlakuan yang sama tanpa diskriminasi dari pengusaha.”

English translation: “Every worker/laborer has the right to receive equal treatment without discrimination from the employer.”

Application to Remote Work: Remote workers must receive equal treatment regarding:

  • Wages and benefits
  • Training and development opportunities
  • Promotion opportunities
  • Terms and conditions of employment

Source: https://jdih.kemnaker.go.id/asset/data_puue/UU_NO_13_Thn_2003.pdf

7.9 Training and Development

Law No. 13/2003 establishes framework for “Pelatihan Kerja” (Job Training).

Employer Obligation: Employers should provide remote workers with access to training and professional development opportunities equivalent to those provided to office-based workers.

7.10 Performance Management

Employer Right: Employers retain the right to establish performance standards and monitor employee performance.

Remote Work Context: Performance management systems must be adapted for remote work, with clear, objective, and measurable performance criteria.

Supervision Methods: Employment agreements should specify how employer will monitor and evaluate remote worker performance.

Equipment and Expense Provisions

8.1 General Framework

Indonesian labor law does not contain comprehensive specific provisions addressing equipment and expense allocation for remote work. These matters are typically governed by:

Employment Agreements: Individual contracts specifying equipment provision and expense reimbursement Company Regulations: Internal policies on equipment and expenses Collective Labor Agreements: Negotiated terms for unionized workplaces

8.2 Equipment Provision

No Statutory Requirement: Law No. 13/2003 and implementing regulations do not explicitly require employers to provide equipment for remote work.

Contractual Basis: Whether the employer or employee provides work equipment (computers, phones, furniture, etc.) is determined by:

  • Terms of employment agreement
  • Company policy
  • Collective labor agreement (if applicable)
  • Industry practice

Common Arrangements:

Employer-Provided Equipment: Employers may provide necessary work equipment (computers, phones, software licenses) and retain ownership.

Employee-Owned Equipment: Employees may use personal equipment with employer’s consent, potentially with compensation or allowance.

Hybrid Approach: Employer provides certain equipment (laptop, phone) while employee responsible for workspace setup (desk, chair, internet connection).

8.3 Equipment Ownership and Return

Employer-Owned Equipment:

Ownership: Equipment provided by employer typically remains employer property.

Return Obligation: Upon termination of employment or cessation of remote work arrangement, employee must return employer-provided equipment.

Condition: Equipment should be returned in reasonable condition, accounting for normal wear and tear.

Loss or Damage: Employment agreements may specify employee liability for loss or damage to employer-provided equipment beyond normal use.

8.4 Internet and Telecommunications Expenses

No Statutory Reimbursement Requirement: Indonesian labor law does not explicitly require employers to reimburse internet, telephone, or electricity costs for remote work.

Contractual Arrangements:

Fixed Allowance: Employers may provide monthly allowance for internet and telecommunications expenses.

Reimbursement: Employers may reimburse actual expenses upon submission of receipts/documentation.

No Reimbursement: Some arrangements may require employees to cover these costs using their regular wages.

Inclusion in Wage Structure: Some employers may increase base wages or provide specific allowances to account for remote work expenses.

8.5 Home Office Setup

Furniture and Ergonomics:

No Statutory Requirement: No explicit legal requirement for employers to provide home office furniture (desks, chairs, etc.).

Employer Discretion: Some employers may:

  • Provide furniture or ergonomic equipment
  • Offer allowances for home office setup
  • Require employees to provide their own workspace

Occupational Health Considerations: While not legally mandated, employers concerned about occupational health may provide or subsidize ergonomic equipment.

8.6 Software and Licenses

Work-Related Software: Employers typically provide necessary software licenses and access to company systems required for remote work performance.

Security Software: Employers often provide or require installation of security software (VPN, antivirus, etc.) on devices used for work.

8.7 Expense Reimbursement Procedures

Documentation Requirements: If employers provide expense reimbursement, procedures typically require:

  • Submission of receipts or invoices
  • Expense reports
  • Approval processes
  • Payment timelines

Inclusion in Employment Agreement: Expense reimbursement policies and procedures should be specified in employment agreements or company regulations.

8.8 Tax Treatment

Wage Components: Government Regulation No. 36/2021 establishes wage component classifications.

According to PP No. 36/2021, wages consist of components:

  1. Wages without allowances
  2. Basic wages and fixed allowances
  3. Basic wages, fixed allowances, and non-fixed allowances
  4. Basic wages and non-fixed allowances

Source: https://peraturan.bpk.go.id/Details/161909/pp-no-36-tahun-2021

Remote Work Allowances: Classification of remote work allowances (equipment allowances, internet allowances, etc.) as wage components has tax implications for both employer and employee.

Tax Authority Guidance: Specific tax treatment questions should be directed to Directorate General of Taxes (Direktorat Jenderal Pajak).

8.9 Electricity Costs

No Reimbursement Requirement: Indonesian labor law does not explicitly require employer reimbursement of electricity costs attributable to remote work.

Practical Approach: Some employers may:

  • Include estimated electricity costs in monthly allowances
  • Provide fixed remote work allowance covering various expenses
  • Require employees to absorb electricity costs

8.10 Maintenance and Repairs

Employer-Provided Equipment:

Maintenance: Employers typically bear responsibility for maintaining equipment they provide.

Repairs: Employers generally cover repair costs for equipment provided, unless damage results from employee negligence or misuse.

Replacement: Employers determine replacement cycles for aging equipment.

Employee-Owned Equipment:

Responsibility: Employees bear maintenance and repair costs for their own equipment used for work purposes.

Compensation: Some arrangements may provide allowances or reimbursement for maintenance of employee-owned equipment used for work.

8.11 Insurance Considerations

Equipment Insurance: Employers may insure company-owned equipment issued to remote workers.

Liability: Employment agreements should address liability for loss, theft, or damage to equipment in employee’s possession.

8.12 Record Keeping

Employer Obligation: Employers should maintain records of:

  • Equipment issued to each remote worker
  • Serial numbers and asset tags
  • Issue dates and condition upon issuance
  • Return dates and condition upon return
  • Expense reimbursements provided

Employee Obligation: Employees should maintain records of:

  • Employer-provided equipment in their possession
  • Reimbursable expenses incurred
  • Expense documentation (receipts, invoices)

Working Hours and Overtime Regulations

9.1 Maximum Working Hours

Government Regulation No. 35 of 2021 establishes maximum working hours:

According to official implementation studies:

“PP No. 35/2021, yaitu maksimal 7 jam per hari untuk 6 hari kerja dan 8 jam per hari untuk 5 hari kerja.”

English translation: “PP No. 35/2021, namely a maximum of 7 hours per day for a 6-day work week and 8 hours per day for a 5-day work week.”

Source: https://rechtsvinding.bphn.go.id/articles/1045

Weekly Maximum: Total weekly working hours must not exceed 40 hours.

Two Authorized Schedules:

Schedule 1: 7 hours per day × 6 days = 42 hours per week maximum 40 hours implementation Schedule 2: 8 hours per day × 5 days = 40 hours per week

Application to Remote Work: These maximum working hour limits apply equally to remote workers and office-based workers.

Legal Basis: PP No. 35/2021, Section on “Waktu Kerja pada sektor usaha atau pekerjaan tertentu” (Working hours in certain business sectors or specific work).

Source: https://peraturan.bpk.go.id/Details/161904/pp-no-35-tahun-2021/

9.2 Overtime Work

Definition: Work performed beyond normal working hours constitutes overtime work (kerja lembur).

Government Regulation No. 35/2021 regulates “Waktu Kerja Lembur dan Upah Kerja Lembur” (Overtime Work Hours and Overtime Wages).

Source: https://peraturan.bpk.go.id/Details/161904/pp-no-35-tahun-2021/

Overtime Limitations: Indonesian labor regulations establish maximum permissible overtime hours to protect worker health and safety.

Typical Limits (subject to verification from official PP No. 35/2021 text):

  • Maximum 3 hours per day
  • Maximum 14 hours per week

Overtime Authorization: Overtime work typically requires:

  • Employee consent
  • Employer authorization
  • Documentation of overtime hours worked

9.3 Overtime Compensation

Statutory Overtime Rates: Overtime work must be compensated at rates exceeding regular hourly wages.

Formula: Overtime wages are calculated based on monthly wage converted to hourly rate, then multiplied by overtime rate multipliers.

Common Overtime Rates (subject to verification from official PP No. 35/2021 provisions):

  • First hour: 1.5 times regular hourly rate
  • Subsequent hours: 2 times regular hourly rate
  • Overtime on weekly rest days/holidays: Higher multipliers

Payment: Overtime wages must be paid in addition to regular wages.

9.4 Remote Work Hour Tracking

Employer Obligation: Employers must establish systems to accurately track remote workers’ working hours.

Methods:

  • Time tracking software
  • Login/logout systems
  • Self-reporting timesheets (subject to verification)
  • Project management tools with time logging
  • Regular check-ins and reporting

Challenges: Remote work creates tracking challenges compared to office environments with physical time clocks.

Best Practices:

  • Clear policies on work hour documentation
  • Digital time tracking systems
  • Regular supervisor oversight
  • Monthly reconciliation of hours worked

9.5 Flexible Schedules

Core Hours: Some remote work arrangements establish “core hours” when employees must be available, with flexibility for remaining hours.

Results-Based: Some arrangements focus on deliverables rather than strict hourly tracking, while still ensuring compliance with maximum working hour limits.

Important: Even under flexible arrangements, total hours worked cannot exceed statutory maximums, and overtime hours must be properly tracked and compensated.

9.6 Rest Breaks

Daily Rest Periods: Workers are entitled to rest breaks during working hours.

Typical Provisions:

  • Rest break after certain continuous working hours
  • Meal breaks

Application to Remote Work: Remote workers retain entitlement to rest breaks. Employment agreements should specify:

  • Duration of authorized breaks
  • Scheduling of break times
  • Whether breaks are paid or unpaid

9.7 Time Off Between Working Days

Daily Rest: Workers are entitled to rest periods between working days.

Typical Requirement: Minimum continuous rest between end of one workday and start of next workday (commonly 11-12 hours).

Application to Remote Work: Daily rest period requirements apply to remote workers. Employers should not contact or require work from remote employees during designated rest periods.

9.8 Weekly Rest Day

Law No. 13/2003 establishes entitlement to weekly rest.

Minimum Requirement: At least 1 day of rest per week.

Common Practice: Weekly rest on Sunday, though other days may be designated.

Rotational Rest: For industries requiring 7-day operations, weekly rest may be on rotational basis.

Application to Remote Work: Remote workers are entitled to weekly rest days. Work performed on weekly rest days may constitute overtime requiring additional compensation.

9.9 Right to Disconnect

Current Regulatory Position: Indonesian labor law does not currently establish an explicit statutory “right to disconnect” comparable to regulations in some other jurisdictions (e.g., France, Philippines).

Practical Considerations:

  • Employers should respect employees’ non-working hours
  • After-hours communications should generally be limited to emergencies
  • Employment agreements may address expectations for after-hours availability

Best Practices:

  • Clear policies on after-hours communication
  • Respect for work-life boundaries
  • Limitations on expectations for immediate responses outside working hours

9.10 Shift Work for Remote Workers

Applicability: If remote workers perform shift work (e.g., customer service across time zones), shift work regulations apply.

Shift Transitions: Regulations governing shift work, night shifts, and shift premiums apply equally to remote shift workers.

9.11 Compressed Work Weeks

Flexibility: Subject to mutual agreement and compliance with maximum weekly hours (40 hours), employers and employees may arrange compressed work weeks.

Example: Working 4 days × 10 hours (subject to maximum daily hour limits and mutual agreement).

Note: Any arrangement must comply with maximum working hour requirements established in PP No. 35/2021.

9.12 Time Recording and Documentation

Employer Obligation: Employers must maintain accurate records of:

  • Working hours for each employee
  • Overtime hours worked
  • Rest periods taken
  • Days off

Employee Obligation: Employees must accurately report working hours through employer-designated systems.

Audit and Inspection: Labor inspectors may request working hour records during compliance inspections.

9.13 Consequences of Violations

Underpayment of Overtime: Failure to properly compensate overtime constitutes wage violation.

Excessive Working Hours: Requiring work beyond maximum permitted hours violates worker protection regulations.

Administrative Sanctions: PP No. 35/2021 establishes administrative sanctions for violations.

Worker Remedies: Workers may file complaints with labor authorities regarding working hour violations.

Health and Safety Requirements

10.1 Occupational Safety and Health Framework

Law No. 1 of 1970 on Occupational Safety (Undang-Undang Nomor 1 Tahun 1970 tentang Keselamatan Kerja) establishes the foundational framework for workplace safety in Indonesia.

Applicability: While enacted before widespread remote work, occupational safety principles apply to all work environments where employees perform work-related duties.

Employer Responsibility: Employers bear responsibility for ensuring safe working conditions.

10.2 Occupational Safety and Health Management Systems

Government Regulation No. 50 of 2012 on Implementation of Occupational Safety and Health Management Systems (Peraturan Pemerintah Nomor 50 Tahun 2012 tentang Penerapan Sistem Manajemen Keselamatan dan Kesehatan Kerja).

Source: https://peraturan.go.id/id/uu-no-13-tahun-2003

System Requirements: Establishes frameworks for companies to implement systematic OSH management.

Application to Remote Work: While traditional OSH management systems focus on physical workplaces, principles extend to remote work arrangements where feasible.

10.3 Remote Work Environment Safety

Limited Direct Control: Employers have limited ability to directly control home office environments compared to company premises.

Reasonable Measures: Employers should take reasonable measures to promote safe remote work environments:

Equipment Safety: Providing safe, properly functioning work equipment Ergonomic Guidance: Offering guidance on proper workstation setup Safety Training: Providing training on home office safety practices Risk Assessment: Assessing and addressing identified safety risks

10.4 Equipment Safety Standards

Employer-Provided Equipment: Equipment provided by employers should meet safety standards:

  • Electrical safety compliance
  • Proper functioning
  • Regular maintenance
  • Replacement of defective equipment

Employee-Owned Equipment: If employees use personal equipment for work, employment agreements should address:

  • Minimum safety standards
  • Employer inspection rights (if any)
  • Employee responsibility for maintaining safe equipment

10.5 Ergonomic Considerations

Musculoskeletal Health: Extended computer work creates ergonomic risks.

Employer Measures:

  • Providing or subsidizing ergonomic equipment (chairs, keyboards, monitor stands)
  • Offering ergonomic training
  • Encouraging regular breaks and stretching
  • Conducting virtual ergonomic assessments

Employee Responsibility: Employees should:

  • Arrange workspaces to minimize ergonomic risks
  • Follow employer-provided ergonomic guidance
  • Report ergonomic concerns to supervisors

10.6 Work Accident Insurance Coverage

BPJS Ketenagakerjaan administers the Work Accident Insurance (Jaminan Kecelakaan Kerja – JKK) program.

Coverage: JKK covers work-related accidents and occupational diseases.

Remote Work Application:

Work-Related Accidents: Accidents occurring while performing work duties in remote work locations may qualify for JKK coverage.

Determination: Whether a specific accident qualifies as work-related requires case-by-case assessment.

Reporting: Employers must report work accidents to BPJS Ketenagakerjaan according to prescribed procedures.

Official Information: https://www.bpjsketenagakerjaan.go.id/en

10.7 Fire Safety

Home Office Risks: Remote work locations may present fire risks.

Employer Guidance: Employers may provide guidance on:

  • Electrical safety (avoiding overloaded circuits)
  • Proper equipment use
  • Fire escape awareness
  • Smoke detector recommendations (though employers typically cannot mandate modifications to employee residences)

10.8 Mental Health and Wellbeing

Psychosocial Risks: Remote work can present mental health challenges:

  • Social isolation
  • Work-life boundary erosion
  • Increased stress
  • Overwork

Employer Support:

  • Encouraging regular breaks
  • Promoting work-life balance
  • Providing access to employee assistance programs
  • Fostering team connection through virtual meetings
  • Monitoring for signs of burnout

10.9 Visual Display Unit (Computer Screen) Health

Eye Strain: Extended computer work creates eye strain risks.

Preventive Measures:

  • Encouraging regular breaks from screen viewing (20-20-20 rule: every 20 minutes, look at something 20 feet away for 20 seconds)
  • Promoting proper monitor positioning
  • Ensuring adequate lighting
  • Providing eye health information

10.10 Safety Training

Law No. 13/2003 addresses job training (Pelatihan Kerja).

Remote Work Safety Training: Employers should provide remote workers with training on:

  • Home office safety
  • Ergonomic best practices
  • Electrical safety
  • Emergency procedures
  • Mental health awareness
  • Cybersecurity (data protection aspect)

10.11 Incident Reporting

Employer Procedures: Employers should establish procedures for remote workers to report:

  • Work-related accidents
  • Near-miss incidents
  • Safety concerns
  • Equipment malfunctions
  • Ergonomic issues

Timely Reporting: Prompt reporting enables employers to:

  • Fulfill BPJS Ketenagakerjaan reporting obligations
  • Investigate incidents
  • Implement corrective measures
  • Document incidents for compliance purposes

10.12 Inspections and Assessments

Physical Worksite Inspections: Traditional labor inspections focus on employer premises.

Remote Work Challenges: Labor inspectors typically cannot inspect employees’ private residences.

Alternative Approaches:

  • Virtual safety assessments
  • Employee self-assessment checklists
  • Photographic documentation of workspaces (voluntary)
  • Safety compliance certifications

10.13 Emergency Procedures

Emergency Contacts: Remote workers should have access to:

  • Emergency contact information
  • Supervisor contact details
  • Company security/safety personnel
  • Local emergency services

Emergency Protocols: Employers should establish protocols for:

  • Medical emergencies during work hours
  • Natural disasters
  • Security incidents
  • Technology failures preventing work

10.14 Occupational Health Surveillance

Periodic Health Examinations: Some industries require periodic health examinations for workers.

Application to Remote Workers: Remote workers in industries requiring health surveillance should receive periodic examinations consistent with office-based workers.

10.15 Panitia Pembina Keselamatan dan Kesehatan Kerja (P2K3)

Occupational Safety and Health Development Committee: Companies meeting certain thresholds must establish P2K3.

Recent Regulation:

According to JDIH Kemnaker: “Peraturan Menteri Nomor 13 Tahun 2025 tentang Panitia Pembina Keselamatan dan Kesehatan Kerja”

Source: https://jdih.kemnaker.go.id/asset/data_puu/2025pmnaker013.pdf

P2K3 Role: P2K3 may address remote work safety issues as part of overall company OSH management.

Data Protection and Privacy

11.1 Data Protection Framework

Note: Indonesia does not yet have comprehensive data protection legislation equivalent to GDPR or similar frameworks in other jurisdictions.

Current Regulatory Landscape:

Law No. 19 of 2016 on Amendments to Law No. 11 of 2008 on Electronic Information and Transactions (UU ITE) contains provisions related to electronic data protection.

Pending Legislation: Personal Data Protection Law (RUU Perlindungan Data Pribadi) has been under consideration but specific enacted provisions should be verified through current official sources.

Sectoral Regulations: Certain sectors (banking, telecommunications, healthcare) have specific data protection requirements.

11.2 Confidentiality Obligations

Employment Relationship: Employees have implied duty of confidentiality to employers regarding:

  • Trade secrets
  • Proprietary information
  • Customer data
  • Business strategies
  • Technical information

Enhanced Remote Work Risks: Remote work creates heightened data security risks:

  • Work performed on home networks
  • Potential use of personal devices
  • Physical document storage in residences
  • Unsecured communication channels

11.3 Employment Agreement Provisions

Remote Work Agreements should address:

Confidentiality Obligations:

  • Scope of confidential information
  • Prohibited disclosures
  • Duration of confidentiality duties
  • Consequences of breaches

Data Security Requirements:

  • Use of secure networks (VPN requirements)
  • Device security (passwords, encryption)
  • Secure file storage
  • Prohibition of unauthorized copying/sharing

Permitted Use:

  • Limitation of company data use to work purposes only
  • Prohibition of personal use of company data
  • Restrictions on data downloads/transfers

11.4 Cybersecurity Measures

Employer Responsibilities:

Technical Controls:

  • Virtual Private Networks (VPN) for remote access
  • Multi-factor authentication
  • Encryption of data in transit and at rest
  • Secure access controls
  • Regular security updates

Policies and Procedures:

  • Acceptable use policies
  • Password policies
  • Incident reporting procedures
  • Data classification systems

Training:

  • Cybersecurity awareness training
  • Phishing recognition
  • Safe data handling practices
  • Incident response protocols

11.5 Device Security

Company-Owned Devices:

Security Measures:

  • Pre-configured security settings
  • Mobile device management (MDM) software
  • Remote wipe capabilities
  • Encryption
  • Antivirus/anti-malware software

Monitoring: Employers may monitor company-owned devices for security purposes, subject to notification to employees.

Bring Your Own Device (BYOD):

Challenges: Using personal devices for work creates complex security and privacy issues.

BYOD Policies should address:

  • Security requirements for personal devices
  • Permitted applications
  • Data segregation (work vs. personal data)
  • Employer access rights
  • Employee privacy protections

11.6 Network Security

Home Networks: Remote workers typically use residential internet connections.

Security Risks:

  • Unsecured Wi-Fi networks
  • Shared family/household networks
  • Less robust security than corporate networks

Employer Requirements:

  • Mandatory VPN use for accessing company systems
  • Guidance on securing home Wi-Fi (strong passwords, WPA3 encryption)
  • Prohibition of public Wi-Fi for work without VPN

11.7 Physical Document Security

Paper Documents: Remote work may involve physical documents containing confidential information.

Security Measures:

  • Secure storage (locked cabinets/drawers)
  • Prohibition of leaving documents unattended
  • Proper disposal (shredding)
  • Restrictions on printing confidential materials
  • Document tracking systems

11.8 Communication Security

Email and Messaging:

  • Use of company email systems with encryption
  • Prohibition of forwarding confidential information to personal email
  • Secure messaging platforms for sensitive communications
  • Email retention policies

Video Conferencing:

  • Use of approved platforms with security features
  • Awareness of surroundings during video calls (visual privacy)
  • Screen sharing precautions
  • Meeting passwords and waiting rooms

11.9 Data Breach Obligations

Incident Reporting: Employees should be required to immediately report:

  • Suspected data breaches
  • Lost or stolen devices
  • Unauthorized access attempts
  • Malware infections
  • Any security incidents

Employer Response:

  • Incident investigation procedures
  • Notification obligations (to affected parties, authorities if required)
  • Remedial measures
  • Documentation

11.10 Employee Privacy

Monitoring and Surveillance:

Employer Rights: Employers have legitimate interests in monitoring:

  • Work performance
  • Productivity
  • Compliance with policies
  • Data security

Employee Privacy: Employees retain privacy rights even while working remotely.

Balanced Approach:

  • Clear policies on what monitoring occurs
  • Notice to employees
  • Limitation to work-related monitoring
  • Prohibition of monitoring private activities/communications
  • Respect for off-duty hours

Common Monitoring Practices:

  • Time tracking software
  • Activity monitoring (application use, active/idle time)
  • Email monitoring (company email only)
  • Access logs
  • Performance metrics

Prohibited Practices (absent clear notice and consent):

  • Monitoring personal devices beyond work applications
  • Surveillance of personal communications
  • Video surveillance of employee residences
  • Keystroke logging without notice

11.11 Personal Data Protection

Employee Personal Data: Employers collect and process employee personal data (names, identification numbers, addresses, financial information, etc.).

Data Minimization: Employers should collect only necessary personal data for employment purposes.

Data Security: Employers must implement security measures to protect employee personal data.

Data Retention: Employee data should be retained only as long as necessary for employment and legal compliance purposes.

11.12 Third-Party Data

Customer/Client Data: Remote workers may access customer or client data.

Third-Party Confidentiality:

  • Heightened protection for third-party data
  • Contractual confidentiality obligations
  • Sector-specific regulations (banking secrecy, healthcare privacy, etc.)
  • Limitation of access on need-to-know basis

11.13 Cross-Border Data Transfers

International Remote Work: If remote work involves data transfers across Indonesian borders:

Considerations:

  • Data localization requirements (sector-specific)
  • Cross-border transfer restrictions (if applicable)
  • Foreign data protection law compliance
  • Contractual data transfer safeguards

11.14 Intellectual Property Protection

Work Product: Intellectual property created by employees during employment typically belongs to employer.

Remote Work Considerations:

  • Distinguishing work-related vs. personal creations
  • Documentation of work product creation
  • IP assignment provisions in employment agreements
  • Protection of company IP on remote systems

11.15 Post-Employment Obligations

Continuing Duties: Confidentiality and data protection obligations typically continue after employment termination.

Data Return: Upon termination, employees must:

  • Return all company data and documents
  • Delete company data from personal devices (if BYOD)
  • Return company-owned devices
  • Cease accessing company systems

11.16 Compliance and Audits

Internal Audits: Employers may conduct periodic audits of:

  • Remote work security compliance
  • Data access logs
  • Policy adherence
  • Security incident reviews

External Audits: For regulated industries, external auditors may review data security practices including remote work arrangements.

Employee Rights and Protections

12.1 Equal Treatment Rights

Law No. 13 of 2003, Article 6 establishes:

“Setiap pekerja/buruh berhak memperoleh perlakuan yang sama tanpa diskriminasi dari pengusaha.”

English translation: “Every worker/laborer has the right to receive equal treatment without discrimination from the employer.”

Source: https://jdih.kemnaker.go.id/asset/data_puue/UU_NO_13_Thn_2003.pdf

Application to Remote Workers: Remote workers must receive treatment equivalent to office-based workers regarding:

  • Wage levels and compensation
  • Benefits and allowances
  • Promotion opportunities
  • Training and development access
  • Performance evaluation procedures
  • Job security protections

12.2 Right to Wages

Minimum Wage Protection: Remote workers are entitled to at least the applicable minimum wage (Provincial Minimum Wage – UMP or Regency/City Minimum Wage – UMK).

Wage Payment Timing: Government Regulation No. 36/2021 regulates wage payment procedures.

No Wage Deduction: Employers cannot reduce wages based solely on remote work status unless mutually agreed in employment contract.

2025 Minimum Wage Example:

According to data from Ministry of Manpower: “Upah Minimum Provinsi (UMP) Tahun 2025”

Source: https://satudata.kemnaker.go.id/data/kumpulan-data/2252

Location-Based Wage Considerations: When employee works remotely from a location different from employer’s registered address, applicable minimum wage (based on work location vs. employer location) should be clearly specified in employment agreement.

12.3 Right to Working Hour Limitations

Maximum Hours: Remote workers are protected by maximum working hour limitations established in Government Regulation No. 35/2021:

  • 7 hours/day for 6-day week (40 hours/week)
  • 8 hours/day for 5-day week (40 hours/week)

Overtime Rights: Work beyond normal hours must be compensated as overtime at statutory rates.

Rest Periods: Remote workers retain entitlement to:

  • Daily rest breaks
  • Time off between working days (typically 11-12 hours)
  • Weekly rest day (minimum 1 day/week)

12.4 Social Security Rights

BPJS Ketenagakerjaan Enrollment: Employers must enroll remote workers in social security programs.

Program Coverage:

  • JKK (Work Accident Insurance)
  • JKM (Death Insurance)
  • JHT (Old Age Insurance)
  • JP (Pension Insurance)
  • JKP (Job Loss Insurance)

According to BPJS Ketenagakerjaan:

“Sebagai Badan Penyelenggara Jaminan Sosial Ketenagakerjaan, kami optimistis… bahwa jaminan sosial ketenagakerjaan ini merupakan kebutuhan dasar yang harus dimiliki oleh seluruh pekerja Indonesia apapun profesinya.”

English translation: “As the Social Security Administering Body for Employment, we are optimistic… that employment social security is a basic need that must be owned by all Indonesian workers regardless of their profession.”

Target 2026: “Target kami tahun 2026 adalah melindungi sebanyak 70 juta pekerja Indonesia apapun profesinya.”

Translation: “Our target for 2026 is to protect 70 million Indonesian workers regardless of their profession.”

Source: https://www.bpjsketenagakerjaan.go.id/berita/28700/Satu-Dekade-Jaminan-Sosial,-BPJS-Ketenagakerjaan-Optimistis-Lindungi-70-juta-Pekerja-pada-2026

Equal Social Security Rights: Remote work status does not affect social security enrollment or benefit eligibility.

Official website: https://www.bpjsketenagakerjaan.go.id/en

12.5 Right to Training and Development

Equal Access: Remote workers must have access to training and professional development opportunities equivalent to office-based workers.

Law No. 13/2003 establishes framework for job training (Pelatihan Kerja).

Employer Obligations:

  • Provide or facilitate access to training programs
  • Support skill development
  • Ensure remote workers are not excluded from career advancement opportunities due to work location

12.6 Protection Against Unfair Dismissal

Law No. 13/2003 and Government Regulation No. 35/2021 establish termination procedures and protections.

Prohibited Grounds for Termination: Employers cannot terminate employment solely because employee:

  • Requests remote work arrangement (absent agreed terms)
  • Works remotely per authorized arrangement
  • Exercises rights related to remote work

Termination Procedures: If termination becomes necessary, employers must follow statutory procedures including:

  • Valid reasons for termination
  • Appropriate notice or compensation
  • Severance payments according to statutory formulas
  • Compliance with consultation/negotiation requirements

Government Regulation No. 35/2021 Section 8 addresses “Pemutusan Hubungan Kerja” (Termination of Employment).

Source: https://peraturan.bpk.go.id/Details/161904/pp-no-35-tahun-2021/

12.7 Right to Privacy

Personal Data Protection: Employees retain privacy rights regarding personal information.

Monitoring Limitations: While employers may monitor work performance, monitoring must:

  • Be disclosed to employees
  • Be limited to work-related activities
  • Respect employee privacy during non-working hours
  • Comply with applicable data protection requirements

Home Environment Privacy: Employers generally cannot require invasive surveillance of employees’ private residences.

12.8 Right to Unionization

Freedom of Association: Law No. 13/2003 protects workers’ rights to form and join trade unions.

Remote Workers’ Rights: Remote workers retain equal rights to:

  • Join trade unions
  • Participate in union activities
  • Engage in collective bargaining
  • Protection against anti-union discrimination

12.9 Right to File Complaints

Labor Complaint Mechanisms: Employees have right to file complaints regarding:

  • Wage violations
  • Working hour violations
  • Safety concerns
  • Discrimination
  • Unfair treatment

Filing Channels:

  • Internal company grievance procedures
  • Local Manpower Office (Dinas Tenaga Kerja)
  • Ministry of Manpower
  • Labor dispute resolution mechanisms

12.10 Protection of Intellectual Property Rights

Employee Inventions: While Indonesian law provides that work-related intellectual property typically belongs to employer, employees retain rights to:

  • Proper attribution for creations
  • Protection against misappropriation of personal (non-work-related) IP
  • Clear contractual terms defining ownership of work product

12.11 Right to Occupational Safety and Health

Law No. 1 of 1970 establishes right to safe working conditions.

Remote Work Application: Employees have right to:

  • Safe, properly functioning work equipment
  • Information about occupational health risks
  • Ergonomic guidance
  • Work accident insurance coverage

12.12 Right to Refuse Unsafe Work

General Principle: Employees have right to refuse work that presents imminent danger to health or safety.

Application to Remote Work: If remote work equipment or conditions create immediate safety hazards, employees may refuse to work until hazards are addressed.

12.13 Rights During Pregnancy and Maternity

Law No. 13/2003 establishes maternity protections:

  • Maternity leave entitlements
  • Protection against termination due to pregnancy
  • Rights to breastfeeding breaks

Remote Work Context: Remote work arrangements may facilitate continued work during pregnancy where medically appropriate, but cannot diminish statutory maternity protections.

12.14 Right to Non-Retaliation

Protected Activities: Employees cannot face retaliation for:

  • Exercising statutory rights
  • Filing complaints
  • Participating in labor inspections
  • Union activities
  • Refusing unsafe work
  • Reporting violations

Leave Entitlements and Benefits

13.1 Annual Leave

Law No. 13/2003, Article 79 establishes:

Minimum Entitlement: At least 12 working days after 12 months of continuous service.

Application to Remote Workers: Annual leave entitlements apply equally to remote workers.

Calculation: Leave accrual typically begins after completion of 12 months continuous employment.

Usage: Employees may use annual leave subject to employer approval and operational requirements.

Source: https://jdih.kemnaker.go.id/asset/data_puue/UU_NO_13_Thn_2003.pdf

13.2 Public Holidays

Recognition: Indonesian law recognizes official public holidays (hari libur nasional).

Payment: Employees are entitled to paid time off for official public holidays.

Work on Public Holidays: If required to work on public holidays, employees typically receive additional compensation (overtime rates or compensatory time off).

Remote Workers: Public holiday entitlements apply equally to remote workers.

13.3 Weekly Rest Day

Minimum Requirement: At least 1 day per week.

Common Practice: Sunday as weekly rest day, though other days may be designated.

Compensation for Rest Day Work: Work performed on weekly rest day may constitute overtime requiring additional compensation.

Remote Work Application: Remote workers retain entitlement to weekly rest days.

13.4 Sick Leave

Law No. 13/2003 recognizes employee illness as valid absence.

Medical Certificate Requirements: Employers may require medical certificates for sick leave, typically for absences exceeding certain duration (commonly 2-3 consecutive days).

Sick Leave Payment: Sick leave is typically paid according to statutory or contractual provisions.

Remote Workers: Sick leave entitlements apply to remote workers. Illness preventing work performance justifies sick leave regardless of work location.

13.5 Maternity Leave

Law No. 13/2003, Article 82 establishes:

Duration: Minimum 3 months (typically structured as 1.5 months before and 1.5 months after childbirth).

Payment: Full wages during maternity leave.

Protection: Prohibition against termination during pregnancy or maternity leave.

Remote Work Consideration: Some employees may choose to work remotely during part of pre- or post-natal periods where medically appropriate and mutually agreed, but this cannot diminish statutory maternity leave entitlements.

13.6 Paternity Leave

Current Position: Indonesian labor law does not establish statutory paternity leave comparable to maternity leave.

Company Policies: Some employers voluntarily provide paternity leave through company policies or collective labor agreements.

Verification: Specific paternity leave entitlements depend on employer policies and collective agreements rather than statutory mandate.

13.7 Long Leave

Government Regulation No. 35/2021 Section 7 addresses:

“batasan Perusahaan tertentu yang dapat menerapkan istirahat panjang” (limitations on certain companies that can implement long leave).

Eligibility: Long leave provisions apply to certain companies meeting specified criteria.

Duration: Typically after several years of continuous service.

Application: Subject to company eligibility and employee tenure requirements.

Source: https://peraturan.bpk.go.id/Details/161904/pp-no-35-tahun-2021/

13.8 Religious Holiday Leave

Accommodation: Indonesian law recognizes religious diversity and provides for religious holiday observance.

Major Religious Holidays: Time off for major religious holidays (Eid al-Fitr, Christmas, Nyepi, etc.) as designated on official calendar.

Application to Remote Workers: Religious holiday leave entitlements apply equally to remote workers.

13.9 Marriage Leave

Common Practice: Many employers provide paid leave for employee marriage, though specific statutory requirements should be verified.

Typical Duration: Commonly 2-3 days.

Remote Workers: If provided, marriage leave applies equally to remote workers.

13.10 Bereavement Leave

Family Death: Leave for death of immediate family members is commonly provided.

Typical Duration: Commonly 1-3 days depending on relationship.

Remote Workers: Bereavement leave entitlements apply equally to remote workers.

13.11 Leave During Remote Work

Procedure: Remote workers must follow established procedures for requesting and obtaining approval for leave.

Documentation: Same documentation requirements (medical certificates, etc.) apply to remote workers as office-based workers.

Communication: Remote workers should communicate leave requests through designated channels (email, HR systems, etc.).

13.12 Unpaid Leave

Availability: Subject to employer approval and operational feasibility, unpaid leave may be granted.

Terms: Unpaid leave terms (duration, approval requirements, impact on benefits) typically governed by company policies or collective agreements.

13.13 Benefits Continuation During Leave

Social Security: BPJS Ketenagakerjaan coverage continues during authorized leave periods.

Other Benefits: Continuation of benefits (health insurance, allowances, etc.) during leave depends on specific benefit terms and leave type.

13.14 Return to Work After Leave

Reinstatement Right: Employees have right to return to their positions (or equivalent positions) after authorized leave.

Remote Work Continuation: If employee worked remotely before leave, remote work arrangement should continue upon return unless circumstances have changed requiring mutual agreement to modify arrangements.

Tax and Social Security Framework

14.1 Income Tax Framework

Tax Authority: Directorate General of Taxes (Direktorat Jenderal Pajak) under Ministry of Finance.

Income Tax Law: Law on Income Tax and implementing regulations govern individual income taxation.

Tax Residency: Individuals residing in Indonesia for 183 days or more in a 12-month period typically qualify as tax residents.

Tax Resident Obligations: Tax residents are subject to Indonesian income tax on worldwide income.

Employment Income: Wages and salaries constitute taxable income.

Withholding: Employers typically withhold income tax from employee wages (PPh Pasal 21).

14.2 Remote Work Tax Considerations

Same Tax Treatment: Remote work status generally does not change income tax obligations.

Location Considerations: Tax implications may vary if employee works remotely from location outside Indonesia (tax residency, foreign tax credits, etc.).

Cross-Border Remote Work: Indonesians working remotely for foreign companies or foreigners working remotely in Indonesia should consult tax professionals regarding:

  • Tax residency determination
  • Applicable tax treaties
  • Foreign tax credit eligibility
  • Filing obligations in multiple jurisdictions

Tax Guidance: Specific tax questions should be directed to Directorate General of Taxes or qualified tax advisors.

14.3 Social Security Contributions – BPJS Ketenagakerjaan

BPJS Ketenagakerjaan (Employment Social Security Administering Body) administers mandatory employment social security programs.

Official website: https://www.bpjsketenagakerjaan.go.id/en

Program Components:

JKK (Jaminan Kecelakaan Kerja – Work Accident Insurance)**

  • Coverage: Work-related accidents and occupational diseases
  • Contribution: Employer-funded (rates vary by risk classification)

JKM (Jaminan Kematian – Death Insurance)**

  • Coverage: Death benefits to employee’s survivors
  • Contribution: Employer-funded (fixed percentage)

JHT (Jaminan Hari Tua – Old Age Insurance)**

  • Coverage: Lump sum benefit upon reaching retirement age or resignation
  • Contribution: Shared between employer and employee

JP (Jaminan Pensiun – Pension Insurance)**

  • Coverage: Monthly pension upon retirement
  • Contribution: Shared between employer and employee

JKP (Jaminan Kehilangan Pekerjaan – Job Loss Insurance)**

  • Coverage: Cash benefits, job market information, training for terminated employees
  • Contribution: Employer-funded

Recent Enhancement:

According to Government Regulation No. 6 of 2025:

PP No. 6/2025 addresses unemployment benefits enhancement.

Source: https://www.bpjsketenagakerjaan.go.id/assets/uploads/peraturan/PP_Nomor_6_Tahun_2025.pdf

14.4 BPJS Contribution Rates

Note: Contribution rates are subject to regulatory changes. Current rates should be verified through official BPJS Ketenagakerjaan sources.

Typical Structure (subject to verification):

JKK: Employer pays (0.24% – 1.74% of monthly wage, varying by industry risk level)

JKM: Employer pays (0.3% of monthly wage)

JHT:

  • Employer contributes 3.7% of monthly wage
  • Employee contributes 2% of monthly wage
  • Total: 5.7%

JP:

  • Employer contributes 2% of monthly wage
  • Employee contributes 1% of monthly wage
  • Total: 3%

JKP: Employer pays (designated percentage)

Wage Ceiling: Contributions calculated on wages up to specified ceiling (verify current ceiling from official sources).

14.5 BPJS Enrollment Procedures

Employer Registration: Companies must register with BPJS Ketenagakerjaan.

Employee Enrollment: Employers must enroll eligible employees in BPJS programs.

Required for All Employees: BPJS enrollment required for employees regardless of remote or office-based work status.

Registration Timeline: Employees should be enrolled promptly upon commencement of employment.

Monthly Contributions: Employers must remit contributions monthly.

14.6 BPJS for Informal Workers

BPU Program (Bukan Penerima Upah – Non-Wage Recipients):

According to BPJS Ketenagakerjaan:

“Ekosistem ketenangakerjaan kita poinnya makin informal… hubungan kerja tidak lagi hubungan kerja industrial, tapi namanya hubungan kerja kemitraan.”

Translation: “Our employment ecosystem is increasingly informal… employment relationships are no longer industrial employment relationships, but are called partnership employment relationships.”

Informal Worker Participation: As of 2024, approximately 9 million informal workers enrolled in BPJS programs.

Target Population: Indonesia had 84.13 million informal workers as of February 2024.

Source: https://www.bpjsketenagakerjaan.go.id/berita/29210/BPJS-Ketenagakerjaan-fokus-perbesar-kepesertaan-pekerja-informal

BPU Enrollment: Self-employed individuals and informal workers can voluntarily enroll in select BPJS programs.

14.7 BPJS Kesehatan (Health Insurance)

Separate System: BPJS Kesehatan (Health Social Security Administering Body) operates separately from BPJS Ketenagakerjaan.

Mandate: BPJS Kesehatan provides universal health coverage.

Enrollment: Employees typically enrolled in BPJS Kesehatan through employer or individually.

Contribution: Contribution rates differ from BPJS Ketenagakerjaan employment programs.

Information: Verify current requirements through BPJS Kesehatan official channels.

14.8 Tax Treatment of Social Security Contributions

Deductibility: Employer social security contributions are generally tax-deductible business expenses.

Employee Contributions: Employee social security contributions may have specific tax treatment (deductibility from taxable income or tax credits) per income tax regulations.

Tax Advice: Consult tax professionals for specific tax treatment questions.

14.9 Remote Work Allowances and Tax

Taxable Income: Allowances provided for remote work expenses (internet, equipment, etc.) may constitute taxable income depending on classification.

Government Regulation No. 36/2021 establishes wage component classifications affecting tax treatment.

Reimbursements vs. Allowances: Actual expense reimbursements (documented costs) may receive different tax treatment than fixed allowances.

Professional Guidance: Consult tax advisors for optimal structuring of remote work compensation and reimbursements.

14.10 Compliance and Reporting

Employer Obligations:

  • Accurate wage reporting for tax withholding
  • Timely BPJS contribution payments
  • Proper documentation of employee compensation
  • Annual tax reporting (SPT Tahunan)

Employee Obligations:

  • Annual income tax return filing (if required based on income thresholds)
  • Verification of proper tax withholding
  • Maintenance of tax documentation

Work Permits for Foreign Workers

15.1 General Requirements for Foreign Workers

Law No. 13 of 2003 includes provisions on “Penggunaan Tenaga Kerja Asing” (Utilization of Foreign Workers).

Government Regulation No. 34 of 2021 on the Use of Foreign Workers (Peraturan Pemerintah Nomor 34 Tahun 2021 tentang Penggunaan Tenaga Kerja Asing).

Source: https://www.nakertrans.bungokab.go.id/page/13-peraturan

Foreign Worker Definition: Tenaga Kerja Asing (TKA) – foreign nationals who work in Indonesia.

Permit Requirements: Foreign nationals generally require work authorization to perform work in Indonesia.

15.2 RPTKA (Foreign Worker Utilization Plan)

Rencana Penggunaan Tenaga Kerja Asing (RPTKA): Plan for foreign worker utilization.

According to Ministry of Manpower regulations:

“Pemberi kerja yang akan mempekerjakan TKA harus memiliki RPTKA yang digunakan sebagai dasar untuk mendapatkan Izin Mempekerjakan Tenaga Kerja Asing (IMTA).”

English translation: “Employers who will employ foreign workers must have RPTKA which is used as the basis for obtaining a Permit to Employ Foreign Workers (IMTA).”

Source: https://ditjenpp.kemenkumham.go.id/index.php?option=com_content&view=article&id=1427

Approval: RPTKA must be approved by Ministry of Manpower or designated officials before foreign workers can be employed.

Content: RPTKA includes justification for foreign worker use, positions to be filled, duration, and other required information.

15.3 IMTA (Work Permit)

Izin Mempekerjakan Tenaga Kerja Asing (IMTA): Permit to Employ Foreign Workers.

Requirement: Employers must obtain IMTA before employing foreign workers.

Validity: IMTA issued for specified duration, typically up to 1 year, renewable.

Extension: IMTA can be extended for maximum 1 year if validity period has not expired. Extension application must be submitted at least 30 working days before expiration.

Source: https://ditjenpp.kemenkumham.go.id/index.php?option=com_content&view=article&id=1427

Application Process:

According to regulations:

“Ijin Menggunakan Tenaga Kerja Asing (IMTA) diberikan oleh Direktur Pengadaan dan Penggunaan Tenaga Kerja Kementerian Tenaga kerja dan Transmigrasi kepada pemberi kerja tenaga kerja asing.”

Translation: “Permit to Use Foreign Workers (IMTA) is issued by the Director of Procurement and Use of Workers of the Ministry of Manpower to foreign worker employers.”

Source: https://ditjenpp.kemenkumham.go.id/index.php?option=com_content&view=article&id=1427

15.4 Work Visa and Stay Permit

VITAS (Visa Tinggal Terbatas – Limited Stay Visa): Foreign workers require work visa to enter Indonesia.

KITAS (Kartu Izin Tinggal Terbatas – Temporary Stay Permit Card): Upon entry with VITAS, foreign workers must convert to KITAS.

According to Directorate General of Immigration:

“In order to be able to work in Indonesia, one is required to obtain a working KITAS, along with the IMTA since other types of KITAS do not grant the permission to work.”

Source: https://jogja.imigrasi.go.id/can-kitas-holder-work-in-indonesia-what-should-you-do/

Duration: KITAS typically issued for periods of 6 months, 1 year, or up to 2 years (renewable).

Official eVisa Website: https://evisa.imigrasi.go.id/

Source: https://evisa.imigrasi.go.id/front/faq/5803e116-55ac-43a2-89e5-f7f2e6ab9e69

15.5 Recent Developments – C18 Visa

Circular Letter Number IMI-453.GR.01.01 dated May 27, 2025, effective June 14, 2025.

C18 Visa: Visit visa for prospective foreign workers undergoing skills assessments.

According to Acting Director General of Immigration:

“The validity period of the C18 Visa stay permit is a maximum of 90 (ninety) days and cannot be extended. Second, foreign nationals are prohibited from using the C18 Visa with the same company guarantor more than once.”

Source: https://bandung.imigrasi.go.id/berita-utama/directorate-general-of-immigration-updates-visit-visa-regulations-for-prospective-foreign-workers-in-tryout-phase

Application: Via official portal evisa.imigrasi.go.id

Required Documents:

  • Passport (minimum 6 months validity)
  • Bank statements (last 3 months)
  • Recent passport photo
  • Invitation letter for skills assessment

Source: https://bandung.imigrasi.go.id/berita-utama/directorate-general-of-immigration-updates-visit-visa-regulations-for-prospective-foreign-workers-in-tryout-phase

15.6 Remote Work for Foreign Companies

Legal Status: The regulatory framework for foreign nationals physically present in Indonesia while working remotely for overseas companies (without Indonesian employer) remains complex.

Considerations:

  • Immigration status (appropriate visa category)
  • Work permit requirements
  • Tax residency and obligations
  • Social security applicability

Caution: Using tourist visas or non-work visas to perform work (including remote work for foreign employers) may violate Indonesian immigration law.

Professional Advice: Foreign nationals considering remote work from Indonesia should consult:

  • Immigration attorneys
  • Tax advisors
  • Ministry of Manpower
  • Directorate General of Immigration

15.7 Indonesian Citizens Working Remotely for Foreign Companies

Legal Framework: Indonesian citizens working remotely from Indonesia for foreign companies operate in a regulatory gray area.

Considerations:

  • Tax obligations on foreign-source income (if tax resident)
  • Social security coverage questions
  • Employment law protections
  • Foreign exchange regulations

Guidance: Consult legal and tax professionals to ensure compliance with Indonesian regulations.

15.8 Foreign Worker Position Restrictions

Certain Positions: Some positions may be reserved for Indonesian nationals or subject to restrictions on foreign worker employment.

Ministerial Regulations: Specific sector regulations may establish position restrictions or approval requirements.

Verification: Employers should verify whether proposed foreign worker positions are permissible under current regulations.

15.9 Indonesian Companion Worker Requirement

Pendamping: Foreign workers may be required to have Indonesian companion workers for knowledge transfer.

Training Obligation: Employers utilizing foreign workers may have obligations to train Indonesian workers.

Objective: Develop Indonesian workforce capacity and facilitate knowledge transfer.

15.10 Foreign Worker Reporting

Obligations: Employers of foreign workers have reporting obligations to Ministry of Manpower and other authorities.

Monitoring: Foreign worker employment subject to government monitoring and compliance verification.

Compliance and Registration Requirements

16.1 Company Registration

Business License: Companies must be properly registered and hold valid business licenses.

Manpower Registration: Companies employing workers must be registered with local Manpower Office (Dinas Tenaga Kerja).

Wajib Lapor Ketenagakerjaan: Mandatory manpower reporting pursuant to Law No. 7 of 1981.

16.2 Employment Agreement Registration

PKWT Registration: Fixed-term employment agreements (PKWT) must be registered with local Manpower Office within 7 working days of signing.

Remote Work Specification: If employment agreement specifies remote work arrangement, registration includes this information.

16.3 Company Regulations Registration

Peraturan Perusahaan: Companies with 10-49 employees (without collective labor agreement) must establish company regulations.

Registration Requirement: Company regulations must be registered with local Manpower Office.

Content: If company has remote work policies, these should be addressed in registered company regulations.

16.4 Collective Labor Agreement Registration

PKB Registration: Collective labor agreements must be registered with responsible authorities.

Content: Remote work policies negotiated with trade unions should be incorporated into registered collective agreements.

16.5 BPJS Registration and Reporting

Company Registration: Employers must register company with BPJS Ketenagakerjaan and BPJS Kesehatan.

Employee Enrollment: Register all eligible employees (including remote workers) within required timelines.

Monthly Reporting: Submit accurate monthly reports of employee wages and contribution calculations.

Payment Deadlines: Remit BPJS contributions by statutory deadlines (typically 10th of following month).

Official Portal: https://www.bpjsketenagakerjaan.go.id/

16.6 Tax Compliance

Tax Registration: Employers must hold tax registration (NPWP – Nomor Pokok Wajib Pajak).

Withholding Tax: Properly calculate and withhold employee income tax (PPh 21).

Monthly Reporting: Submit monthly tax reports to Directorate General of Taxes.

Annual Reporting: File annual corporate tax returns and employee tax reports.

16.7 Occupational Safety Committee (P2K3)

Establishment Requirement: Companies meeting specified thresholds must establish Panitia Pembina Keselamatan dan Kesehatan Kerja (P2K3).

Recent Regulation:

“Peraturan Menteri Nomor 13 Tahun 2025 tentang Panitia Pembina Keselamatan dan Kesehatan Kerja”

Source: https://jdih.kemnaker.go.id/asset/data_puu/2025pmnaker013.pdf

Function: P2K3 oversees occupational safety and health programs, which may include remote work safety considerations.

16.8 Wage Structure Documentation

Structure and Scale: Companies must establish wage structure and scale (struktur dan skala upah) per Government Regulation No. 36/2021.

Reporting: Submit wage structure documentation to Manpower authorities as required.

Transparency: Wage structure should be communicated to employees.

16.9 Working Hour Records

Documentation Requirement: Employers must maintain accurate records of employee working hours.

Remote Work Challenge: Implement systems to accurately track remote workers’ hours.

Inspection Access: Records must be available for labor inspection purposes.

16.10 Annual Manpower Report

Reporting Obligation: Companies may be required to submit annual manpower reports to local authorities.

Content: Employee numbers, turnover, wages, training, foreign workers, industrial relations, etc.

Deadline: Typically early in calendar year for prior year data.

16.11 Compliance Audits

Labor Inspections: Ministry of Manpower and provincial/local labor offices conduct compliance inspections.

Scope: Inspections may cover wages, working hours, safety, social security enrollment, employment agreements, etc.

Remote Work Considerations: Inspectors may request documentation of remote work arrangements, equipment provision, hour tracking, etc.

Cooperation: Employers must cooperate with authorized labor inspectors.

16.12 Document Retention

Employment Records: Maintain employment agreements, personnel files, performance records.

Wage Records: Wage payment records, payroll documentation, overtime calculations.

Leave Records: Annual leave, sick leave, other leave documentation.

Safety Records: Training records, incident reports, safety assessments.

BPJS Records: Enrollment documentation, contribution payment receipts.

Retention Period: Specific retention periods vary by document type; verify requirements from relevant authorities.

Enforcement Mechanisms and Penalties

17.1 Labor Inspection Authority

Ministry of Manpower: Responsible for labor law enforcement at national level.

Provincial and Local Authorities: Provincial and regency/city manpower offices conduct local inspections.

Presidential Regulation No. 21 of 2010 on Labor Inspection governs inspection procedures.

Source: https://journals.kemnaker.go.id/index.php/naker/article/download/434/139/1442

Inspector Powers: Labor inspectors have authority to:

  • Enter workplaces during working hours
  • Examine documents and records
  • Question employers and employees
  • Issue compliance orders
  • Report violations to authorities

17.2 Administrative Sanctions

Government Regulation No. 35/2021 and Government Regulation No. 36/2021 establish administrative sanctions for violations.

Types of Administrative Sanctions:

  • Written warnings
  • Limitation on business activities
  • Suspension of business activities
  • Revocation of licenses or permits
  • Fines

Progressive Enforcement: Sanctions typically escalate for repeated violations or failure to correct violations.

17.3 Common Violations

Wage Violations:

  • Payment below minimum wage
  • Non-payment of wages
  • Delayed wage payment
  • Improper overtime compensation

Working Hour Violations:

  • Excessive working hours
  • Insufficient rest periods
  • Overtime violations

Social Security Violations:

  • Failure to register employees with BPJS
  • Non-payment of BPJS contributions
  • Delayed contribution payments

Employment Agreement Violations:

  • Failure to provide written agreements
  • Improper PKWT use
  • Missing required agreement elements
  • Unregistered PKWT

Safety Violations:

  • Failure to provide safe equipment
  • Inadequate safety training
  • Non-compliance with safety standards

17.4 Criminal Penalties

Law No. 13 of 2003 establishes criminal penalties for serious violations.

According to the law:

“Sanksi pidana penjara, kurungan, dan/atau denda tidak menghilangkan kewajiban pengusaha membayar hak-hak dan/atau ganti kerugian kepada tenaga kerja atau pekerja/buruh.”

English translation: “Criminal sanctions of imprisonment, confinement, and/or fines do not eliminate the employer’s obligation to pay rights and/or compensation to workers or laborers.”

Source: https://peraturan.bpk.go.id/Details/43013

Serious Violations: Criminal penalties may apply to severe violations such as:

  • Forced labor
  • Child labor violations
  • Severe safety violations causing death or injury
  • Willful refusal to pay wages

17.5 Worker Complaint Mechanisms

Filing Complaints: Workers may file complaints regarding labor violations through:

Local Manpower Office (Dinas Tenaga Kerja):

  • Walk-in complaints
  • Written submissions
  • Online portals (where available)

Ministry of Manpower:

Labor Inspection Division: Direct reports to labor inspection authorities.

Hotlines: Some jurisdictions operate labor complaint hotlines.

17.6 Dispute Resolution

Bipartite Negotiation: Initial dispute resolution between employer and employee/union.

Mediation: Local Manpower Office facilitates mediation if bipartite negotiation fails.

Conciliation/Arbitration: Alternative dispute resolution mechanisms for industrial relations disputes.

Industrial Relations Court (Pengadilan Hubungan Industrial): Specialized courts for employment disputes.

Law No. 2 of 2004: Law on Industrial Relations Dispute Resolution establishes dispute resolution framework.

17.7 Remedies for Violations

Wage Arrears: Employers must pay unpaid wages plus potential interest/penalties.

Improper Termination: Reinstatement or severance payment plus compensation.

Safety Violations: Corrective measures, compensation for injuries, criminal liability for severe cases.

Social Security: Retroactive enrollment, payment of overdue contributions plus penalties.

17.8 Employer Defenses

Good Faith Compliance: Demonstrating good faith efforts to comply may mitigate penalties.

Corrective Action: Prompt correction of violations upon notice may reduce sanctions.

Documentation: Maintaining proper documentation demonstrates compliance efforts.

Legal Uncertainty: In areas of legal ambiguity (such as new remote work arrangements), demonstrating reasonable interpretation of regulations may support defense.

17.9 Protection Against Retaliation

Whistleblower Protection: Workers who report violations should not face retaliation.

Prohibited Actions: Employers cannot terminate, demote, or otherwise punish workers for:

  • Filing complaints
  • Participating in inspections
  • Testifying in proceedings
  • Exercising legal rights

Remedies: Workers facing retaliation may file additional complaints and seek reinstatement/compensation.

17.10 Compliance Best Practices

Preventive Measures:

  • Regular internal compliance audits
  • Employee training on rights and procedures
  • Clear written policies
  • Proper documentation systems
  • Proactive consultation with labor authorities when questions arise
  • Engagement with HR professionals and labor law counsel

For Remote Work Specifically:

  • Clear remote work policies
  • Accurate hour tracking systems
  • Proper equipment and expense procedures
  • Written remote work agreements
  • Regular compliance review of remote work arrangements

Resources

18.1 Ministry of Manpower

Official Name: Kementerian Ketenagakerjaan Republik Indonesia

Website: https://kemnaker.go.id/

Address: Jl. Jenderal Gatot Subroto Kav. 51 Jakarta 12950 Indonesia

Telephone: +62-21-5255733 (main line)

Note: Specific department contact information should be verified through official website.

Minister: Yassierli (as of October 21, 2024)

Source: https://kemnaker.go.id/

18.2 Legal Information Network (JDIH)

JDIH Kemnaker (Jaringan Dokumentasi dan Informasi Hukum Kementerian Ketenagakerjaan):

Website: https://jdih.kemnaker.go.id/

Function: Official repository for Ministry of Manpower regulations and legal documentation.

English Regulations Page: https://jdih.kemnaker.go.id/peraturan-english.html

18.3 BPJS Ketenagakerjaan

Official Website: https://www.bpjsketenagakerjaan.go.id/

English Website: https://www.bpjsketenagakerjaan.go.id/en

Call Center: 175 (toll-free from Indonesia)

Function: Employment social security programs (JKK, JKM, JHT, JP, JKP).

Mobile App: Jamsostek Mobile (JMO)

18.4 Directorate General of Immigration

Official Website: https://www.imigrasi.go.id/

eVisa Portal: https://evisa.imigrasi.go.id/

Function: Visa, work permits (immigration aspect), stay permits for foreign nationals.

Contact: Through official website or local immigration offices.

18.5 Directorate General of Taxes

Official Website: Tax authority website (verify current URL through official sources)

Function: Income tax, corporate tax, tax withholding, tax compliance.

Tax ID Registration: NPWP (Nomor Pokok Wajib Pajak) applications.

18.6 Provincial Manpower Offices

Organization: Each province has Dinas Tenaga Kerja (Provincial Manpower Office).

Function:

  • Local labor law enforcement
  • PKWT registration
  • Company regulation registration
  • Minimum wage setting (UMP/UMK)
  • Labor inspections
  • Dispute mediation

Contact: Through provincial government websites or local offices.

Example:

  • DKI Jakarta Manpower Office
  • East Java Provincial Manpower Office
  • Etc.

18.7 Regency/City Manpower Offices

Organization: Regency and city governments have local manpower offices.

Function:

  • Local compliance monitoring
  • Registration services
  • Complaint handling
  • Dispute resolution

Contact: Through local government websites or offices.

18.8 Industrial Relations Court

Pengadilan Hubungan Industrial: Specialized courts for employment disputes.

Jurisdiction: Employment termination disputes, wage disputes, collective agreement disputes, etc.

Location: Established in specific jurisdictions (verify availability in relevant location).

Contact: Through court administration offices.

18.9 BPJS Kesehatan

Official Website: Official BPJS Kesehatan website (verify current URL)

Function: Universal health insurance program.

Call Center: Dedicated call center (verify current number through official website).

18.10 Legal Aid Organizations

Lembaga Bantuan Hukum (Legal Aid Institutions): Non-profit legal aid organizations provide assistance to workers.

Trade Unions: Trade unions provide representation and support for members.

Contact: Through local offices or national confederations.

Primary Legislation

Law No. 13 of 2003 on Manpower (Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan)

Law No. 11 of 2020 on Job Creation (Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja)

Law No. 6 of 2023 on Stipulation of Government Regulation in Lieu of Law No. 2/2022 on Job Creation into Law

Government Regulations

Government Regulation No. 35 of 2021 on Fixed-Term Employment Contracts, Outsourcing, Working Time and Rest Time, and Termination of Employment

Government Regulation No. 36 of 2021 on Wages (as amended by PP No. 51/2023)

Government Regulation No. 6 of 2025 (BPJS enhancement)

Government Regulation No. 34 of 2021 on Use of Foreign Workers

Government Regulation No. 50 of 2012 on Occupational Safety and Health Management Systems

Ministerial Regulations

Ministry of Manpower Regulations (Various Peraturan Menteri Ketenagakerjaan)

Peraturan Menteri Nomor 13 Tahun 2025 on Occupational Safety Committee

Peraturan Menteri Nomor 1 Tahun 2025 on BPJS enrollment for government employees

Ministry of Manpower Official Sources

Official Website: https://kemnaker.go.id/

JDIH Kemnaker (Legal Information Network): https://jdih.kemnaker.go.id/

Data Portal (Satu Data Ketenagakerjaan): https://satudata.kemnaker.go.id/

Journal Ketenagakerjaan: https://journals.kemnaker.go.id/index.php/naker/

BPJS Ketenagakerjaan Sources

Official Website: https://www.bpjsketenagakerjaan.go.id/

English Website: https://www.bpjsketenagakerjaan.go.id/en

News and Announcements: Various URLs under bpjsketenagakerjaan.go.id/berita/

Immigration Sources

Directorate General of Immigration: https://www.imigrasi.go.id/

eVisa Portal: https://evisa.imigrasi.go.id/

Regional Immigration Offices:

Government Coordinating Bodies

Coordinating Ministry for Economic Affairs: https://ekon.go.id/

Cabinet Secretariat (Sekretariat Kabinet): https://setkab.go.id/

Ministry of Law and Human Rights (Legal Drafting): https://ditjenpp.kemenkumham.go.id/

Provincial Government Sources

DKI Jakarta JDIH: https://jdih.jakarta.go.id/

Provincial Manpower Offices: Through respective provincial government websites

BPS (Statistics Indonesia): Provincial offices at [province].bps.go.id

Academic and Research Sources

DPR RI (House of Representatives) Research: https://berkas.dpr.go.id/pusaka/files/info_singkat/

  • Example: Gig worker study

Jurnal Ketenagakerjaan: https://journals.kemnaker.go.id/index.php/naker/

Rechtsvinding (Legal Research Journal): https://rechtsvinding.bphn.go.id/

Legal Databases

BPK Peraturan Database: https://peraturan.bpk.go.id/

Peraturan.go.id: https://peraturan.go.id/

JDIH National: Various JDIH portals for different government agencies

International Sources

ILO Convention Compliance Studies: References in Jurnal Ketenagakerjaan articles regarding ILO Convention No. 98 implementation

Important Notes on Sources

Official Government Domains: All Indonesian government websites use .go.id domain extension.

Verification: Legal provisions and regulations should always be verified through official government sources.

Currency: Regulations may be amended. Always check for most recent versions through official legal databases.

Language: Many official documents are in Indonesian (Bahasa Indonesia). Official English translations may not be available for all regulations.

Professional Advice: Legal and tax questions should be directed to qualified Indonesian professionals licensed to practice in their respective fields.

Frequently Asked Questions

19.1 General Remote Work Questions

Q1: Does Indonesian law specifically regulate “remote work” or “telework”?

A: Indonesian labor law does not currently have comprehensive specific statutory provisions addressing “remote work” or “telework” as distinct categories. Remote work arrangements are governed by the general employment framework established in Law No. 13/2003, Law No. 6/2023 (Job Creation), Government Regulation No. 35/2021, and Government Regulation No. 36/2021. Recent Ministry of Manpower circulars acknowledge “work from anywhere” arrangements, indicating growing regulatory recognition.

Q2: Is remote work voluntary or mandatory in Indonesia?

A: Remote work in Indonesia is based on mutual agreement between employer and employee. There is no statutory right for employees to demand remote work, nor is there an employer obligation to offer remote work. Arrangements must be mutually agreed through employment contracts, company regulations, or collective labor agreements.

Q3: Must remote work arrangements be in writing?

A: While Law No. 13/2003 allows oral employment agreements for indefinite-term contracts, written agreements are strongly recommended for remote work to clearly specify work location, equipment provisions, working hours, and other terms. PKWT (fixed-term contracts) must be in writing and must be in Indonesian language.

19.2 Employment Terms Questions

Q4: Do remote workers receive the same minimum wage as office-based workers?

A: Yes. Minimum wage requirements (Provincial Minimum Wage – UMP or Regency/City Minimum Wage – UMK) apply equally to remote workers. Employment agreements should clarify which minimum wage applies if employee works from location different from employer’s registered address.

Q5: Are remote workers entitled to the same benefits as office-based workers?

A: Yes. Remote workers are entitled to equal treatment regarding wages, benefits, annual leave, social security enrollment, and other employment terms. Remote work status cannot diminish statutory entitlements.

Q6: What are the maximum working hours for remote workers?

A: Government Regulation No. 35/2021 establishes maximum working hours of 7 hours/day for 6-day work week or 8 hours/day for 5-day work week, with 40 hours/week maximum. These limits apply equally to remote workers.

Q7: Must employers pay overtime to remote workers?

A: Yes. Work performed beyond normal working hours constitutes overtime and must be compensated at statutory overtime rates, regardless of whether work is performed remotely or in office.

19.3 Practical Implementation Questions

Q8: Must employers provide equipment for remote workers?

A: Indonesian law does not explicitly require employers to provide remote work equipment. Equipment provision (computers, phones, etc.) is determined by employment agreement, company policy, or collective agreement. Best practice is to clearly specify in written agreements which party provides equipment.

Q9: Must employers reimburse internet and electricity costs for remote workers?

A: There is no statutory requirement for employers to reimburse home internet or electricity costs. Reimbursement policies are established through employment agreements or company policies. Many employers provide fixed monthly allowances or reimbursements for these expenses.

Q10: How should employers track remote workers’ working hours?

A: Employers must establish systems to accurately track working hours for compliance with maximum hour limitations and overtime payment obligations. Methods include time tracking software, login/logout systems, self-reporting timesheets, or project management tools. Employment agreements should specify tracking procedures.

19.4 Social Security and Tax Questions

Q11: Must remote workers be enrolled in BPJS Ketenagakerjaan?

A: Yes. All employees, including remote workers, must be enrolled in BPJS Ketenagakerjaan programs (JKK, JKM, JHT, JP, JKP). Remote work status does not affect social security obligations.

Q12: How does remote work affect income tax obligations?

A: Remote work generally does not change income tax obligations for Indonesian tax residents. Employers must withhold income tax (PPh 21) from remote workers’ wages. Tax complications may arise for cross-border remote work arrangements, requiring professional tax advice.

Q13: Are remote work allowances taxable?

A: Tax treatment of remote work allowances depends on how they are classified under Government Regulation No. 36/2021 wage component framework. Fixed allowances may be treated differently from actual expense reimbursements. Consult tax advisors for specific situations.

19.5 Health and Safety Questions

Q14: Are employers responsible for remote workers’ home office safety?

A: While Law No. 1/1970 on Occupational Safety establishes general employer safety obligations, direct employer control over home environments is limited. Employers should provide safe equipment, ergonomic guidance, and safety training. Employment agreements should address respective employer and employee safety responsibilities.

Q15: Does BPJS Ketenagakerjaan work accident insurance cover remote workers?

A: Yes. JKK (Work Accident Insurance) coverage applies to remote workers. Accidents occurring while performing work duties in remote locations may qualify for coverage, subject to case-by-case assessment.

19.6 Leave and Benefits Questions

Q16: Do remote workers get the same annual leave as office workers?

A: Yes. Remote workers are entitled to minimum 12 working days annual leave after 12 months continuous service, equal to office-based workers.

Q17: How do remote workers take sick leave?

A: Remote workers follow same sick leave procedures as office workers, including medical certificate requirements for absences exceeding specified duration. Sick leave entitlements apply equally regardless of work location.

19.7 Foreign Worker Questions

Q18: Can foreign nationals work remotely from Indonesia?

A: Foreign nationals performing work in Indonesia generally require work permits (IMTA) and appropriate immigration status (working KITAS). Using tourist visas or non-work visas to perform work (including remote work for foreign employers) may violate Indonesian immigration law. Foreign nationals should consult immigration attorneys before working remotely from Indonesia.

Q19: What permits do Indonesian companies need to employ foreign remote workers?

A: Employers employing foreign workers must obtain RPTKA (Foreign Worker Utilization Plan) approval and IMTA (Permit to Employ Foreign Workers) from Ministry of Manpower, plus ensure foreign workers have appropriate work visas and stay permits (VITAS/KITAS) from Directorate General of Immigration.

Q20: Can Indonesian citizens work remotely for foreign companies?

A: Indonesian citizens can work remotely for foreign companies, but should be aware of tax obligations on foreign income (if tax resident), questions about social security coverage and employment law protections, and compliance with foreign exchange regulations. Professional advice recommended.

19.8 Compliance Questions

Q21: Must employers register remote work arrangements with authorities?

A: There is no separate “remote work registration.” However, employment agreements (especially PKWT) must be registered with local Manpower Office. If remote work arrangements are incorporated in company regulations or collective labor agreements, those documents must be registered.

Q22: Can labor inspectors inspect remote workers’ homes?

A: Labor inspectors typically cannot enter private residences for inspections without permission. Inspections focus on documentation (employment agreements, wage records, hour tracking, social security enrollment, etc.) maintained at employer’s premises or submitted to authorities.

Q23: What happens if remote workers exceed maximum working hours?

A: Excessive working hours violate worker protection regulations. Employers may face administrative sanctions. Workers may file complaints with labor authorities and claim unpaid overtime compensation.

Q24: What are penalties for not enrolling remote workers in BPJS?

A: Failure to enroll employees in BPJS Ketenagakerjaan or pay contributions can result in administrative sanctions, fines, and requirement to pay retroactive contributions plus penalties.

19.9 Termination and Dispute Questions

Q25: Can employers terminate remote workers more easily than office workers?

A: No. Remote workers have same termination protections as office-based workers. Employers must follow statutory termination procedures, have valid reasons, and pay required severance and compensation. Remote work status is not grounds for easier termination.

Q26: What if employer wants to end remote work arrangement and require office attendance?

A: Changing work location from remote to office constitutes modification of employment agreement (change to “tempat pekerjaan”). Significant changes require mutual agreement. Unilateral changes without employee consent may constitute constructive dismissal.

Q27: Where can remote workers file complaints about violations?

A: Remote workers can file complaints through: local Manpower Office (Dinas Tenaga Kerja), Ministry of Manpower (https://kemnaker.go.id/), labor inspection authorities, and trade unions (if applicable).

Q28: Are there special dispute resolution procedures for remote workers?

A: No. Remote workers use same dispute resolution mechanisms as all workers: bipartite negotiation, mediation through Manpower Office, conciliation/arbitration, or Industrial Relations Court if necessary.

19.10 Practical Advice Questions

Q29: What should be included in a remote work employment agreement?

A: Remote work agreements should specify: work location (employee’s residence, remote location, hybrid arrangement), equipment provision and ownership, expense reimbursement policies, working hours and availability expectations, communication protocols, performance monitoring methods, data security requirements, and duration of remote arrangement.

Q30: Where can I get professional advice on Indonesian remote work regulations?

A: Consult: licensed Indonesian labor law attorneys for legal compliance, qualified Indonesian tax advisors for tax matters, Ministry of Manpower for regulatory guidance (https://kemnaker.go.id/), and BPJS Ketenagakerjaan for social security questions (https://www.bpjsketenagakerjaan.go.id/).

Others

Legal Disclaimer: This guide provides general background information only and does not constitute legal, tax, or professional advice. Employment laws are complex and subject to interpretation. Consult licensed legal counsel and official state agencies for guidance specific to your situation.