PRESIDENT OF THE REPUBLIC OF INDONESIA

LEGISLATION NUMBER 12 IN 1948

ABOUT

THE WORK ACT OF 1948.

PRESIDENT OF THE REPUBLIC OF INDONESIA, WEIGHING: THAT IN ORDER TO GUARANTEE A JOB AND A VIABLE LIVELIHOOD FOR

labour needs to be held rules about labor work; Given: section 5 of the paragraph (1) and section 20 paragraph (1) in conjunction with the section IV Rules

Transitional of the Basic Law and Edict of the Vice President of the Republic of Indonesia dated 16 October 1945 No. X;

With the approval of the Central National Committee Working Body;

DECIDED: Establiting the following regulations:

"LABOR ACT OF 1948".

PART I. About terms in this Act.

Article 1.

(1) In this Act is intended: (a) Employment, is a labor-run job for an employer in a

working relationship By accepting wages. (b) Adults, men and women, 18 years old

up. (c) Young men, are men and women, aged above 14

years, but under 18 years. (d) Children, are men and the robbers, aged 14 (fourteen)

years down. (e) Day, it is the hour of last night for 24 hours. (f) Siang-hari, is the time between 6 and 18 hours. (g) Malam-hari, is the time between 18 and 6. (h) A week, it is a seven-day period. (2) In the sense of the word the employer includes also the head, leader or administrator of the company, or

part of the company. (3) Equated with the company is any place of work, from the Government nor

partycees.

PART II. About the work of children and young people.

Article 2.

The children do not moleh run the work.

Article 3.

If a child is 6 years old or more is in a closed room, where is it It's a job, then it's assumed that the boy runs a job in that place, unless it turns out to be the opposite.

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Article 4.

(1) The young person should not be running the work at night. (2) May be excluded from the prohibition of intent in paragraph (1) of the matters where the work

young people on the night it cannot be avoided in conjunction with the interests or general welfare.

(3) In Government Regulation shall set forth excluded things in paragraph (2) as well as conditions for maintaining the health of the young labourer.

Article 5.

(1) The young person should not run a job in the mine, the lobang in the ground

or the place to take metal and other ingredients from within the ground. (2) The Prohibition in verse (1) does not apply to young labourers connected

with its work sometimes to go down in the mine parts underground and do not perform a hand job.

Article 6.

(1) People young should not run a job that is harmful to health or

her safety. (2) In Regulation of the Government shall set the job of intent in paragraph (1).

PART III. About the work of a woman.

Article 7.

(1) Women should not run jobs at night, unless otherwise

the job is by nature, places and circumstances should be run by a woman. (2) May be excluded from the prohibition of intent in verse (1) of the matters where the work

women on the night it cannot be avoided in conjunction with the common interests or welfare.

(3) In Government Regulation shall set forth excluded things in verse (2) as well as conditions for maintaining the woman's health and labor decency.

Article 8.

(1) The woman should not run the work in the mine, the hole in the

land or any other place to take metal and other materials from within the ground. (2) The Prohibition in verse (1) does not apply to women, which

connecting with its work sometimes must go down in the mine parts of the underground and do not perform a hand job.

Article 9.

(1) The female may not run a job that is harmful to health or

her safety, as well as a job according to nature, place and circumstances are dangerous for her humanity.

(2) In Government Regulation shall specified work specified in paragraph 1.

PARIS IV. ABOUT THE TIME OF WORK AND TIME OF REST.

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Article 10.

(1) Labor should not be running a job more than 7 hours a day and 40 hours a week.

If work is run at night or dangerous for the health or labor safety, working time should not be more than 6 hours a day and 35 hours a week.

(2) After labor runs a job for 4 hours continuous time must be held a little timeout at least half an hour; the time of the break does not include the working hours of the intent in verse (1).

(3) Each week must be held a little at least one day of rest. (4) In Regulation of the Government shall be set a dangerous job for health

or the safety of the intent of labouring in paragraph (1). (5) In Government Regulation may also be further rules about the time

work and break time for certain companies or companies that are seen to be needed to maintain health and safety labor.

Article 11.

Labour should not run jobs on holidays, set out in Government Regulations, unless the job is by nature should be run continuously on those days.

Article 12. (1) In matters, where at a time or usually at any time or in the

a certain time there is a timbued job that must be resolved to be completed, may be executed by deviating from the specified in sections 10 and 11, however, the working time should not be more than 54 hours a week.

This rule does not apply to any harmful work for health or labor safety.

(2) In Government Regulation shall be set (1), and (d), and the safety of (the) safety,- labour.

Article 13.

(1) The female Labour should not be required to work on the first and second days of haidh; (2) Women ' s Labour should be given a break for a month and a half before it is time

according to calculations will give birth Children and a month and a half after giving birth to children or children.

(3) The time of rest before the time of female labour according to the reckoning will give birth to a child, it can be extended to an eternity of three months if in a statement the doctor is stated, that it is necessary to maintain his health.

(4) By not diminuting that has been specified in section 10 of the verse (1) and (2) the female labourers whose children are still troubling should be given the chance to join the child, if it should be done during the working-time period.

Article 14.

(1) In addition to such break time in sections 10 and 13, workers who run the work for one or more employers from one organization must be given idzin to rest at least two weeks each year.

(2) Labour who has worked 6 consecutive years on an employer or some employer in one organization may have a three-month rest right.

Article 15.

(1) By not reducing which have been specified in section 10 paragraph (1) and (2), labour must be given the appropriate opportunity to carry out the obligations of his religion.

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(2) On 1 May labour was relieved of the obligation to work.

SECTION V. ABOUT WORKPLACE AND LABOR HOUSING.

Article 16.

(1) The workplaces and labor housing provided by the employer must meet

terms of health and hygiene. (2) In the Regulation of the Government shall be held the further rules on

the health terms intended in paragraph (1). (3) The labour oversight employees appointed by the Minister of the Affairs

The affairs of the Hunt are entitled to advise on hygiene and health care in the workplace and labor housing provided by the Employer.

PARIS VI.

ABOUT THE RESPONSIBILITY.

Article 17.

(1) The Majicans are obliged to keep the rules in this Act and in the Rule of the Government issued in conjunction with this law, as well as the commandments provided by In accordance with the laws of the United States, the workers of the labor force, in accordance with the section 16 of the (5),

(2) The intent of intent in verse (1) there is also on the employer employees who are supervising the work and who are overtaken by the employer to guard, that the rules and commandments are intended in verse (1) are insuffiated.

BAGIAN VII.

RULE OF PUNISHMENT.

Article 18.

(1) Majicans and employees who are supervising the intent in section 17 which do not fulfill its obligations, meaning in section 17 verse (1) are punished with imprisonment for up to three months or a fine of as many as five A hundred rupids.

(2) If the offence is within two years since the breach is subject to a penalty that cannot be changed again, because of the same offence, it can be sentenced to six months ' imprisonment. or a fine of a thousand rupiah.

(3) Things that can be worn The sentence in this section is considered a violation.

Article 19.

(1) If the employer is a legal entity, then the charges and penalties are exercised against the legal entity.

(2) If the governing body is passed, to other legal entities, then the charges and penalties are run against to the legal governing body handler.

BAGIAN VIII.

ABOUT HARKING THE OFFENSE.

Article 20.

In addition to the employees who are obligated to harass violations in general, the labor of the labour of labour and other persons who are according to Undanginvited are appointed and given the power to it, unless otherwise. required to maintain and assist in order for the rules in this Act and in the Government regulations issued in conjunction with this Act

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as well as the intended commands in section 16 of the paragraph (3) are executed, it is also required to harass the breach.

PART IX. ADDITIONAL RULES.

Section 21.

(1) In Government Regulation shall be established upon the effective effective date of this Act,

shall also be governed by the effective end of this Act on the work or manner of work. for all or part of the rules in this Undanginvite.

(2) In the Rule of the Government in paragraph (1) may also be held by transitional rules.

Article 22.

This Act is called the Act of Work. "In 1948".

In order for this Act to be known to the general order, it will be announced. It was established in Yogyakarta on 20 April 1948. PRESIDENT OF THE REPUBLIC OF INDONESIA, SUKARNO. Minister of Justice, SOESANTO TIRTOPRODJO. It was announced on April 15, 1948. Secretary of State, A.G. PRINGGODIGDO.

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EXPLANATION

ON

LAW NUMBER 12 of 1948 The government is specifically appointed in this Act. The special law already goods will certainly contain further rules that may differ from the rules in this common law. In that case the special rules are applicable (lex specialis derogat generali).

The underlying legislation is intended as a statement (declaratoir) of our country's social politics which is about labor work to guarantee employment and livelihood of labor, in accordance with article 27, paragraph (2) The Basic Law. This legislation would be a guideline for society in general and need and employer in particular. The situation in labour was to be implemented by the Act in general for Indonesian labor. Some of the rules that seem to be detriing to labor, such as a ban on child labor, will result, that the child no longer can make a living alone to ease the burden of his parents ' lives. It is possible that a ban on child labor would lead to misunderstanding of the affected labor.

For the employer of this Act brought some of the consequences, which is about its finances and the work regulations.

Then at the beginning it needs to be It is held to the labor and the employer to allow them to be insyaf. This act will mean the Act and its ease.

Nevertheless, in the course of the transition, there may still be some difficulty in labor and company. because of the lactate of this Act, for example in matters of labor the child must be replaced by adult labor. The end of the world will be hinted. The difficulties will not cause any hesitation to hold this Act.

It only needs to be made to reduce the distress. For this purpose, section 21 is held. In Government regulations, which are more limp and easy to change than in the Act, it will be established when it comes to the enactment of this Act. It will also be governed by the gradual process of work or work, either for the whole, or for part of the rules in this Act. In addition, according to article 22 of the paragraph (2) can be held to the rules of the transition.

Then this Act shall be carried out in full discretion, so that it can be done as well as it can be done.

The law is common law (publiek rechtelijk) with punishment because:

First: The rules that are contained in it are not intended to protect the interests of one person alone, but rather a rule of society.

Second: Indonesian Labour generally has no understanding or ability to protect its own rights.

Connected to it then it is the state that must maintain that the rules in this Act are executed. In that case the punishment needs to be held. With the threat of this punishment, the spiritual coercion and the influence of educating the Act against which it is in interest.

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EXPLANATION OF THE SECTION FOR ARTICLE: Article 1.

Verse (1)

Which is regulated in this Act is a labor-run job for the employer in a relationship work by accepting wages. Then what is important is the condition, that there must be a working relationship that is "zakelijk". In the sense of the word wages are not only the wages of the money, but also the wages of the goods or the balancing act, and other forms of wages. In connection with it, for example, it is not imposed by, this Act: a job run by educational school students who are educational, a job run by a person for oneself or his own company, a job run by a child for her parents, by a wife for her husband, a job which is run by a family member for that family company and a job run by a neighbor to her neighbor over. You can help me with a habit. In this section, there are three groups of people.

Adults:

that is male or female, 18-year-old up.

Young man:

that is a male and a female, who is more than 14 years old. but less than 18 years old. In that age the possibility of body progress and intelligence is developing. In conjunction with this, there needs to be a work restriction on young workers, in order to keep not until the possibility of progress is hindered.

Child:

is a male and a female, 14-year-old down. The definition of this age is related to the prohibition of child labor. The state of the child is generally still weak. Viewed from the corner of education the child still has to attend school until the general public 14 years, which is about until high school or the school of special skills 2 or 3 years after dropping out of low school. In terms of age limit and the prohibition of child labor, that our children are generally at least low-educated, plus two or three years of high school or high school of exceptional intelligence. The 14-year-old limit is the same as that has been defined in the international Converentie.

The legislation of the Dutch East Indies Government used to take as a 12-year-old limit for the ban on child employment. This law can be said to be very advanced in that.

Verse (2)

In this Act is thought to be no need to be affirmed the meaning of the word master, that is generally for each person of the work-giver (werkgever). What is considered important is, the expansion of the meaning in this verse is connected to the responsibility of the enactment of this Act 17.

Verse (3)

Enlargement of the company's meaning to the common nature of which it is not. It was meant by this Law Section 2.

Verse (1)

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The ban on child employment is based on intent to maintain health and education. The child's body is still weak to run a job, much less the weight. Risky jobs cost the possibility of the advancement of child intelligence, because of the work, let alone the nature of the routine, causing the collision of child intelligence. Aside from that, the ban on child labor is linked to the duties of the study of children now in Indonesia, there is no obligation to study. It means that together with the ban on child labor, there is sufficient education for children. Article 3.

This article makes it easier for evidence in prosecuting the violation of child employment restrictions. Articles 4, 5 and 6.

This section limits the work of young people by banning the work of young people who are easily damaging or harmful to his health. Young people still have to develop the possibility of his progress, physical and spiritual. In sections 4 verse (2) and (3) above matters that can be excluded from the ban on the work of the young people at night. Articles 7, 8 and 9.

This passage limits the work of women over consideration, that the woman is her weak body to maintain her health and humanity.

Excluded from the ban on women ' s work at night, the work is According to nature, places and circumstances should be run by women, for example, the work in the hospital. Section 10.

In this section is set a time of maximum work and rest time. If we were to remember the development of the country we were dealing with, and it turned out to be using our labor jobs in general, which is not generally rationalist, then the assignment of work and rest was clearly the government's point of view. to higher the degree of livelihood and labour intelligence. Article 11.

In this section it is stipulated that on the holidays to be set out in Government Regulation, labor should not be running a job. It is, though, that the labourers may have the opportunity to celebrate the feast day.

The exception in this chapter is about the work of the railway company, another transport company, which is due to its nature. Keep going. Section 12.

This section constitutes an immunity to the assignment of hours, rest time and holidays in articles 10 and 11, i.e. setting things up where labor is forced to work steadily to avoid chaos or disorder in the productie. or the administration. It's still a matter of time-restriction, up to 54 hours a week. The work is indeed heavy, but because it is not always used and usually only about the work of time (seizoensarbeid), in practice these rules will not bring about the adverse health care of the labor. Conditions for maintaining health and labor safety will be established in Government regulations for example, regarding the way of shift work; the restriction of time and other time of work and other means. Article 13.

This article guarantees a break time for female laborers in haidh time and on time

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before and after giving birth to the child to maintain the health and safety of the women's labor and her son the Government intends to establish in the other Act, that labor The woman during the rest of the day still received her full pay.

In the rule of verse (4) it contained the Government's intent to guarantee a chance for labor to exercise its obligations against her son. It is also thought by the Government for the possibility of holding the daycare and maintenance of women's labor children. Article 14.

This article requires a two-week year-long break. Our laborers should be given the opportunity to rest that will be used to look for families or to conduct a review trip with the intention of invigorating the body and the mind and expanding the landscape. In this case the kinan is holding rest places and a review for laborers. The rules of verse (2) are applied to workers who work in other parts of their native origin. Article 15.

Verse (1) of this section guarantees the opportunity for labor to exercise obligations according to his religion. This rule in verse (2) provides a chance for labour to celebrate its victory. Article 16.

This article incorporates the base rules for more specific rules about the workplace and labor housing provided by the employer. The next specific rules will be issued in the Government Ordinance. According to the verse (3) the labour of the labor of the labour appointed by the Minister of Affairs, the labor of the labor of the labor, is entitled to give orders on the safety of hygiene and health in the workplace and the labor companies provided by the Minister of Justice. The master Article 17.

This article sets out who is responsible, that the rules in this Act, in the rules and commandments, are defined in section 16 of the paragraph (3) are insuffiated. If the master had fulfilled his duty, he would not have been able to do any work in the way of the rules. Article 18.

This article incorporates punitive rules. The things that are subject to punishment according to the Act are considered to be violations. The threat of punishment is rather heavy connected to the importance of this Undangled goal and the return of labour and labor in this country. Article 19.

This article gives regulations on prosecutions and punishments, if the employer is a legal entity. Article 20

Refers to employees who are specifically required to harass violations of the rules of employment in and in conjunction with this Act. Section 21.

In order to ensure that this Act applies to its remains and for

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Preventing the difficulty of being connected to the present state, there is a possibility of a way to establish an effective way.

In Government Regulation. may be specified, that this Act applies to the work of a particular job or work.

The Government Regulation may also establish, that the rules in this Act may be partially or otherwise. entirety.

The third way is to hold the transitional rules for the Make it easier for this Act to make things right.

By itself the preparation effort and this transition requires a real discretion. Therefore, this obligation is passed to the Government Regulation which in a more "limp" way can overcome the difficulties.