Child Labor and Forced Labor Reports
Indonesia
Moderate Advancement
In 2021, Indonesia made moderate advancement in efforts to eliminate the worst forms of child labor. The Ministry of Women Empowerment and Child Protection launched a hotline to connect with child labor or child trafficking survivors requiring outreach, case management, shelter, mediation, and victim services. The government also issued Regulation No. 78/2021 on the Special Protection of Children, which requires the central and regional governments to provide comprehensive protection to children who are survivors of the worst forms of child labor, as well as children from minority groups and with disabilities. In addition, the Ministry of Manpower employed 1,503 labor inspectors in 2021, up from 1,352 labor inspectors in 2020. However, children in Indonesia are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also perform dangerous tasks in plantation agriculture, including in palm oil and tobacco production. The Ministry of Manpower continued to lack the financial resources and personnel necessary to fully enforce child labor laws throughout the country.
Children in Indonesia are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also perform dangerous tasks in plantation agriculture, including in palm oil and tobacco production. (1-6) Table 1 provides key indicators on children’s work and education in Indonesia.
|
Children |
Age |
Percent |
|---|---|---|
|
Working (% and population) |
10 to 14 |
3.7 (816,363) |
|
Working children by sector |
10 to 14 |
|
|
Agriculture |
61.6 |
|
|
Industry |
12.0 |
|
|
Services |
26.5 |
|
|
Attending School (%) |
10 to 14 |
92.4 |
|
Combining Work and School (%) |
10 to 14 |
2.1 |
|
Primary Completion Rate (%) |
102.3 |
Source for primary completion rate: Data from 2018, published by UNESCO Institute for Statistics, 2022. (7)
Source for all other data: International Labor Organization’s analysis of statistics from National Labor Force Survey (Sakernas), 2010. (8)
Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.
|
Sector/Industry |
Activity |
|---|---|
|
Agriculture |
Harvesting of palm oil, including growing, fertilizing, cutting, spraying, collecting, and loading palm oil fruits† (6,9-15) |
|
Planting, watering, harvesting, and applying fertilizer to tobacco, and curing, tying, and carrying tobacco leaves into storage units in the post-harvesting phase† (6,15-17) |
|
|
Production of rubber† (15) |
|
|
Fishing, including on fishing vessels, in processing facilities, and on offshore platforms† (3,6,15,18-20) |
|
|
Industry |
Mining,† including gold, tin, and sand (15,18,21) |
|
Construction,† activities unknown (4,6,16,18,19) |
|
|
Production of footwear, including sandals (12,16) |
|
|
Production of woven fabric, rattan-based bags, pottery, and other goods (17) |
|
|
Manufacturing pyrotechnics† (22,23) |
|
|
Services |
Street work, including working as sidewalk food vendors, begging, busking, and other unknown activities (20,21,24) |
|
Horse jockeying (6,15,25,26) |
|
|
Domestic work (15,18,19) |
|
|
Categorical Worst Forms of Child Labor‡ |
Commercial sexual exploitation, including use in the production of pornography, sometimes as a result of human trafficking (3,5,6,27) |
|
Forced domestic work, fishing, and mining (4,6,16,18,19,21) |
|
|
Use in illicit activities, including the sale, production, and trafficking of drugs, each sometimes as a result of human trafficking (3,6,16) |
† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.
The Ministry of Women Empowerment and Child Protection (MoWECP)'s 2020 Indonesian Children's Profile report, with data on working children between ages 10 and 17, is the most recent source of government child labor data. (15) The report cites data from the 2019 National Labor Force Survey, which indicate that the percentages of working children below the minimum age for work are 1.87 percent for ages 10 to 12 and 5.14 percent for ages 13 to 14. (28) In 2019, there were 2.35 million children ages 10 to 17 who were working—38 percent in the agriculture sector, 43 percent in the service sector, and 18 percent in the industrial sector. However, data are still missing for child laborers ages 5 to 10. (15,28) In addition, the 2019 National Labor Force Survey data are not used consistently across ministries. For instance, to inform its programs, the Ministry of Manpower (MoM) continues to use outdated and inaccurate estimates of child labor and its worst forms from the 2009 survey. (15)
Children are subjected to forced domestic work and commercial sexual exploitation, particularly in Batam, Bali, Jakarta, Riau Islands, Puncak district in Bogor, and near mining operations in Maluku, Papua, and Jambi provinces. (6,15,27) Abroad, children, mostly girls, are also subjected to forced domestic work and commercial sexual exploitation, primarily in Malaysia, Taiwan, and the Middle East. (6,19,21) Data from MoWECP's SIMFONI PPA (Sistem Informasi Online Perlindungan Perempuan dan Anak), a national information management system that tracks cases of violence against women and children across Indonesia, indicate that, from January to September 2021, of 9,428 reported cases involving children, 165 were cases of sexual exploitation and 256 were cases of human trafficking. (15) Through the COVID-19 pandemic, Indonesia closed its borders to foreign tourists and limited domestic tourism, which may have had an effect on reducing the prevalence of commercial sexual exploitation by Indonesians and foreigners. (15) A prominent network of civil society organizations that monitors child sexual exploitation also recorded no cases of child sex tourism in 2021. (27) Meanwhile, perpetrators are increasingly using online and social media platforms to recruit victims of commercial sexual exploitation and human trafficking. (6) The pandemic kept many children at home with no access to school services, during which traffickers might have used this opportunity to target minors with access to the Internet and more unsupervised time. (27) During the reporting period, a prominent civil society consortium that monitors child sexual exploitation conducted media monitoring and recorded 49 cases of commercial sex, 42 cases of online prostitution, and 50 cases related to child pornography. (27)
Children working in tobacco farming—especially in the provinces of East Java, Central Java, and West Nusa Tenggara—are exposed to pesticides, work long hours, carry heavy weight, and work in extreme heat, among other activities. (1,15,17,29,30) Children working on agricultural plantations, including palm oil, coffee, and rubber plantations, collect fallen palm fruitlets and plants, and spray toxic herbicides. (10,31) Children are often recruited by family members to help adult palm oil laborers meet harvest quotas, which sometimes results in children working long hours into the night or dropping out of school. (9,11,13-15) Children in the city of Bima, on the island of Sumbawa, work as horse jockeys and face a number of health and safety hazards, including risk of bone injuries and fatal falls. In addition to safety concerns, participation in horse racing may impact school attendance. (25,26)
Although the Act on the National Education System mandates free education, research indicates that schools impose additional fees on students to cover school activities and educational items, such as books, uniforms, transportation, and other non-tuition costs. (32,33) These added expenses may hinder students' ability to attend school, particularly for students from low-income families. Refugee children, and Indonesian children without proper birth documentation or a government-sponsored identification card, face a barrier to accessing education, because Indonesia's formal education system is only accessible to citizens and individuals with officially granted residency. (33,34) Children in rural areas are less likely to have a birth certificate than those in urban areas. (28) In addition, children with disabilities and children whose parents do not have a birth certificate also report high rates of non-registration. According to the 2019 National Socioeconomic Survey, 86 percent of children in Indonesia have birth certificates. (35) Through the formulation of the Sustainable Development Goals Roadmap and Medium-Term National Development Plan 2020–2024, the government has set an explicit target to increase birth certificate coverage to 100 percent through its strategy of strengthening civil registration and other vital statistics. (28) In addition, the government has an online application system as an alternative to applying at population registry offices to help Indonesian children obtain birth documentation more quickly so they can attend school. (34,36)
The pandemic severely affected Indonesia's education system and children's access to schooling. In response to the pandemic, the government closed public schools and moved much of its learning online. (37) Lack of technology and access to high-speed Internet resulted in many students in rural and poorer areas having unequal access to education. (38) Children's presence at home during normal school hours also increased the likelihood that family members may have pressured them to engage in family-based employment to supplement the family's income during the pandemic. However, many schools returned to in-person classes in late 2021. (38)
In addition, Indonesia's National Disaster Management Agency reported 1,441 natural disasters, with 493 fatalities, from January to June 2021. (15) Children who are orphaned, separated from their families, displaced, or become homeless as a result of natural disasters are at high risk of child labor, forced labor, and human trafficking. (6,35)
Indonesia has ratified all key international conventions concerning child labor (Table 3).
|
Convention |
Ratification |
|---|---|
|
ILO C. 138, Minimum Age |
✓ |
|
ILO C. 182, Worst Forms of Child Labor |
✓ |
|
UN CRC |
✓ |
|
UN CRC Optional Protocol on Armed Conflict |
✓ |
|
UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography |
✓ |
|
Palermo Protocol on Trafficking in Persons |
✓ |
The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Indonesia's legal framework to adequately protect children from the worst forms of child labor, including insufficient prohibitions against child trafficking.
|
Standard |
Meets International Standards |
Age |
Legislation |
|---|---|---|---|
|
Minimum Age for Work |
Yes |
15 |
Law on the Ratification of ILO C. 138; Article 69 of the Manpower Act (39,40) |
|
Minimum Age for Hazardous Work |
Yes |
18 |
Article 74 of the Manpower Act; Article 2 of Ministerial Decree No. 235 (40,41) |
|
Identification of Hazardous Occupations or Activities Prohibited for Children |
Yes |
Annex F of Ministerial Decree No. 235: Jobs that Jeopardize the Health, Safety, or Morals of Children (41) |
|
|
Prohibition of Forced Labor |
Yes |
Article 74 of the Manpower Act; Articles 1–6 and 17 of the Law on the Eradication of the Criminal Act of Trafficking in Persons; Article 83 of the Law on Child Protection (40,42,43) |
|
|
Prohibition of Child Trafficking |
No |
Articles 1–6 and 17 of the Law on the Eradication of the Criminal Act of Trafficking in Persons; Article 83 of the Law on Child Protection (42,43) |
|
|
Prohibition of Commercial Sexual Exploitation of Children |
Yes |
Article 74 of the Manpower Act; Articles 81 and 82 of the Law on Child Protection; Section 3 of the Law on the Ratification of the Rights of the Child Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography; Articles 4–12 and 37 of Law on Anti-Pornography; Article 297 of the Penal Code (40,43-46) |
|
|
Prohibition of Using Children in Illicit Activities |
Yes |
Article 74 of the Manpower Act; Articles 67, 78, and 89 of the Law on Child Protection (40,43) |
|
|
Minimum Age for Voluntary State Military Recruitment |
Yes |
Article 28 of Law No. 34/2004 on the Indonesian National Armed Forces (47) |
|
|
Prohibition of Compulsory Recruitment of Children by (State) Military |
Yes |
Article 28 of Law No. 34/2004 on the Indonesian National Armed Forces (47) |
|
|
Prohibition of Military Recruitment by Non-state Armed Groups |
Yes |
Article 3(d) of Law No. 9/2012 on Ratifying the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (48) |
|
|
Compulsory Education Age |
Yes |
15 |
Article 48 of the Law on Child Protection; Articles 6 and 34 of the Act on the National Education System (32,43) |
|
Free Public Education |
No |
Articles 12, Section 2(b), and 34 of the Act on the National Education System (32) |
The legislature has yet to pass the Domestic Workers Protection Bill. This bill outlines the circumstances under which children ages 15 through 17 can perform non-hazardous domestic work, including requiring parental permission to execute the work contract and prohibiting work at night. (3,49)
Indonesia's prohibitions against child trafficking are inconsistent with international law because the Law on the Eradication of the Criminal Act of Trafficking in Persons requires a demonstration of threats, the use of force, or coercion to be established for the crime of child trafficking. (42,43) However, judicial officials at the national and provincial level continued to assert that the law implicitly established that force, fraud, or coercion was not required to constitute child sex trafficking and that this, therefore, was not a barrier to successfully prosecuting and obtaining convictions in child sex trafficking cases. (6)
Although Indonesia does specify the conditions in which light work may be undertaken and limits the number of hours for light work, it does not list activities in which light work may be permitted. The types of hazardous work prohibited for children also do not cover horse jockeying, a type of work in which there is evidence that Indonesian children are exposed to physical dangers. (41) In addition, Article 12, Section 2(b) of the Act on the National Education System permits schools to charge fees. Although the Act on the National Education System provides for free basic education, the Act also requires students to pay prescribed fees unless those fees are waived. (32)
The government has established relevant institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5).
|
Organization/Agency |
Role |
|---|---|
|
Ministry of Manpower (MoM), Directorate General of Labor Development and Supervision and Directorate of Norms Supervision of Women and Child Workers |
MoM's Directorate General of Labor Development and Supervision enforces the country's labor laws relating to child labor through labor inspections and formulates policies, standards, norms, guidelines, and mechanisms on labor inspections. Provides information to employers on child labor laws and regulations and works with law enforcement officials to prosecute child labor violators. (50) MoM's Directorate of Norms Supervision of Women and Child Workers responds to complaints of child labor by telephone, fax, or e-mail. Refers children found during inspections to the local Women’s Empowerment and Family Planning Body or to the Integrated Service Center for Empowering Women and Children for appropriate social services, coordinated by the Ministry of Women Empowerment and Child Protection (MoWECP) and the Ministry of Social Affairs (MoSA). (15) |
|
Indonesian National Police, including Women and Children’s Service Unit |
Handle investigations involving child trafficking. (15) Conduct inspections and raids, and make arrests in response to crimes, including those related to the worst forms of child labor. (2) |
Labor Law Enforcement
In 2021, labor law enforcement agencies in Indonesia took actions to address child labor (Table 6). However, gaps exist within the operations of the MoM that may hinder adequate labor law enforcement, including insufficient human resource allocation.
|
Overview of Labor Law Enforcement |
2020 |
2021 |
|---|---|---|
|
Labor Inspectorate Funding |
$13.5 million (21) |
$12.2 million (15) |
|
Number of Labor Inspectors |
1,352 (21) |
1,503 (15) |
|
Mechanism to Assess Civil Penalties |
No (40,51) |
No (40,51) |
|
Initial Training for New Labor Inspectors |
Yes (21) |
Yes (15) |
|
Training on New Laws Related to Child Labor |
N/A |
N/A |
|
Refresher Courses Provided |
Yes (21,36) |
Yes (15) |
|
Number of Labor Inspections Conducted |
10,007† (21) |
12,419‡ (15) |
|
Number Conducted at Worksite |
10,007† (21) |
12,419‡ (15) |
|
Number of Child Labor Violations Found |
0 (21) |
0 (15) |
|
Number of Child Labor Violations for Which Penalties Were Imposed |
1 (52) |
N/A (15) |
|
Number of Child Labor Penalties Imposed that Were Collected |
N/A (21) |
N/A (15) |
|
Routine Inspections Conducted |
Yes (21) |
Yes (15) |
|
Routine Inspections Targeted |
Yes (21) |
Yes (15) |
|
Unannounced Inspections Permitted |
Yes (51) |
Yes (51) |
|
Unannounced Inspections Conducted |
Yes (21) |
Yes (15) |
|
Complaint Mechanism Exists |
Yes (21) |
Yes (15) |
|
Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services |
Yes (21) |
Yes (15) |
† Data are from January 2020 to September 2020.
‡ Data are from January 2021 to September 2021.
During the reporting period, the government decreased labor inspection funds to $12.2 million in 2021 from $13.5 in 2020 due to budget reallocations to support the pandemic response. Officials noted that funds are insufficient to cover office infrastructure, transportation, and fuel for vehicles, which hampered labor inspectors' ability to carry out inspections. (15)
Despite the budget decrease, MoM employed 1,503 labor inspectors in 2021, up from 1,352 labor inspectors in 2020. (15) However, the number of labor inspectors is likely insufficient for the size of Indonesia’s workforce, which includes approximately 139 million workers. According to the ILO’s technical advice of a ratio approaching 1 inspector for every 15,000 workers in developing economies, Indonesia would need to employ roughly 9,278 labor inspectors. (53,54)
Officials at MoM disclosed that there are insufficient inspectors to cover all formal workplaces, and MoM continued to rely on community-based monitors and neighborhood chiefs to report incidences of child labor. (15,21,34) As of September 2021, MoM conducted 12,419 inspections in 12,820 workplaces in the formal sector, including 11,440 routine inspections. Although MoM reported no instances of child labor, ILO and MoM officials suspect that child labor violations occur. (15) MoWECP, which coordinates the provision of social services to children, responds to reports of child labor in the informal sector. (12)
In 2021, MoM conducted a training, held in person and virtually, to 25 labor inspectors in North Sulawesi province and 50 companies in Manado on the Socialization of Child Workers norms, as well as trainings on child labor in Jakarta, Banten, and West Java. (15,38) In previous years, government officials noted that the amount of refresher training was insufficient, given the total number of labor inspectors. (2)
As the law in Indonesia treats child labor as a criminal offense, labor inspectorates may initiate investigations for violations related to child labor, which may result in prosecutions and criminal penalties. (40,51) Child labor cases are investigated by MoM civilian investigators who collect evidence and prepare information that is passed to the Attorney General's Office for subsequent prosecution. (21)
Criminal Law Enforcement
In 2021, criminal law enforcement agencies in Indonesia took actions to address child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including insufficient training for criminal investigators.
|
Overview of Criminal Law Enforcement |
2020 |
2021 |
|---|---|---|
|
Initial Training for New Criminal Investigators |
No (21,36) |
No (15) |
|
Training on New Laws Related to the Worst Forms of Child Labor |
Yes (21) |
N/A |
|
Refresher Courses Provided |
No (21,36) |
No (15) |
|
Number of Investigations |
Unknown (21) |
3 (27) |
|
Number of Violations Found |
Unknown (21) |
Unknown (27) |
|
Number of Prosecutions Initiated |
Unknown (21) |
Unknown (27) |
|
Number of Convictions |
Unknown (21) |
2 (27,38) |
|
Imposed Penalties for Violations Related to the Worst Forms of Child Labor |
Unknown (21) |
2 (27) |
|
Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services |
Yes (21) |
Yes (15) |
During the reporting period, the High Court of Kendari, Southeast Sulawesi, upheld a decision during an appeal from the former Deputy Regent of North Buton who was convicted in June 2020 under Indonesian child protection laws for the sexual exploitation of a minor. The court extended his sentence to 13.5 years, up from 6.5 years, and increased his fine to $71,429 from $7,042. (6,27) In August 2021, the Mojokerto District Court, East Java sentenced a trafficker under Indonesia's anti-trafficking in persons laws to 10 years in prison and imposed a fine of $14,286 for subjecting 36 minors between ages 14 to 16 to online commercial sexual exploitation. In October 2021, the Sigli District Court, Aceh, convicted a trafficker to 6.5 years in prison and imposed a fine of $7,143 for subjecting 2 minors to commercial sexual exploitation. (27)
The Indonesian National Police's Criminal Investigation Division maintains an informal database of cases involving child trafficking. However, these statistics are not comprehensive of all child trafficking crimes or other worst forms of child labor, and the number of violations found and prosecutions initiated do not specify whether they were for worst forms of child labor offenses or human trafficking offenses. (27) In addition, the government does not have a centralized system of aggregating information on criminal law enforcement information related to child labor and its worst forms. (15) Although data for these crimes may exist at the local level, the government lacks the resources to consolidate data in a central database. (27) The decentralized nature of criminal law enforcement data and voluntary reporting by precincts may have contributed to the underreporting of criminal law enforcement information related to the worst forms of child labor.
No training on child labor and its worst forms was held for criminal law enforcement during the reporting period due to pandemic-related restrictions and reprioritization of funds. (15) Research found training on current child labor-specific regulations to be inadequate. (2)
The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including efficacy in accomplishing mandates.
|
Coordinating Body |
Role & Description |
|---|---|
|
MoWECP |
Coordinates among relevant ministries at the national and provincial levels on child protection efforts, including child labor. Collaborates with MoM, which enforces child labor laws, and MoSA to ensure that all children who were removed from child labor are provided with appropriate social services, such as rehabilitation at shelters, before enrolling them in school. (15) Coordinates with the Ministry of Communication to maintain a Children's Helpline to receive complaints on child labor. During the reporting period, MoWECP launched a hotline to connect with survivors of child labor or child trafficking requiring outreach, case management, shelter, mediation, and victim services. (15,38) This hotline is in addition to SEJIWA (Sehat Jiwa), another hotline that supports women and children during the COVID-19 pandemic. Also in 2021, MoWECP recognized 17 stakeholders who worked toward the elimination of child labor in Indonesia. (15) These stakeholders included local governments, businesses, and organizations. (15) |
|
Indonesian Child Protection Commission (KPAI) |
Monitors the implementation of the Child Protection Law and child protection policies, and provides recommendations on child protection framework to the President of Indonesia. (43) Includes MoWECP; MoSA; the Ministry of Education, Culture, Research, and Technology; the Ministry of Health; the Ministry of Agriculture; the Ministry of Law and Human Rights; the Indonesian National Police; and the National Narcotics Agency. (55) During the reporting period, KPAI held a press conference on the status of its supervision of 35 cases of child victims of sexual exploitation and child labor from January to April 2021. (56) |
|
Provincial-Level and District-Level Regional Action Committees |
Coordinate and monitor policy and program efforts and develop action plans to eliminate the worst forms of child labor at the local level. Led by the Ministry of Home Affairs. (57) Indonesia has provincial-level task forces in 32 provinces and 194 district-level committees. During the reporting period, the provincial-level and district-level committees continued their activities. (15) |
|
National Anti-Trafficking in Persons Task Force |
Coordinates anti-human trafficking efforts across 21 ministries and government agencies, including MoM and MoWECP; advocates, disseminates information, conducts trainings, and builds national and international cooperation; monitors protection systems for survivors of human trafficking; develops law enforcement practices related to human trafficking; and evaluates and reports to the President on the Task Force's work. Co-chaired by the Coordinating Ministry of Human Development and Culture and the Coordinating Ministry of Political, Legal, and Security Affairs. (27) During the reporting period, the Anti-Trafficking Task Force continued to work on the National Action Plan on Preventing Human Trafficking, which expired in 2019. (27) Research found coordination between the National Anti-Trafficking Task Force and its provincial and local-level counterparts to be insufficient to translate national government policies into nationwide implementation. (6) |
|
Provincial-Level and District-Level Anti-Trafficking in Persons Task Forces |
Coordinate prevention and anti-trafficking efforts at the local level. Commonly chaired by the local Integrated Service Center for Women and Children or the local Office of Social Affairs. Operate in 32 provinces and 251 out of 438 districts and municipalities. (27) During the reporting period, the local chair of the Anti-Trafficking in Persons Task Force in Nunukan Regency, North Kalimantan province, led workshops to raise awareness on anti-trafficking in persons strategies, which were attended by 41 local government officials. In addition, in July 2021, the Aceh Provincial Women Empowerment and Child Protection Agency organized a "Regional Trafficking Issues Networking and Mapping" meeting to strengthen the regency- or city-level Anti-Trafficking in Persons Task Force networks. (27) |
The government eliminated the National Action Committee for the Elimination of the Worst Forms of Child Labor in 2014 to streamline its bureaucracy and transferred the committee's responsibilities to MoM. MoM serves as the lead agency for coordinating the work of partner ministries and sub-national entities in implementing the National Plan of Action for the Elimination of the Worst Forms of Child Labor (2002–2022). (15)
Some Provincial and District Task Forces lack sufficient funding to conduct investigations and mechanisms to incorporate anti-trafficking in persons national policies and recommendations into their policy priorities. Although the Indonesian National Police's Criminal Investigative Division received dedicated funding for anti-human trafficking activities, provincial police did not receive dedicated funding for human trafficking cases and funded investigations through their general crimes budget. (6)
The government has established policies related to child labor (Table 9).
|
Policy |
Description |
|---|---|
|
National Plan of Action (NPA) for the Elimination of the Worst Forms of Child Labor (2002–2022) |
Provides a policy framework for the elimination of child labor, including its worst forms. (58) Specific activities conducted during the third phase of the NPA include developing a set of recommendations with international and local NGOs, increasing awareness-raising and advocacy efforts, and integrating child labor in formulating sectoral policies and regulations. Established a program to create a series of industrial zones free of child labor, as well as the National Movement for the Elimination of the Worst Forms of Child Labor to integrate the issue of child labor as the government develops sectoral policies and programs. (15) During the reporting period, MoM distributed anti-child labor booklets to companies and agencies, and held trainings for labor inspectors in Jakarta, Banten, and West Java. (15) |
|
Roadmap Toward a Child Labor-Free Indonesia in 2022 (2014–2022) |
Supports implementation of the NPA for the Elimination of the Worst Forms of Child Labor. Aims to mainstream the elimination of the worst forms of child labor into relevant national policies; strengthen coordination between stakeholders at the national, provincial, and district levels; and enhance the capacity of stakeholders to eradicate child labor. (59) During the reporting period, MoM held a virtual event on the Declaration of Indonesian Palm Oil Sector Free of Child Labor, in which the Minister of Manpower was a keynote speaker and 287 companies in 35 regencies/cities in 7 provinces throughout Indonesia attended. (36) |
‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (19,21)
In 2021, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including education-related fees for children to attend school.
|
Program |
Description |
|---|---|
|
Child Trafficking Services† |
Provide social rehabilitation and shelter services for child survivors of human trafficking. Led by MoSA and other government agencies. (19) The government continued to provide shelter and rehabilitation services for child trafficking survivors during the reporting period. (6) |
|
Cash Transfer Programs† |
Provide conditional cash transfers to help with formal and informal education opportunities and health expenses for vulnerable groups, including street children, abandoned children and infants, children facing criminal charges, children with disabilities, the poorest families, and child laborers who dropped out of school. Includes the Smart Indonesia Program (Kartu Indonesia Pintar, KIP), a card that provides educational grants to all school-age children whose families have a Family Welfare Card or meet eligibility criteria covering both formal and informal education; Child Social Welfare Program (Program Kesejahteraan Sosial Anak), which provides conditional cash transfers to children; Family Welfare Card (Kartu Keluarga Sejahtera), which provides a bank account and consolidates all financial assistance programs, including children's education and health funds, for low-income families; and the Family Home Program (Program Keluarga Harapan, PKH), which provides conditional cash transfers for children's education to the poorest 5 percent of households. (2,34,35) In 2021, the government provided KIP cards to 17.9 million students from poor families. (15) In response to the pandemic, PKH's budget was reduced to $2.04 billion in 2021 from $2.67 billion in 2020, yet it still provided services to 10 million beneficiaries in 2021. (15) |
|
Education Programs† |
School Operation Assistance (Bantuan Operasional Sekolah) grant program compensates schools for the loss of income from waiving school fees for poor and vulnerable children in primary, junior secondary, and senior high schools. (15) In 2021, the government allocated $3.66 billion to the fund. (15) Minimum Service Standards of Basic Education Program improves access to quality public education by limiting the distance of primary and junior secondary schools from children’s households, specifying minimum teacher-student ratios, and identifying minimum teacher education qualifications. (60) Community Learning Centers provide education for children of migrant palm oil workers. (19) Reducing Child Labor to Support the Family Hope Program (PPA-PKH) provides special education services to prepare children who dropped out of school to work so they can return to school, and aims to reduce child labor among targeted households. (15,34) |
† Program is funded by the Government of Indonesia.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (16,21,35)
During the reporting period, the government issued Regulation No. 78/2021 on the Special Protection of Children, which requires the central and regional governments to provide comprehensive protection to children who are survivors of forced labor, slavery or practices similar to slavery, commercial sexual exploitation (including child pornography), and human trafficking, and to children from minority groups and with disabilities. (15) Comprehensive protection provisions include providing physical, psychological, and social treatment and rehabilitation services, social assistance for children from economically disadvantaged families, and protection and assistance in judicial proceedings. (61)
As Indonesia's poorest families continue to cope with financial effects of the pandemic, the government provided 100 million Indonesians with the Indonesia Health Card (KIS) designed to aid those who are struggling to meet basic needs, thereby reducing the risk of child labor. The budget for KIS in 2021 remained unchanged from 2020 at $3.43 billion. (15)
Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Indonesia (Table 11).
|
Area |
Suggested Action |
Year(s) Suggested |
|---|---|---|
|
Legal Framework |
Ensure that threats, the use of force, and coercion do not need to be established for the crime of child trafficking. |
2018 – 2021 |
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Ensure that the hazardous occupations and activities prohibited for children are comprehensive and include sectors in which child labor is known to occur, including jockeying in horse racing. |
2019 – 2021 |
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Ensure that the law’s light work provisions specify the activities in which light work may be permitted. |
2020 – 2021 |
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Establish by law free basic public education by removing provisions that permit schools to charge fees. |
2020 – 2021 |
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Enforcement |
Ensure that labor inspectorate funding is sufficient to cover infrastructure, transportation, and fuel requirements to enable labor inspectors to carry out inspections. |
2018 – 2021 |
|
Significantly increase the number of labor inspectors to meet the ILO’s technical advice to provide adequate coverage of the workforce. |
2010 – 2021 |
|
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Ensure that labor inspectors conduct inspections for child labor violations in all relevant workplaces, including the informal sector. |
2018 – 2021 |
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Ensure that all labor law and criminal law enforcement personnel receive adequate training on child labor regulations, including refresher trainings. |
2017 – 2021 |
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Collect and publish national criminal law enforcement data on the number of child labor violations, including the worst forms of child labor. |
2021 |
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Publish criminal law enforcement information, including the number of violations found and prosecutions initiated for crimes relating to child labor, including its worst forms. |
2009 – 2021 |
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|
Coordination |
Sufficiently fund Provincial and District Task Forces and require them to incorporate national anti-trafficking in persons policies and recommendations into their policy priorities on the elimination of trafficking of women and children. |
2016 – 2021 |
|
Social Programs |
Conduct research to determine the types of labor activities carried out by children, including in construction and street work sectors, to inform social policies and programs. |
2014 – 2021 |
|
Collect and publish prevalence data on child laborers ages 5 through 10. |
2019 – 2021 |
|
|
Enhance efforts to eliminate barriers to education, including ensuring that all children are able to obtain a government-issued student identification number so they can attend school. |
2016 – 2021 |
- Lamb, Kate. 'I've been sick in the chest': Tobacco fields take toll on Indonesian children. The Guardian. June 26, 2018.
https://www.theguardian.com/world/2018/jun/26/tobacco-indonesia-child-labour-harvest - U.S. Embassy- Jakarta. Reporting. January 28, 2020.
- ILO CEACR. Observation concerning Worst Forms of Child Labour Convention 1999 (No. 182) Indonesia (ratification: 2000). 2019. Source on file.
- U.S. Embassy- Jakarta. Reporting. March 25, 2020.
- The Jakarta Post. Interpol, FBI to help investigate pedophile group. March 16, 2017.
http://www.thejakartapost.com/news/2017/03/16/interpol-fbi-to-help-investigate-pedophile-group.html - U.S. Department of State. Trafficking in Persons Report- 2021: Indonesia. Washington, D.C., July 1, 2021.
https://www.state.gov/reports/2021-trafficking-in-persons-report/indonesia/ - UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 3, 2022. For more information, please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.
http://data.uis.unesco.org/. - ILO Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from National Labor Force Survey (Sakernas), 2010. Analysis received March 2022. Please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
- Gottwald, Eric. Certifying Exploitation: Why "Sustainable" Palm Oil Production is Failing Workers. New Labor Forum, 2018. Source on file.
- Mason, Margie, and Robin McDowell. Palm oil labor abuses linked to world's top brands, banks. Associated Press, September 24, 2020.
https://apnews.com/article/virus-outbreak-only-on-ap-indonesia-financial-markets-malaysia-7b634596270cc6aa7578a062a30423bb - Mason, Margie, and Robin McDowell. Rape, abuses in palm oil fields linked to top beauty brands. Associated Press, November 18, 2020.
https://apnews.com/article/palm-oil-abuse-investigation-cosmetics-2a209d60c42bf0e8fcc6f8ea6daa11c7 - U.S. Embassy- Jakarta. Reporting. January 17, 2017.
- Transnational Palm Oil Labour Solidarity. Labour Rights Violation in the Global Supply Chain of the Palm Oil Industry. November 26, 2020.
https://palmoillabour.network/labour-rights-violation-in-the-global-supply-chain-of-the-palm-oil-industry-2/ - McDowell, Robin, and Margie Mason. Child labor in palm oil industry tied to Girl Scout cookies. Associated Press, December 30, 2020.
https://apnews.com/article/palm-oil-forests-indonesia-scouts-83b01f2789e9489569960da63b2741c4?utm_source=Twitter&utm_medium=AP&utm_campaign=SocialFlow&fbclid=IwAR2uNLgXdj8owo3aj6rFIQrCTQg5pBRPMhfkL_mwfRe2xNs2Y1aeEV9Hnvs - U.S. Embassy- Jakarta. Reporting. January 10, 2022.
- U.S. Embassy- Jakarta. Reporting. January 16, 2018.
- Andrina, Michelle, et. al. Baseline Study on Child Labour in Tobacco-Growing Areas in Indonesia. Jakarta: The SMERU Research Institute, June 2020.
https://smeru.or.id/en/publication/baseline-study-child-labour-tobacco-growing-areas-indonesia - UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families. Concluding observations on the initial report of Indonesia, CMW/C/IDN/CO/1. October 19, 2017.
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CMW/C/IDN/CO/1&Lang=en - U.S. Embassy- Jakarta. Reporting. February 24, 2021.
- Yulisman, Linda. Covid-19 pandemic pushes more into child labour in Indonesia. Jakarta: The Straits Times, March 9, 2021.
https://www.straitstimes.com/asia/se-asia/covid-19-pandemic-pushes-more-into-child-labour-in-indonesia - U.S. Embassy- Jakarta. Reporting. January 22, 2021.
- Putri, Restidia, and Richard C. Paddock. Out of Sixth Grade, and Straight to the Factory She Died In. New York Times. October 30, 2017.
https://www.nytimes.com/2017/10/30/world/asia/indonesia-fireworks-fire-underage.html - Hawley, Samantha. Tanzil was paid just $6 a day to work in a fireworks factory which became an inferno. Australian Broadcasting Corporation, November 18, 2017.
http://www.abc.net.au/news/2017-11-18/jakarta-factory-fire-shines-light-on-unsafe-workers-conditions/9157262 - Gettleman, Jeffrey, and Suhasini Raj. As Covid-19 Closes Schools, the World’s Children Go to Work. Tumakuru, India: New York Times, September 27, 2020.
https://www.nytimes.com/2020/09/27/world/asia/covid-19-india-children-school-education-labor.html - Noren, Nicole, and Van Zeller, Mariana. The world of Sumbawa's child jockeys. ESPN.com, June 7, 2019.
https://www.espn.com/horse-racing/story/_/id/26788616/the-world-sumbawa-child-jockeys - Dean, Adam. For Indonesia's Child Jockeys, Time to Retire at 10, After 5 Years of Racing. The New York Times, August 24, 2019.
https://www.nytimes.com/2019/08/24/world/asia/indonesia-sumbawa-child-jockeys-horse-racing.html - U.S. Embassy- Jakarta. Reporting. February 14, 2022.
- Government of Indonesia, Ministry of Women Empowerment and Child Protection. Indonesian Children's Profile. Jakarta: February 17, 2021.
https://www.kemenpppa.go.id/index.php/page/read/25/3056/profil-anak-indonesia-tahun-2020 - Human Rights Watch. World Report 2018: Indonesia. January 16, 2018.
https://www.hrw.org/world-report/2018/country-chapters/indonesia - Wurth, Margaret. Did a Child Get Sick Farming the Tobacco in Your Cigarette? Human Rights Watch. February 9, 2017.
https://www.hrw.org/news/2017/02/09/did-child-get-sick-farming-tobacco-your-cigarette - U.S. Embassy- Jakarta official. E-mail communication to USDOL official. June 26, 2019.
- Government of Indonesia. National Education System Act, No. 20. Enacted: 2003. Source on file.
- U.S. Department of State. Country Reports on Human Rights Practices- 2020: Indonesia. Washington, D.C., March 30, 2021.
https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/indonesia/ - U.S. Embassy- Jakarta. Reporting. February 6, 2019.
- UNICEF. The State of Children in Indonesia. May 2020.
https://www.unicef.org/indonesia/media/5041/file/The State of Children in Indonesia.pdf - U.S. Embassy- Jakarta official. E-mail communication to USDOL official. February 12, 2021.
- Human Rights Watch. World Report 2021: Indonesia. 2021.
https://www.hrw.org/world-report/2021/country-chapters/indonesia - U.S. Embassy- Jakarta official. E-mail communication to USDOL official. February 8, 2022.
- Government of Indonesia. Act of the Republic of Indonesia No. 20 of 1999 on Ratification of ILO Convention 138 concerning Minimum Age for Admission to Employment. Enacted: May 7, 1999.
http://fisipku.tripod.com/ipec/uuno20.htm - Government of Indonesia. Act of the Republic of Indonesia No. 13, Concerning Manpower. Enacted: 2003.
http://www.ilo.org/dyn/travail/docs/760/Indonesian Labour Law - Act 13 of 2003.pdf - Government of Indonesia. Concerning Jobs that Jeopardize the Health, Safety or Morals of Children, Ministerial Decree 235. Enacted: 2003. Source on file.
- Government of Indonesia. The Eradication of the Criminal Act of Trafficking in Persons, No. 21. Enacted: 2007. Source on file.
- Government of Indonesia. Child Protection Act, No. 23. Enacted: 2002. Source on file.
- Government of Indonesia. On the Ratification of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, No. 10/2012. Enacted: 2012. Source on file.
- Government of Indonesia. Law on Anti-Pornography, No. 44/2008. Enacted: 2008. Source on file.
- Government of Indonesia. Penal Code. Enacted: 1999. Source on file.
- Government of Indonesia. Law No. 34/2004 on the Indonesian National Armed Forces. Enacted: 2004. Source on file.
- Government of Indonesia. Law No. 9/2012 on Ratifying the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict. Enacted: 2012. Source on file.
- Government of Indonesia. Draft Domestic Workers Protection Bill (translated). 2010. Source on file.
- ILO. Labour Inspection Structure and Organization.
http://www.ilo.org/labadmin/info/WCMS_153136/lang--en/index.htm - Government of Indonesia. Ministerial Regulation on Labor Supervision Procedures, No. 33/2016. Enacted: November 17, 2016. Source on file.
- U.S. Embassy- Jakarta official. E-mail communication to USDOL official. February 22, 2022.
- UN. World Economic Situation and Prospects 2021: Annex. 2021.
https://www.un-ilibrary.org/content/books/9789210054980c007 - ILO modelled estimates and projections (ILOEST) – Population and labour force. Accessed: January 25, 2022. https://ilostat.ilo.org/data/ Labor force data is modelled on a combination of demographic and economic explanatory variables by the ILO. Please see "Labor Law Enforcement: Sources and Definitions" in the Reference Materials section of this report.
- Indonesian Child Protection Commission (KPAI). Beranda | Komisi Perlindungan Anak Indonesia. Accessed: 2021.
https://www.kpai.go.id/ - Indonesian Child Protection Commission (KPAI). Hasil pengawasan KPAI tentang perlindungan anak korban eksploitasi seksual dan pekerja anak bulan Januari s.d. April: dari 35 kasus yang dimonitor KPAI, 83% kasus prostitusi, jumlah korban mencapai 234 anak. Jakarta: May 5, 2021.
https://www.kpai.go.id/publikasi/hasil-pengawasan-kpai-tentang-perlindungan-anak-korban-eksploitasi-seksual-dan-pekerja-anak-bulan-januari-s-d-april-dari-35-kasus-yang-dimonitor-kpai-83-kasus-prostitusi-jumlah-korban-mencapai-234 - Government of Indonesia. Concerning Guidelines for the Formation of Regional Action Committees, the Establishment of Regional Action Plans, and the Empowerment of Communities in the Elimination of the Worst Forms of Child Labor, No. 6. Enacted: 2009. Source on file.
- Government of Indonesia. The Decision of the President of the Republic of Indonesia, No. 59 of the Year 2002 on the National Plan of Action for the Elimination of the Worst Forms of Child Labor. Enacted: 2002. Source on file.
- Government of Indonesia. Roadmap Towards a Child Labour-Free Indonesia in 2022. 2014.
http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-jakarta/documents/publication/wcms_377170.pdf - Government of Indonesia. Ministerial Regulation on Minimum Service Standard for Basic Education Program in the Municipality/Regency Level, No. 23/2013. Enacted: March 21, 2013. Source on file.
- Government of Indonesia. Government Regulation on the Special Protection of Children, No. 78/2021. Enacted: August 10, 2021.
https://peraturan.bpk.go.id/Home/Details/175276/pp-no-78-tahun-2021
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