EXPLANATORY NOTES
ON THE ACT OF
THE REPUBLIC OF INDONESIA
NUMBER 13 OF THE YEAR 2003
CONCERNING
MANPOWER AFFAIRS

GENERAL

Manpower development as an integral part of the national development based on the Pancasila and the 1945 onstitution shall be carried out within the framework of building up Indonesian as fully integrated human beings and the overall, integrated development of Indonesia’s society in order to enhance the dignity, values and status of manpower and to create a prosperous, just and well-off society in which material and spiritual benefits are evenly distributed.

Manpower development must be regulated in such a way so as to fulfill the rights of and to provide basic protection tomanpower and workers/ labourers and at the same time to be able to create conducive conditions for the development of the world of business. Manpower development has many dimensions and interconnectivity.

The interconnectivity is not only related to the interests of the workforce during, prior to and after the term of employment but also related to the interests of the entrepreneur, the government and the public.

Therefore, comprehensive and all-inclusive arrangements are needed. And this shall include, among others, the development of human resources, improvement of productivity and competitiveness of Indonesian manpower, efforts to extend job opportunities, job placement service, and industrial relations development. ndustrial relations development as part of manpower development must be directed to keep on realizing industrial relations that are harmonious, dynamic and based on justice. For this purpose, recognition and appreciation of human rights as tated under the Decree of the People’s Consultative Assembly Number XVII of 1998 (TAP MPR NO. XVII/MPR/1998) must be realized. As far as manpower business is concerned, this MPR decree serves as a chief milestone in promoting and upholding democracy in the workplace. It is expected that the implementation of democracy in the workplace will encourage optimal participation from all manpower and workers/ labourers of Indonesia to build the aspired State of Indonesia.

Some prevailing laws and regulations concerning manpower that has been ongoing thus far, including parts that are of colonial products, put workers in a less advantageous position especially when it comes to job placement service and industrial relations system that put too much emphasis on differences of positions and interests so that they are no longer suitable for today’s needs as well as for future demands.

The said statutory legislations are: _ Ordinance concerning the Mobilization of Indonesian People To Perform Work Outside of Indonesia ( Staatsblad Year 1887 Number 8); _ Ordinance dated December 17, 1925, which is a regulation concerning the Imposition of Restriction on Child Labour and Night Work for Women ( Staatsblad Year 1925 Number 647); _ Ordinance Year 1926, which is a regulation concerning Child and Youth Labour on Board of A Ship ( Staatsblad Year 1926 Number 87); _ Ordinance dated May 4, 1936 concerning Ordinance To Regulate Activities To Recruit Candidates ( Staatsbald Year 1936 Number 208); _ Ordinance concerning the Repatriation of Labourers Who Come From or Are Mobilized From Outside of Indonesia ( Staatsblad Year 1939 Number 545); _ Ordinance Number 9 Year 1949 concerning Restriction of Child Labour . . . . . .