When Anita, a young professional in Jakarta, confided to her HR manager about repeated inappropriate comments from a colleague, she feared retaliation more than the harassment itself. Her case reflects a broader issue in Indonesian workplaces: sexual harassment is often underreported due to stigma, power imbalance, and lack of clear procedures.

Key Issues

Sexual harassment in the workplace is not only a violation of personal dignity but also a significant risk for employers, leading to legal disputes, reputational damage, and loss of employee morale. It can take many forms—verbal, physical, non-verbal, or digital—and must be addressed proactively.

Legal Framework

Indonesia has strengthened its legal stance with Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS), which explicitly recognizes sexual harassment as a punishable offense. In employment, Manpower Law No. 13/2003 and its amendments obligate employers to ensure a safe workplace free from harassment. The Ministry of Manpower Regulation No. 88/2023 also guides companies to establish internal reporting and protection mechanisms.

Real Case

In 2021, a case in Bekasi highlighted systemic gaps: a female factory worker reported harassment by her supervisor, but management initially dismissed her claims. After intervention by labor unions and NGOs, the company was compelled to act, leading to disciplinary action and the creation of a workplace anti-harassment policy. This case underscored the need for employers to take proactive measures rather than reactive ones.

Best Practices for Employers

• Develop a clear anti-harassment policy aligned with Indonesian law.
• Provide confidential reporting channels with protection against retaliation.
• Train managers and staff on recognizing and preventing harassment.
• Take immediate and fair disciplinary action when cases arise.
• Promote a workplace culture of respect and equality.

Conclusion

Sexual harassment prevention is both a legal obligation and a moral imperative. By establishing strong policies, offering support to victims, and enforcing accountability, employers not only comply with the law but also build safer, more inclusive workplaces.

References

• Law No. 12/2022 on Sexual Violence Crimes (UU TPKS)
• Law No. 13/2003 on Manpower (and amendments)
• Ministry of Manpower Regulation No. 88/2023