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| english | bahasa indonesia | home | conventions | laws | countries ratified | ||
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ACT OF REPUBLIC
OF INDONESIA NO. 20 OF 1999 ON RATIFICATION ILO CONVENTION NO 138 CONCERNING MINIMUM AGE FOR ADMISSION TO EMPLOYMENTMINISTER FOR FOREIGN AFFAIRS REPUBLIC OF INDONESIA INSTRUMENT OF RATIFICATION I, ALI ALATAS, Minister for Foreign Affairs of the Republic of Indonesia do hereby certify that the Government of the Republic of Indonesia, by Law No. 20/1999 on May 1999 has ratified the ILO Convention No. 138 concerning Minimum Age for Admission to Employment, adopted by the Fifty-eighth Conference of the International Labour Organization held at Geneva on 26 June 1973 with the provision of Article 11 of the Convention: NOW THEREFORE, BE IT KNOWN, that the Government of the Republic of Indonesia does hereby confirm and ratify the said Convention, with Declaration (attached herewith) and undertake to perform and carry out the stipulations contained therein; IN WITNESS WHEREOF, I have signed and sealed this Instrument of Ratification; DONE at Jakarta on the twenty-fourth of May in the year of one thousand and nine hundred and ninety nine. MINISTER FOR FOREIGN AFFAIRS OF ALI ALATAS S.H. ACT OF REPUBLIC OF INDONESIA NO. 20 OF 1999 ON
RATIFICATION ILO CONVENTION NO 138 WITH THE BLESSING OF GOD THE PRESIDENT OF REPUBLIC OF INDONESIA Considering : a) that the State of the Republic of Indonesia, which is based on the Pancasila State Ideology and the 1945 Constitution, is a State based on the rule of law which upholds human dignity and values. Hence, it is compulsory that children as the continuing generation of the nation are entitled to receive a protection guarantee. Such a guarantee is necessary to enable children to grow up and develop in a health and normal way, physically, spiritually, socially and intellectually; b) that Indonesians as a nation and as part of the international community honours, respects and upholds the principles and the objectives of the Charter of the United Nations, and the 1948 Universal Declaration of Human Rights, the 1944 Declaration of Philadelphia, the Constitution of the International Labour Organisation (ILO) and the 1989 Children=s Right Convention; c) that the 58th Session of International Labour Conference on June 26, 1973 adopted the ILO Convention No. 138 concerning the minimum Age for Admission to Employment.. d) that the Convention accords with the will of Indonesian as a nation to continuously uphold and make better efforts to enable children to enjoy their rights are respected in the life of the society, nation and state; e) that based on the considerations mentioned in paragraph a., b., c., and d., it is deemed necessary to ratify the ILO Convention No. 138 concerning Minimum Age for Admission to Employment by the issuance of a law; In view of : 1. Article 5, Paragraph (1); Article 11, Article 20, Para-graph (1); Article 27, Article 31; and Article 34 of the 1945 Constitution; 2. The Decree to the People=s Consultative Assembly Number XVII/MPR/1998 concerning Human Rights; WITH THE APPROVAL OF THE HOUSE OR REPRESENTATIVES OF THE REPUBLIC OF INDONESIA RESOLVES To enact : ACT ON THE RATIFICATION OF THE ILO CONVENTION NO. 138 CONCERNING MINIMUM AGE FOR ADMISSION TO EMPLOYMENT. Article 1 Ratifies the ILO Convention No. 138 concerning Minimum Age for Admission to Employment by making a declaration in accordance with what is stipulated in the Convention=s Article 2 Paragraph Convention=s Article 2 Paragraph (1) whose authentic English text and its Indonesian translation are appended to this ratification as an inseparable part of this Act. Article 2 This Act shall come into force on the day of its promulgation. In order that everyone take cognisance of this, the promulgation of this Act is herewith ordered by publication in the State Gazette of the Republic of Indonesia. Enacted in Jakarta THE PRESIDENT OF THE REPUBLIC OF INDONESIA Promulgated in Jakarta on May, 1999 STATE GAZETTE OF ELUCIDATION OF ACT NO. 20 OF 1999 ON THE RATIFICATION
OF THE ILO CONVENTION NO. 138 1. GENERAL Children as human beings created by God are endowed with fundamental rights since their birth. No other human beings or parties can deprive these rights. Children=s rights have been universally acknowledged as stated in the United Nations Charter, the 1948 Universal Declaration of Human Rights, the 1944 International Labour Organisation (ILO) Declaration of Philadelphia and the 1959 United Nations Declaration of Children=s Rights. Such acknowledgement is also stated in the 1966 United Nations Convention on Economic, Social and Cultural Right and in the 1989 United Nations Convention on Children=s rights. Hence, every country in the world is morally demanded that they honour, uphold and protect children=s rights. A particular form of children=s rights is a protection guarantee for children to grow up and develop in whole, physically and mentally. The protection guarantee of children=s rights is in harmony with the Principles of the Pancasila State Ideology Ideology and the objectives of the State as stated in the Preamble of the 1945 Constitution. As a member of the United Nations and the International Labour Organisation (ILO), Indonesia respects, upholds and makes efforts to implement the decisions made by these International Organisations. The 58th Session of International Labour Conference
in Geneva on June 26, 1973 adopted ILO Convention No. 138 of the
Year 1973 concerning Minimum Age for Admission to Employment, which
is one of the Conventions for protecting children=s rights. This convention requires each Member country of the ILO that ratifies it to specify the minimum age for admission to employment. In accordance with what is required in Article 2 Paragraph (1) of the Convention, to this ratification Indonesia attaches a Declaration stating that the minimum age for admission to employment within the territory of the Republic of Indonesia is 15 (fifteen) years. 2. UNDERLYING IDEAS OF THE ADOPTION OF 1. A minimum age of 14 (fourteen) years is specified in the following Conventions: Convention No. 5 of 1919 concerning the Minimum Age (Industry), Convention No. 7 of 1920 concerning the Minimum Age (Sea), .Convention No. 10 of 1921 concerning the Minimum Age (Agriculture) and Convention No. 33 of 1932 concerning the Minimum Age (Non- Industrial Employment). Furthermore, the following Conventions change the specification of the minimum age to 15 years: Convention (Revised) No. 58 of 1936 concerning the Minimum Age (Sea) Convention (Revised) No. 59 of 1937 concerning the Minimum Age (Industry), Convention (Revised) No. 60 of 1937 concerning the Minimum Age (Non-Industrial Employment), Convention No. 112 of 1959 concerning the Minimum Age (Fisherman) 3. In practice, however, when the above-mentioned Conventions are implemented, various forms of violations against the specified minimum age for admission to employment have been found in many countries. Therefore, the ILO finds it necessary to prepare and ratify another Convention that specifies firmly a minimum age of 15 (fifteen) years for all economic sectors. III. REASONS WHY INDONESIA RATIFIES THE CONVENTION 4. The Pancasila (which literally means the Five Principles) is the philosophy of the nation and the way through which Indonesians as a nation see life. The 1945 Constitution, as the source and basis a of national laws, upholds human dignity and values as implied in the Five Principles of Pancasila, particularly, in the principle of Ajust and civilised humanity@. Therefore, the Indonesian Nation pledges to protec children=s fundamental rights in accordance with the provisions of this Convention. 1.In order to practice the Principles of the Pancasila and to implement the 1945 Constitution, Indonesia has established various laws that govern the protection of children 2.The People=s Consultative Assembly of the Republic
of Indonesia by the Issuance of Decree No. XVII/MPR/1998 concerning
Human Rights has appointed the President and the House of Representatives
to ratify various United Nations instrument related to human rights.
Indonesia has ratified the United Nations Convention on Children=s
Rights on September 30, 1990. In addition, the President of the
Republic of Indonesia has co-signed the decisions of the Social
Development Summit in Copenhagen in 1995. The decisions of the summit
include a decision to push United Nations Members to ratify the
seven ILO Conventions concerning workers= rights, including Convention
No. 138 of 1973 concerning the Minimum Age for Admission to Employment. 3.The International Labour Organisation in its
86th Session of International Labour Conference in Geneva in June
1998 has approved and adopted the ILO Declaration concerning the
Fundamental Principles and Rights at Work. This Declaration states
that every country is required to honour and realise the principles
of the seven ILO Core Conventions. 4.While practising the Principles of the Pancasila
and implementing legislative rules and regulations, however, violations
against the protection of children are still felt. Therefore, the
ratification of the Convention is aimed at eradicating any forms
of child labour practices. The ratification is also aimed at improving
protection and effective legal enforcement to ensure that children
are safe from economic exploitation and jobs that are detrimental
to their safety and health, to their education and to their physical
and mental development. 5. By ratifying this Convention, Indonesia demonstrates its seriousness in furthering the protection of children=s rights as mentioned in the above paragraph 5. This will enhance Indonesia=s image in international forums and strengthen the confidence of the international community towards Indonesia. IV. THE FUNDAMENTALS OF THE CONVENTION 1. The ILO member countries, which ratify this Convention, are obliged to establish a national policy that eradicates child labour practices and increases the minimum age for admission to employment. 2. A minimum age of no less than 18 (eight-teen) years must be specified for admission to any type of employment or work which is likely to jeopardise the health, safety or morals of the young persons who carry it out. Whereas for light work, a minimum age of no less than 16 (sixteen) years must be specified. 3. The ILO member countries which ratify this Convention shall specify a minimum age for admission to employment, a regulation concerning working hours and specify a penalty to ensure its enforcement. 4. The ILO member countries that ratify this Convention are obliged to reports its implementation. V. ARTICLE BY ARTICLE Article 1 Should differences in interpreting the Indonesian translation of this Convention arise, the authentic text of the English version of this Convention applies. Article 2 Sufficiently clear SUPPLEMENT TO THE STATE GAZETTE OF ANNEX TO THE ACT OF THE REPUBLIC OF INDONESIA DECLARATION CONCERNING In accordance with Article 2 paragraph (1) of the Convention, the Government of the Republic of Indonesia, hereby, declares that the minimum age for admission to employment is 15 (fifteen) years old. PRESIDENT, REPUBLIC OF INDONESIA CONCERNING MINIMUM AGE FOR ADMISSION TO EMPLOYMENTMINISTER FOR FOREIGN AFFAIRS REPUBLIC OF INDONESIA
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