3.1. About Forced Labour

Forced labour is work exacted under threat of penalty that the worker has not freely consented to perform. Examples of penalties can include restrictions on workers’ movement, threats of violence or deportation, deposits paid by workers, or delayed wages. Confiscation or holding of workers’ personal documents, such as birth certificates, school certificates or national identity cards may also indicate forced labour, as workers may not be free to leave their jobs and find work elsewhere. Under the Indonesian Constitution, all persons are free to choose their occupation, and entitled to an income, and proper treatment in labour relations. Indonesia has ratified the two core ILO conventions that aim to suppress forced labour: Forced Labour Convention No.29 of 1930 (C29) and Abolition of Forced Labour Convention No. 105 of 1957 (C105).

Resource Guide:

• Combating Forced Labour: A Handbook for Employers and Business, ILO (2008);
• Mini Action Guide: Forced Labour, ITUC (2008); How to Combat Forced Labour and Trafficking: Best Practices Manual for Trade Unions, ITUC (2009).

LEGAL REFERENCES:

• INDONESIAN CONSTITUTION 1945, ARTS. 27(2), 28D(2), 28E(1) [UU DASAR 1945 REPUBLIK INDONESIA, PASAL 27(2), 28D(2), 28E(1)];
• RATIFICATION OF ILO CONVENTION ON FORCED OR COMPULSORY LABOUR (C29), DUTCH COLONIAL STATE GAZETE NO. 261 OF 1933;
• RATIFICATION OF ILO CONVENTION ON THE ABOLITION OF FORCED LABOUR (C105), ACT NO. 19 OF 1999 [PENGESAHAN KONVENSI ILO PENGHAPUSAN KERJA PAKSA (K 105), NO. 19 TAHUN 1999];
• MANPOWER ACT NO. 13 OF 2003, PREAMBLE [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PEMBUKAAN].