On September 25, 2023, President Joko Widodo enacted Presidential Regulation No. 57 of 2023 on Mandatory Reporting of Job Vacancies (“PR 57/2023”). PR 57/2023 became effective as of September 25, 2023.

PR 57/2023 aims at optimizing the placement of workers within the job markets and to reduce the unemployment rate at the national level. PR 57/2023 revokes and replaces Presidential Decree No. 4 of 1980 (“PD 4/1980”) on the same matter.

Unlike PD 4/1980 that required job vacancy reporting in writing, under PR 57/2023 the reporting shall be conducted within the manpower services related platform, called the Manpower Information System, that is conveniently accessible via the internet for the purpose of reporting of job vacancies.

In essence, PR 57/2023 provides provisions regarding employers' obligation to report job vacancies in Manpower Information System and the sanction in the event of non-compliance.

We set below several key points related to the above matters regulated under PR 57/2023.

♦ Mandatory Reporting of Job Vacancies

The primary focus of PR 57/2023 is the mandatory reporting of job vacancies by employers to the Minister of Manpower (the “MOM”) through the Manpower Information System. For this purpose, PR 57/2023 defines an employer as any individual, company, legal entity, or any other body that employs any employee and pays salary or any other compensation (to such employee) in any form.

This reporting obligation extends to both domestic and international job vacancies. Specifically for international job vacancies, it shall be reported through integration with the Manpower Information System and in compliance with laws and regulations on the placement and protection of migrant workers.

The mandatory job reporting mechanism starts with the employers' report of the job vacancies to the MOM through the Manpower Information System. Kindly note that this reporting is free of charge. Following this report, the officials at the MOM shall verify such report. Once verified, such job vacancies will become openly accessible to the job seekers, employers, and the Government. Kindly note that once the relevant job position has been filled, it is also obligatory for employers to notify the MOM through the Manpower Information System.

It should also be noted that further details on the procedure for the reporting of domestic job vacancies and the procedure for the reporting of job vacancies being filled shall be further regulated under an MOM regulation.

In this regard, PR 57/2023 provides the following definitions on job seekers:

  • Members of the workforce who have never worked and who are trying to secure a job;
  • Members of the workforce who have previously worked but who for some reason have discontinued working or been dismissed and who are trying to secure a job; or
  • Members of the workforce who are working or who already have a job but who for some reason are still trying to find additional employment.

♦ Utilization of Job Vacancies Information

The job vacancies information that has been reported and submitted to the Manpower Information System shall be publicly-accessible information and available at no cost for jobseekers, employers, and the Government. Based on PR 57/2023, the reporting of domestic job vacancies shall include the following information: Employers' identities; Titles of the position and the required number of employees; Positions' requirements, including information such as age, gender, education, skills, experiences, salary, domicile, and other relevant requirements.

It is worth mentioning that such job vacancies' information may be utilized for various purposes by relevant parties, including the employment of suitable talents, the creation of employment plans, job placement plan, job market analysis, training demand analysis, unemployment benefits program and so forth.

♦ Awards and Sanctions

Under PR 57/2023, the MOM, relevant governors, or mayors/regents may present awards in the form of plaques or other types of awards to employers who report their job vacancies' information. Conversely, the non-compliance with the mandatory domestic job vacancies reporting and the mandatory job position fulfilled reporting will result in the imposition of administrative sanctions in the form of written warnings.

In this regard, PR 57/2023 does not provide any details relating to either the granting of awards or the imposition of administrative sanctions. Instead, PR 57/2023 provides that both details shall be further regulated under an MOM Regulation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.