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MINISTER OF MANPOWER OF THE REPUBLIC OF INDONESIA
REGULATION OF MINISTER OF MANPOWER OF THE REPUBLIC OF
INDONESIA
NUMBER 10 OF 2016
CONCERNING
THE MECHANISM OF RETURN TO WORK PROGRAM AS WELL AS
PROMOTIONAL ACTIVITIES AND PREVENTIVE ACTIONS TO
OCCUPATIONAL ACCIDENT AND OCCUPATIONAL DISEASE
BY THE GRACE OF ALMIGHTY GOD
MINISTER OF MANPOWER OF THE REPUBLIC OF INDONESIA,
Considering : whereas in order to implement the provision
of Article 49 paragraph (2) and Article 50
paragraph (2) of Government Regulation
Number 44 of 2015 concerning the
Administration of Occupational Accident
Security and Death Security Programs, it is
necessary to stipulate the Regulation of
Minister of Manpower concerning the
Mechanism of Reemployment Program as well
as Promotional Activities and Preventive
Actions to Occupational Accident and
Occupational Disease;
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In view of : 1. Law Number 1 of 1970 concerning the Work
Safety (State Gazette of the Republic of
Indonesia of 1970 Number 1, Supplement
to the State Gazette of the Republic of
Indonesia Number 1918);
2. Law Number 13 of 2003 concerning the
Employment (State Gazette of the
Republic of Indonesia of 2003 Number 39,
Supplement to the State Gazette of the
Republic of Indonesia Number 4279);
3. Law Number 40 of 2004 concerning the
National Social Security Program (State
Gazette of the Republic of Indonesia of
2004 Number 150, Supplement to the State
Gazette of the Republic of Indonesia
Number 4456);
4. Law Number 24 of 2011 concerning the
Social Security Administrative Body
(State Gazette of the Republic of
Indonesia of 2011 Number 166, Supplement
to the State Gazette of the Republic of
Indonesia Number 5256);
5. Government Regulation Number 44 of 2015
concerning the Administration of
Occupational Accident Security and Death
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Security Programs (State Gazette of the
Republic of Indonesia of 2015 Number
154, Supplement to the State Gazette of
the Republic of Indonesia Number 5714);
6. Regulation of Minister of Manpower
Number 8 of 2015 concerning the
Mechanism of Preparing Bill Draft,
Government Regulation Draft, and
Presidential Regulation Draft as well as
Ministerial Regulation Draft in the
Ministry of Manpower (State Gazette of
the Republic of Indonesia of 2015 Number
411);
DECIDED:
To stipulate : REGULATION OF MINISTER OF MANPOWER
CONCERNING THE MECHANISM OF RETURN TO
WORK PROGRAM AS WELL AS PROMOTIONAL
ACTIVITIES AND PREVENTIVE ACTIONS TO
OCCUPATIONAL ACCIDENT AND OCCUPATIONAL
DISEASE.
SECTION I
GENERAL PROVISION
Article 1
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In this Ministerial Regulation, the
meaning of:
1. Occupational Accident Security,
hereinafter abbreviated as JKK is a
benefit in form of cash and/or
healthcare provided to the
participant experiencing
occupational accident or suffering
from occupational disease.
2. Occupational Accident is an
accident occurred within employment
relationship, including accident
occurred during the trip from one’s
house to the workplace and vice
versa and disease caused by the
work environment.
3. Occupational Disease is a disease
caused by the work and/or work
environment.
4. Return to Work Program, hereinafter
referred to as Return to Work
Program, is a series of mechanism
of Occupational Accident or
Occupational Disease case
management through medical service,
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rehabilitation and training in
order for the worker to return to
work.
5. Medical Service Facility is a means
used to organize medical service
and rehabilitation performed by
Government, regional government
and/or private.
6. Social Security Administrative Body
on Employment, hereinafter referred
to as BPJS Employment, is a public
corporation established under Law
Number 24 of 2011 concerning the
Social Security Administrative
Body.
7. BPJS Employment Trauma Center is a
medical service facility in form of
clinic, community health center,
medical office, joint doctors in
practice and hospital in
cooperation with BPJS Employment in
providing medical service to
Occupational Accident and/or
Occupational Disease.
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8. Counsel Doctor is a doctor
appointed by Minister to give its
medical consideration in
determining the severity of
disability caused by Occupational
Accident and/or Occupational
Disease, determining the permanent
total disability, as well as
providing recommendation on Return
to Work Program.
9. Occupational Accident and
Occupational Disease Case Manager,
hereinafter referred to as Case
Manager, is a competent BPJS
Employment service staff and
assigned to monitor, counsel the
worker and coordinate with
concerned parties in the
implementation of Return to Work
Program.
10. Promotional Activities are the
efforts conducted to improve the
occupational safety and health in
order to prevent Occupational
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Accident and/or Occupational
Disease.
11. Preventive Actions are the efforts
conducted independently or
collectively to prevent
Occupational Accident and/or
Occupational Disease.
12. Participant is anybody, including
expatriate working at least for 6
(six) months in Indonesia, and has
paid contribution.
13. Worker is anybody employed by
receiving wage or other forms of
payoff.
14. Employer is an individual person,
businessman, enterprise, or other
entities employing workers or state
organizer employing civil servant
by paying salary, wage, or other
forms of payoff.
15. Minister is the Minister
administering governmental affairs
in employment.
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SECTION II
RETURN TO WORK PROGRAM
Article 2
Any Worker suffering from Occupational
Accident and/or Occupational Disease
shall be entitled to Return to Work
Program benefit.
Article 3
(1) The Return to Work Program benefit
as meant in Article 2 shall be
provided pursuant to recommendation
by Counsel Doctor.
(2) Recommendation by Counsel Doctor as
meant in paragraph (1) may be
provided:
a. During the process of
medication and treatment; or
b. Upon the Worker declared to be
healed with disability eligible
for Return to Work Program.
Part One
Benefit
Article 4
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(1) The Return to Work Program benefit
as meant in Article 2 shall be
provided comprehensively from
medical service, rehabilitation,
and work training.
(2) The benefit provided as meant in
paragraph (1) shall be made by
qualified Medical Service Facility
and/or BPJS Employment Trauma
Center, rehabilitation facility,
and work training facility owned by
Government, regional government
and/or private and in cooperation
with BPJS Employment.
Part Two
Requirements
Article 5
Worker suffering from Occupational
Accident and/or Occupational Disease may
be entitled to Return to Work Program
benefit with the following requirements:
a. Registered as BPJS Employment
Participant in JKK program;
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b. Employer is paying contribution
orderly;
c. Suffering from Occupational
Accident or Occupational Disease
resulting in disability;
d. Recommendation by Counsel Doctor
that the Worker shall be
facilitated in Return to Work
Program; and
e. Employer and Worker are willing to
sign agreement letter to
participate in Return to Work
Program.
Part Three
Mechanism of Administration
Article 6
(1) Employer shall be required to
report Occupational Accident and/or
Occupational Disease as stage I
report to BPJS Employment and the
local agency administering
governmental affairs in employment,
within 2 x 24 hours since the
occurrence of Occupational Accident
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or since the diagnosis of
Occupational Disease by using form
as determined.
(2) Report as meant in paragraph (1)
may be made in writing or through
electronic media by using form as
determined by BPJS Employment.
(3) Based on the report as meant in
paragraph (1), BPJS Employment Case
Manager shall conduct verification
in order to consider the granting
of Return to Work Program pursuant
to the pre-determined requirements
in coordination with Counsel
Doctor.
(4) Based on the verification result
and supporting documentations from
BPJS Employment, the Counsel Doctor
shall provide its recommendation to
the Participant to participate in
Return to Work Program.
Article 7
(1) Based on the recommendation by
Counsel Doctor as meant in Article
6 paragraph (4), BPJS Employment
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Case Manager shall counsel the
Participant.
(2) The counseling as meant in
paragraph (1) shall be conducted
during the process of medical
service, rehabilitation, work
training, and follow up on
statement letter of Participant
placement in Return to Work
Program.
Article 8
(1) So long Participant participating
in Return to Work Program, the alms
for temporary disability to work
shall be paid by BPJS Employment
until the Participant completed the
work training pursuant to
regulations of laws.
(2) BPJS Employment Case Manager shall
monitor and evaluate the level of
success of Return to Work Program.
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Article 9
(1) In organizing Return to Work
Program, BPJS Employment shall
cooperate with:
a. Medical Service facility;
b. Rehabilitation service facility;
c. Training facility.
(2) Cooperation as meant in paragraph
(1) letter a and letter b shall be
performed pursuant to regulations
of laws.
(3) Cooperation as meant in paragraph
(1) letter c shall be performed by
BPJS Employment with:
a. Work training institution run by
Government, regional government
and/or private;
b. Occupational safety and health
institution;
(4) Institution as meant in paragraph
(3) shall fulfill requirements
pursuant to regulations of laws.
(5) The type of work training organized
by institution as meant in
paragraph (3) shall be made in
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accordance with the needs,
interest, type and severity of
disability of each Participant.
(6) Upon the Participant completing
Return to Work Program, the
training institution as meant in
paragraph (3) shall issue
confirmation letter addressed to
directors of company for
consideration in reassuming the
Participant.
Article 10
(1) BPJS Employment shall monitor and
evaluate the implementation of
Return to Work Program.
(2) BPJS Employment shall conduct
evaluation post-placement of
Participant at the workplace no
more than 3 (three) months in order
to realize the level of success of
Return to Work Program.
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SECTION III
PROMOTIONAL ACTIVITIES AND PREVENTIVE
ACTIONS TO
OCCUPATIONAL ACCIDENT AND/OR
OCCUPATIONAL DISEASE
Part One
Promotional Activities and Preventive
Actions
Article 11
The Promotional Activities and
Preventive Actions in preventing the
occurrence of Occupational Accident
and/or Occupational Disease shall be the
responsibility of Employer pursuant to
the regulations of laws.
Article 12
(1) Employer in performing Promotional
Activities and Preventive Actions
as meant in Article 11 may
cooperate with BPJS Employment in
consideration of national
occupational safety and health
policy.
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(2) Cooperation as meant in paragraph
(1) may be made in form of
memorandum of understanding or
other form as mutually agreed.
Article 13
(1) Other than cooperation as meant in
Article 12, BPJS Employment in
performing Promotional Activities
and Preventive Actions may
cooperate with the following
institutions:
a. Occupational safety and health
office;
b. Occupational safety and health
service company;
c. Occupational safety and health
professional institution; and/
or
d. Other related institutions
pursuant to regulations of
laws.
(2) Cooperation as meant in paragraph
(1) may be made in form of
memorandum of understanding or
other form as mutually agreed.
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(3) Institution as meant in paragraph
(1) shall fulfill requirements
pursuant to regulations of laws.
Article 14
(1) Promotional Activities as meant in
Article 12 and Article 13 shall
consist of:
a. Safety riding campaign in
preventing the occurrence of
Occupational Accident on road;
b. Clean and healthy life behavior
promotional and campaign;
c. Occupational safety and health
guidance;
d. Occupational safety and health
culture improvement; and/or
e. Worker’s nutrition improvement.
(2) Preventive Actions as meant in
Article 12 and Article 13 shall
consist of:
a. Participant’s medical check-up;
b. Work environment inspection;
c. Provision of self-protection
tools and occupational safety
and health equipment;
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d. Provision of means of
communication, information and
education in preventing
Occupational Accident and/or
Occupational Disease; and/or
e. Safety riding training and
implementation.
Part Two
Implementation of Promotional Activities
and Preventive Actions
Article 15
In order to be eligible for Promotional
Activities and Preventive Actions,
Employer as meant in Article 12 shall
fulfill the following requirements:
a. Paying contribution orderly:
b. Has been participated in BPJS
Employment minimum for 3 (three)
years; and
c. Has registered all of its workers
in social security program in
accordance with participation
staging.
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Article 16
BPJS Employment shall monitor and
evaluate the Promotional Activities and
Preventive Actions implemented by
Employer as meant in Article 12 and/or
institution as meant in Article 13.
Part Three
Application for Promotional Activities
and Preventive Actions
Article 17
(1) Employer as meant in Article 12 and
institution as meant in Article 13
shall apply for proposed
Promotional Activities and
Preventive Actions to BPJS
Employment pursuant to cooperation
as agreed.
(2) Based on the proposal as meant in
paragraph (1), BPJS Employment
shall conduct verification to
decide the type of Promotional
Activities and Preventive Actions
to be provided pursuant to the
requirements.
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(3) The proposal as meant in paragraph
(1) may be made in writing or
through electronic media using the
form as specified by BPJS
Employment.
(4) Mechanism of provision and
implementation of Promotional
Activities and Preventive Actions
shall be regulated by BPJS
Employment.
SECTION IV
REPORTING
Article 18
Employer as meant in Article 12 and
institution as meant in Article 13 shall
report the implementation of Promotional
Activities and Preventive Actions to
BPJS Employment no later than 7 (seven)
working days upon the completion of such
activities.
Article 19
(1) BPJS Employment shall report the
implementation of Return to Work
Program as well as Promotional
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Activities and Preventive Actions
to Occupational Accident and/or
Occupational Disease to the
Minister semi-annually.
(2) Minister or official appointed to
evaluate the implementation of
program as meant in paragraph (1)
shall be at least once in a year.
SECTION V
CLOSING PROVISION
Article 20
This Ministerial Regulation shall be
effective on enactment date.
For public cognizance, it shall be
ordered that the enactment of this
Ministerial Regulation shall be
announced in the State Gazette of the
Republic of Indonesia.
Stipulated in Jakarta
On 10 March 2016
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MINISTER OF MANPOWER OF THE
REPUBLIC OF INDONESIA,
Signed
M. HANIF DHAKIRI
Enacted in Jakarta
On 10 March 2016
DIRECTOR GENERAL OF REGULATIONS OF LAWS
MINISTRY OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF
INDONESIA,
Signed
WIDODO EKATJAHJANA
STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2016 NUMBER
387
COUNTERPART WITH THE SAME CONTENT
HEAD OF LEGAL BUREAU,
(sealed and signed)
BUDIMAN, SH
NIP. 19600324 198903 1 001
This document is translated from Indonesian into English by Renati Adriani
(Authorized/Sworn Translator by the Greater Jakarta Governor’s Certificate of Appointment #SK.GUB.KDKI.No. 1820/1999)
