Minister of Manpower Regulation Number 11 of 2026 Tightens Labor Inspection

Introduction

On 29 June 2026, the Ministry of Manpower issued Minister of Manpower Regulation Number 11 of 2026 on Labor Inspection Procedures (“MOM Regulation 11/2026”), which took effect on 3 July 2026.

MOM Regulation 11/2026 revokes Minister of Manpower Regulation Number 33 of 2016 on Labor Inspection Procedures (“MOM Regulation 33/2016”), as amended by Minister of Manpower Regulation Number 1 of 2020 on the Amendment to Minister of Manpower Regulation Number 33 of 2016 on Labor Inspection Procedures (“MOM Regulation 1/2020”), as these regulations were considered no longer consistent with developments in labor law and current organizational needs. MOM Regulation 11/2026 refines the entire labor inspection process, covering guidance, inspection, testing, and judicial enforcement, with the aim of ensuring optimal protection for workers while maintaining business continuity.

In general, MOM Regulation 11/2026 reinforces the role of Labor Inspectors and modernizes the labor inspection system through standardized procedures, digitalization, and strengthened law enforcement to improve employer compliance and worker protection. The Regulation establishes a phased labor inspection mechanism consisting of five principal activities: guidance, inspection, testing, law enforcement, and labor inspection system development. Where violations are identified during an inspection, the Labor Inspector must issue Inspection Memorandum I, granting a maximum compliance period of 30 (thirty) working days. If the employer fails to comply within the prescribed period, Inspection Memorandum II is issued as a final warning with a maximum compliance period of 14 (fourteen) working days. Where violations remain unresolved, the Labor Inspector must report the inspection results to the Head of the Labor Inspection Work Unit for further administrative enforcement and/or judicial enforcement by Civil Servant Investigators (Penyidik Pegawai Negeri Sipil – “PPNS”) in the field of labor. However, for certain serious violations, such as occupational accidents resulting in death or disability or violations constituting criminal offences, judicial enforcement may be initiated immediately without first undertaking guidance or issuing Inspection Memoranda.

Comparison

The following table compares MOM Regulation 11/2026 with MOM Regulation 33/2016, as amended by MOM Regulation 1/2020:

Key Provisions

Expanded Authority of Labor Inspectors

Labor inspection is conducted to ensure compliance with Labor Standards, which encompass all statutory labor requirements, including employment norms and Occupational Safety and Health (“OSH”) standards.

To strengthen the effectiveness of labor inspection, Article 4 expands the authority of Labor Inspectors by empowering them to:

·      enter companies, workplaces, or locations suspected of carrying out work, with or without being accompanied by the employer or company management;

·      summon relevant parties to obtain data, information, supporting evidence, and/or statements concerning alleged violations of Labor Standards;

·      take necessary enforcement measures; and/or

·      perform other actions in accordance with the applicable laws and regulations.

Furthermore, under Article 7 paragraph (1), where non-compliance is identified, Labor Inspectors are authorized to take specific measures, including:

·      sealing work equipment;

·      prohibiting or suspending work processes;

·      suspending worker placement activities;

·      removing child workers from the workplace; and/or

·      removing foreign nationals employed in violation of the applicable laws and regulations from the worksite and/or workplace.

In addition, pursuant to Article 7 paragraph (3), where an employer obstructs the inspection process, Labor Inspectors are entitled to request assistance from the Indonesian National Police.

Stages of Labor Inspection and Exceptions for Immediate Judicial Enforcement

Pursuant to Article 8, labor inspection is conducted through three stages:

·      preventive and educational measures (guidance);

·      non-judicial enforcement (Inspection Memoranda and/or workers’ rights determinations); and

·      judicial enforcement (criminal investigation).

However, Article 9 authorizes Labor Inspectors to initiate judicial enforcement immediately without prior guidance or the issuance of Inspection Memoranda where serious violations are identified, including:

·      occupational accidents resulting in death;

·      occupational accidents causing loss of bodily function, partial permanent anatomical disability, or total permanent disability;

·      unlawful employment of children in violation of statutory requirements;

·      employment of children in the worst forms of child labor; or

·      other Labor Standards violations constituting criminal offences, in coordination with investigators of the Indonesian National Police.

Strict Time Limits for Compliance with Inspection Memoranda

Pursuant to Article 27 paragraph (7), where non-compliance is identified, the Labor Inspector must issue Inspection Memorandum I, which must be implemented by the employer together with submission of evidence of compliance within a maximum of 30 (thirty) working days.

Where the employer fails to comply within the prescribed period, Inspection Memorandum II shall be issued as the final warning, with a shorter compliance period of 14 (fourteen) working days.

If Inspection Memorandum II is not implemented, the Labor Inspector conducting the inspection must report the matter to the Head of the Labor Inspection Work Unit.

Occupational Safety and Health (OSH)

Pursuant to Article 45 paragraphs (4) and (5), where testing of compliance with Occupational Safety and Health (OSH) standards indicates that the applicable requirements have not been satisfied, the Labor Inspector shall prohibit or suspend the relevant work process.

Such action must be documented in an official report signed by both the Labor Inspector and the employer or company management.

Thereafter, pursuant to Article 45 paragraph (6), work may resume only after the company has fulfilled the applicable OSH requirements, as evidenced by the issuance of an OSH Compliance Certificate.

Self-Assessment Inspection Through SIAPkerja

To broaden the scope of labor inspection, Article 49 facilitates the implementation of Labor Standards Self-Assessments through the SIAPkerja website as part of the development of the labor inspection system.

The applicable requirements are as follows:

·      Labor Standards Self-Assessments may be conducted by companies through the SIAPkerja website;

·      the self-assessment must be completed by the employer or company management together with workers’ representatives using an electronic checklist;

·      the results of the self-assessment must be verified by a Labor Inspector;

·      the verification results must be reported to the Head of the Labor Inspection Work Unit;

·      self-assessment inspections do not replace the statutory authority of Labor Inspectors to conduct direct inspections; and

·      the verification results must be documented in a Verification Report using Form 28 as provided in the Annex to MOM Regulation 11/2026.

Transitional Provisions

Article 52 provides that all Inspection Memoranda, workers’ rights determination letters, prohibition orders, and OSH Compliance Certificates issued under the previous regulation shall remain legally valid until the expiry of their respective validity periods.

Accordingly, employers that are currently implementing corrective actions under previously issued Inspection Memoranda remain obligated to complete those corrective measures within the applicable deadlines.

Furthermore, Article 54 provides that specialist Labor Inspectors in the field of Occupational Safety and Health, as well as the issuance of OSH Compliance Certificates and OSH Non-Compliance Certificates, must be adjusted to conform with the procedures and standardized formats prescribed under MOM Regulation 11/2026.

Closing

MOM Regulation 11/2026 strengthens Indonesia’s labor inspection system by expanding the authority of Labor Inspectors, establishing more structured inspection procedures, and introducing clearer timelines for each stage of law enforcement. The Regulation also introduces direct judicial enforcement mechanisms for certain serious violations, strengthens oversight of Occupational Safety and Health (OSH) standards, and accommodates self-assessment inspections through the SIAPkerja platform.

For businesses, MOM Regulation 11/2026 requires a higher level of compliance with Labor Standards, particularly in responding to Inspection Memoranda, fulfilling OSH requirements, and ensuring that all operational activities comply with the applicable legal provisions. At the same time, the transitional provisions provide legal certainty by maintaining the validity of all inspection instruments issued under the previous regulations until the expiry of their respective validity periods.