Indonesia Update: New Regulation Governs Selection Process for Labor Court Ad Hoc Judges

Ad hoc judges at the Industrial Relations Court (Labor Court) in Indonesia are appointed by Presidential Decree on the recommendation of the Chief Justice of the Supreme Court. For this purpose, the Chief Justice of the Supreme Court obtains the names of candidates from the Minister of Manpower (“MOM”) through a selection process.

On October 11, 2022, MOM Regulation No.14 Year 2022 regarding Procedures for Proposing and the Administrative Selection of Ad Hoc Judges for the Labor Court (“MOM 14”) was enacted. MOM 14 revokes the previous regulation on this matter, MOM Regulation No. PER.01/MEN/XII/2004.

According to MOM 14, the MOM is required to form a selection committee to verify that candidates for ad hoc judges at the Labor Court fulfil all the administrative requirements, which include:

• general requirements; and
• required documents including recommendations from a labor union or chamber of commerce.

In general, candidates must meet the following requirements:

• Indonesian citizen;
• believe in God;
• be loyal to the Indonesian state philosophy, Pancasila, and the 1945 Constitution;
• be at least 30 years old;
• be in good physical health, as evidenced by a doctor’s statement;
• be authoritative, honest, fair, and of impeccable character;
• have at least a bachelor’s degree; and
• possess at least five years of experience in the field of industrial relations.

MOM 14 is silent on the requirement that candidates must graduate with a reputable law degree.

According to MOM 14, the selection committee is responsible for evaluating candidates on the following criteria:

• educational background;
• experience;
• published papers; and
• organization recommendations.

The appointed selection committee is obligated to verify and submit a proposed list of candidates for ad hoc judges at the Labor Court to the MOM. The MOM will then take the list and submit the final list of candidates to the Chief Justice of the Supreme Court.

Key takeaways

Becoming an ad hoc judge at the Labor Court does not require a formal law degree. MOM 14 relies on a lengthy administrative selection and verification process to assess the ability of prospective ad hoc judges, with a focus on experience and organizational recommendations.

It remains to be seen whether foreign chambers of commerce will participate by proposing candidates.

By SSEK, Indonesia, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact indonesia@transatlanticlaw.com

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