On May 28, Indonesia’s Minister of Manpower (Menaker), Yassierli, issued Ministerial Circular Letter (SE Menaker) No. M/6/HK.04/V/2025 on the Prohibition of Discrimination in the Employment Recruitment Process. This move offers fresh air for job seekers in Indonesia, many of whom have long been hindered by minimum and maximum age restrictions. “This SE is intended to reaffirm the government’s commitment to the principle of non-discrimination, ensuring that the recruitment process is conducted fairly and objectively,” said Minister Yassierli during a press conference at the Ministry of Manpower of the Republic of Indonesia (Kemnaker RI).
Through SE Menaker No. M/6/HK.04/V/2025, the government aims to create a fair, inclusive, and non-discriminatory employment environment that provides equal opportunities for all Indonesian citizens. This aligns with the mandate from Article 27(2) of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945), which guarantees every citizen the right to work and to a decent standard of living. However, regarding age restrictions, Minister Yassierli noted that certain exceptions may still apply. First, when the nature or characteristics of a job clearly impact an individual’s ability to perform the required duties. Second, any age-related criteria must not result in the loss or reduction of employment opportunities. The prohibition on age discrimination in recruitment also extends to persons with disabilities.
Nailul Huda, Director of Economics at the Center of Economics and Law Studies (Celios), has remarked that the government’s plan to abolish employment age limits could be a viable solution amid the rising number of layoffs (PHK) in Indonesia. This measure would particularly benefit workers in their 30s, 40s, or older—those who often face increasing economic demands due to family responsibilities. By removing such age restrictions, broader employment opportunities could become accessible to both adults and the elderly.
However, the issuance of SE Menaker No. M/6/HK.04/V/2025 has stirred debate among legal scholars and practitioners, especially those focusing on labor law. The controversy arises from its legal standing: under Indonesia’s legislative hierarchy, as established by Law No. 12 of 2011 on the Establishment of Laws and Regulations (amended by Law No. 15 of 2019 and Law No. 13 of 2022). Ministerial Circulars are not explicitly recognized as part of the formal legal hierarchy. According to the amended Law No. 12 of 2011, Indonesia’s regulatory hierarchy includes: 1) UUD NRI 1945; 2) Decree of the People’s Consultative Assembly; 3) Laws/Government Regulations in Lieu of Laws; 4) Government Regulations; 5) Regulation of the President; 6) Provincial Regulations; 7) Regency/City Regulation. This hierarchy indicates that the Constitution stands as the highest legal authority, and all regulations must align with it. Lower regulations cannot contradict higher ones.
Yet, a Ministerial Circular Letter is not considered a binding regulation that governs the public (regeling). Instead, it is classified as an internal policy instrument—an administrative decision (beschikking) rooted in executive discretion (bestuur). Legally, it does not contain enforceable norms or sanctions and is only binding on its specific addressees. As clarified in Regulation of the Minister of State Apparatus Empowerment and Bureaucratic Reform No. 80 of 2021, such circulars are categorized as “regulatory official documents” (naskah dinas pengaturan) and fall under the umbrella of policy rules, not laws.
As a law student, I view the issuance of SE Menaker No. M/6/HK.04/V/2025 as a positive step forward for Indonesian citizens, albeit one that should have been implemented long ago. Although Article 5 of Law No. 13 of 2003 on Employment (amended by Law No. 11 of 2020 on Job Creation, then by Government Regulation in Lieu of Law No. 2 of 2022, and subsequently transformed into Law No. 6 of 2023) prohibits age discrimination in employment, this legal safeguard has proven insufficient in practice.
This right is further affirmed in international and national legal frameworks, including Articles 6 and 7 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), as well as Articles 27(2), 28D(2), and 28H(2) of the UUD NRI 1945. These constitutional rights are further reinforced in Articles 38(1) to 38(4) of Law No. 39 of 1999 on Human Rights. Collectively, these provisions guarantee the right to work, equal opportunity, legal protection, and fair treatment for all individuals.
Therefore, there must be meaningful follow-up to the circular’s issuance, particularly with regard to its influence on corporations and job providers. The legal compliance of these stakeholders is crucial to dismantling ageist practices in Indonesia’s job market. Furthermore, considering the scarcity of job vacancies in the country, the government must take bold steps to expand employment opportunities while investing in the enhancement of Indonesia’s human resources.
Civil society also bears a responsibility to perform its checks and balances role by actively monitoring the Ministry of Manpower’s discourse and subsequent actions. Darmawansyah, Director General of Manpower Placement and Employment Expansion (Binapenta & PKK) at the Ministry of Manpower, has confirmed two key strategies:
- revising Law No. 13 of 2003, with studies currently underway to support its realization;
- drafting implementing regulations derived from the newly enacted replacement law.
All in all, this initiative raises a critical question: Will there be real, enforceable measures to eliminate age discrimination in recruitment, or will this remain mere rhetoric?
Another related and often overlooked concern is the common job requirement of being “attractive in appearance.” Should this narrative persist? What are its boundaries? Or does it, too, perpetuate bias and hinder equal access to employment?
