Guidelines for Employees Background Check in Indonesia

Companies, need workers with experience and proven practices, a good track record and is assumed not to bring trouble to the company later on. To find it, the best way to do is through a Background Check.

However, the background check itself must be conducted in accordance or not in violation of laws and regulations pertaining thereto — including for the personal data privacy.

Indonesia basically–although not specifically–has enacted various laws relating to data privacy in a number of areas.

Article 26 point (1) of Law No. 11 of 2008, stated that:

“Unless otherwise stipulated by laws and regulations, the use of any information through the electronic media regarding personal data should be made with the approval of the concerned person.”

Also Article 28G of the 1945 Constitution stated that:

“Each person shall have the right to protection of their personal selves, families, respect, dignity and possessions under their control and shall have the right to security and protection from threat of fear for doing or for not doing something which constitutes a human right.”

A written consent of the employee or candidate is necessary if the background check will involve personal data in an electronic format. To avoid complication for accusation of violating personal privacy. although there are no specific sanction stipulated in the Law No. 11 of 2008, the violation may brought to the claim of personal losses and unlawful actions. This consent must be in the Indonesian language or in a bilingual format. Such written consents may be in an electronic format.

Based on the Indonesian Civil Code (KUHPerdata), usually in Indonesia the written consent are put into an agreement, may be in form of unilateral employee consents, collection, retention, disclosure and use of the employee’s personal data or other confidential information.

In short, with the written consent, the employers may request additional data and do verification such as Criminal Records, Education Records and Employment Records.