Indonesia New Regulation on Compulsory Uses of Bahasa

On 30 September 2019, the President of Republic Indonesia has issued the long awaited Presidential Regulation No. 63 of 2019 on the Utilization of Indonesian Language (“PR 63/19”) as the implementing regulation of Law No. 24 of 2009 on National Flag, Language, Emblem and National Anthem (“Law 24/09”) (collectively referred as the “Language Laws and Regulations”).

Main Keys of Language Laws and Regulations: We note some important stipulations on the Language Laws and Regulations as follows:

Compulsory Uses of Bahasa: We note that the Art.26-39 of Law 24/09 requires to use Bahasa within the following contexts:

  1. Laws and regulations; 
  2. Official state documents;
  3. Official speeches of government officials e.g. President, Vice President, Ministers, House of Representatives (DPR), etc.;
  4. Communications within educational institutions;
  5. Public administration services
  6. Memoranda of Understanding (“MoU”) or agreements;
  7. International or national fora which are held in Indonesia;
  8. Official communications within working environments;
  9. Reports to the government institutions;
  10. Writing and publication of scientific papers within Indonesia;
  11. Naming of various objects (such as geographical sites, buildings, streets, etc.) which are established or owned by Indonesia nationals and legal entities;
  12. Information relating to goods or services;
  13. Public signs, directions, public facilities, banners and other information media; and
  14. Mass media information.

MoU(s) and Agreement(s): We further note that the PR 63/19 designate all MoUs and agreements which Indonesia institutions (both government and private entities) and individuals are parties to be in Bahasa.

If the MoUs or agreements involve foreign parties, then such MoUs and agreements would need to be executed in bilingual form (consisting of the Bahasa and agreed foreign language and/or English) (Art. 26 (2) PR 63/19).

Official Communications within Working Environments and Formal Fora: We further note that PR 63/19 require all communications within the working environments and any formal fora which are held in Indonesia to be in Bahasa (Art. 27 and 28 PR 63/19).

The PR 63/19 further allows the use of translators and translations for any communications which are undertaken within the working environments of both the government and the private sector and which involve international organizations or institutions of foreign countries (Art. 29 PR 63/19).

Impact of Non-compliance: We note that the Language Laws and Regulations have not yet stipulated any sanctions for violations of the compulsory to use Bahasa. However, despite the current absence of clear sanctions, there is a latent risk of unpredictable outcome in court proceeding when being sued due to the terms and language used. Therefore, please be advised to be in compliance as much as practicable to lessen such risk.

 

The article above was prepared by Marshall S. Situmorang (Partner) and Aniendita Rahmawati (Associate).

Disclaimer: The information herein is of general nature and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. Specific legal advice should be sought by interested parties to address their particular circumstances. For more information, please contact us at mail@nusantaralegal.com.