There is no single specific regulation in Indonesia that regulates mental health in the workplace. However, a greater obligation to ensure a safe workplace applies to employers in Indonesia and regulations such as Minister of Manpower Regulation Number 5 of 2018 regarding Occupational Health and Safety in the Work Environment regulate the measurement and control of psychological factors in the workplace.

Mental health conditions do not have a specific statutory leave category. Pursuant to Indonesian Manpower Law, employees may take paid leave if supported by a medical note from a doctor and the time frame for such leave is not expressly stipulated. However, an employer has the right to terminate an employment relationship if an employee fails to come in for work based on a medical note from a doctor for a consecutive period of 12 months.

No express regulation specifically governs that an employer may require an employee to leave the workplace due to mental health issues. However, employers do have the obligation to ensure a safe working environment, and disruptions by an employee which may endanger others may be handled accordingly. It is advisable that procedural manner to handle these issues is regulated in the company's Company Regulation or Collective Labor Agreement.

Regulations are silent on the rights of employers to request employees specifically suspected of having mental health issues to undergo medical examination. However, in light of implementing occupational safety, employers may impose pre-work health examinations, periodic health examinations and special health examinations based on Minister of Manpower and Transmigration Regulation No. PER.02/MEN/1980 of 1980. Workers who have certain allegations regarding their health disorders have to undergo special examination accordingly to their needs. Special health exminations are also conducted if there are, among others, complaints from workers or observations of occupational safety and health supervisors.

Every employer is obliged to register their employees into two social security programs regarding healthcare (BPJS Kesehatan) and manpower (BPJS Ketenagakerjaan). Every month the employer and each employee make contributions to the respective accounts of the employees as BPJS participants.

Treatment costs for mental health conditions in Indonesia are generally covered under BPJS Kesehatan paid for through the monthly contributions as stipulated above . In turn, the employee, as a BPJS participant, receives access to consultation, inpatient care, medical rehabilitation, and prescribed medication, on the basis that mental illness does not appear on the exclusion list set out in Presidential Regulation No. 82/2018 on Health Insurance and its subsequent amendments.

Yes, based on Presidential Regulation No. 7 of 2019 Occupational Diseases, mental health issues which arises out of the workplace including (1) post-traumatic stress disorder and (2) other mental and behavioral disorders are classified as ocuppational illneses. To qualify, a treating doctor must establish that the psychological condition was caused by, or has a demonstrable direct link, to the employee's work or work environment. Employees diagnosed with occupational diseases (including mental health issues) are entitled to work accident insurance. 

Yes, Law No. 8 of 2016 on Persons with Disabilities encompasses mental conditions as a disability. Such mental health disabilities are categorized as (1) psychosocial - including schizophrenia, bipolar, depression, anxiety and personality disorders; and (2) developmental disabilities that affect social interaction skills, including autism and hyperactivity. The law governs that such persons with disabilities should be accommodated and provided facilities. For a condition to rise to the level of a disability it must be an ongoing condition for a long period of time (a minimum period of 6 months or a permanent condition) and certified by a medical professional. 

Regarding benefits, if the mental health disability was caused due to an occupational disease, then the employee is entitled to work accident insurance. Alternatively, additional social security benefits under BPJS Ketenagakerjaan are given to participants who experience total permanent disability resulting in the inability of a person to perform work.

Article 153 of Indonesian Manpower Law lays out the grounds for which an employer cannot terminate their employees including, among others, pregnancy, marriage and having familial relations with other co-workers. 

Further, Article 153 of Indonesian Manpower Law also stipulates that an employer is prohibited from terminating an employee who is unable to work due to illnesses which are certified by a doctor for a period not exceeding 12 consecutive months. The same article also prohibits dismissal on the basis of a differing physical condition which, upon interpretation, may extend to mental health conditions. As such, dismissal on grounds of mental health conditions especially if still within the 12 consecutive months time frame (if certified by a doctor) may give rise to claims of unfair dismissal and/or discrimination. 

Indonesian Personal Data Protection Law ("PDP Law") classifies health data as specific personal data. Processing and disclosure of such data requires a valid legal basis which is most commonly explicit consent, although PDP Law also recognizes other reasons such as legal obligation and public interests, among others, as valid reasons for the processing of personal data.

As explained in question 7, mental health conditions may rise to the level of disabilities. As such, Law No. 8 of 2016 on Persons with Disabilities regulates employers are implored to make certain accommodations to enable persons with disabilities to work, including, but are not limited to, providing: a working space that accommodates the disability, resting times, a working schedule that is flexible and special leave for treatment purposes. Further,  employers must provide facilities to accommodate persons with disabilities which are easily accesible.

Indonesian Manpower Law regulates that every worker has the right to equal treatment without discrimination from the employer and specifies that the employer must extend rights and obligations to an employee without differentiating gender, ethnicity, race, religion, skin color or political affiliation.

That being said, Indonesia has no standalone status making mental health itself a protected discrimination category. However, Indonesian Manpower Law does dictate that an employee may not be dismissed on the grounds of differing physical conditions which may, by way of interpretation, extend to mental health conditions.