On 2 February 2021, the government issued Indonesian Government Regulation No. 14 of 2021 as an amendment to Government Regulation No. 22 of 2020 on the Implementation of Law No. 2 of 2017 on Construction Services (Amended GR 22/2020). One of the most significant changes in Amended GR 22/2020 is regarding the Construction Safety Management System (SMKK).

Article 84I paragraph (1) of Amended GR 22/2020 stipulates that all construction service users and providers are required to implement SMKK. In Article 84I paragraph (2) of GR 22/2022, it specifies that the construction service providers are:

• construction management consultancy;
• construction consultancy supervision;
• construction work; and
• integrated construction work services to implement SMKK.

Furthermore, paragraph (3) of the same Article and GR stipulates the activities that the construction service providers must undertake in the implementation of SMKK, which are:

• hazard identification,
• risk assessment, control, and chances based on the work breakdown structure; and
• construction safety targets and programs.

Article 84I paragraphs (4) - (8) of Amended GR 22/2020 sets out the safety aspects of SMKK that must be fulfilled, which are security, safety, health and sustainability standards, as well as the safety targets for each aspect, which are as follows:

Safety Aspect:

• Buildings and/or Construction assets; and/or
• Equipment and materials.

Occupational Health and Safety:

• Service users;
• Construction workforce; and
• Suppliers, guests and sub-service providers.

Public safety:

• Communities around the project; and
• The public exposed

Environmental safety:

• Work environment;
• Project-affected environment;
• Natural environment; and
• Built environment.

Article 84L paragraph (1) of GR 22/2022 sets out the Conceptual Design of SMKK that construction service users and contractors must prepare in the stages of assessment, planning, and/or design. The Conceptual Design in the assessment and planning stages, according to Article 84L paragraph (2) shall include, at least:

• Scope of responsibility of assessment and/or planning;
• Initial information on, among other things, the location, environment, and socio-economic feasibilities and/or environmental impacts; and
• technical recommendations.

And in the design stage, Article 84L paragraph (3) sets out the Conceptual Design that shall, at least, include:

• the scope of the designer's responsibilities, including a statement that in the event of a design
revision, the designer shall take responsibility for the revision and impacts due to changes in the design;
• methods for carrying out the construction work;
• hazard identification and mitigation, and risk level determination;
• a list of standards and/or construction safety laws and regulations stipulated for the design;
• SMKK fees; and
• design of building construction operation and maintenance safety guidelines.

Article 84L paragraph (8) of Amended GR 22/2020 specifies the elements of SMKK in Construction Safety in the implementation, which consists of leadership and workforce; participation, planning, support, operations, and evaluation of the performance.

The regulations in Indonesia regarding SMKK do not stop here. To further regulate SMKK, the Minister of Public Works and Housing of Indonesia (MoPW) issued MoPW Regulation No. 10 of 2021 on Construction Safety Management System Guidelines (SMKK) (MoPWR 10/2021), which regulates the details of SMKK technical guidelines and procedures. MoPWR 10/2021 regulates the detailed guidelines and procedures regarding the implementation, Conceptual Design, Construction Safety Planning (RKK), Construction Project Quality Plan (RMPK) and Quality Programs, among others. The regulation's appendix also contains detailed visualized information, procedures and format samples regarding the technical implementation of SMKK.

Compliance with the SMKK implementation is very important because it is mandatory. In addition, Article 1 of MoPWR 10/2021 states that SMKK is part of management systems in construction work whose purpose is to guarantee construction safety. One of the objectives of construction safety is to guarantee occupational safety. In the case of occupational safety, Article 35 paragraph (3) of Law 13 of 2003 on Manpower (Manpower Law) states that, in employing people, employers are obligated to provide them with protection, which shall include protection of their welfare, safety and health, both mental and physical.

Article 186 paragraph (1) of Manpower Law stipulates that anyone violating Article 35 paragraph (3) of the Manpower Law shall be subject to a sanction of imprisonment for a minimum of 1 (one) month and a maximum of 4 (four) years and/or a fine of a minimum of IDR 10,000,000 (ten million rupiahs) and a maximum of IDR 400,000,000 (four hundred million rupiahs). In certain cases, failure to implement SMKK can also result in the director of the construction service company being held responsible for criminal negligence that causes bodily harm to a person committed by a natural person or group of persons, which according to Article 360 of the Indonesian Penal Code, shall be punished with imprisonment of up to five years or confinement of up to one year for serious injuries.

If you, a prospective client, have further inquiries regarding the topic above, Schinder Law Firm is one of many corporate law firms in Indonesia that have handled a lot of similar cases, with many experienced and professional civil lawyers and dispute lawyers in its arsenal, making it one of the top consulting firms in Indonesia. Feel free to contact us at info@schinderlawfirm.com for further consultation.

Author: Suryani Lim