Govt Issues New Regulation on Engineering
Date 29 April 2019
President Joko Jokowi Widodo on 12 April 2019 signed a Government Regulation (PP) Number 25 of 2019 on Implementing Regulation of Law Number 11 of 2014 on Engineering to implement the provisions of Article 5 paragraph (3), Article 8 paragraph (3), Article 17, Article 22, and Article 49 of Law Number 11 of 2014 on Engineering.
The scope of the Regulation includes: a. engineering technology disciplines and engineering fields; b. Professional Engineer Program; c. Engineer registration; d. Foreign Engineer; and e. Engineering development.
“Engineering includes engineering technology and engineering fields,” article 3 of the Regulation reads.
Engineering technology discipline, according to the Regulation, is part of applied sciences in engineering by using expertise and skills based on mastery of science and technology to increase added value and utility in a sustainable manner by paying attention to safety, health, well-being, and welfare of communities and environmental sustainability, while engineering is a professional activity that requires technical expertise.
According to the Regulation, the Engineer Professional Program aims to: a. provide direction of growth and increase professionalism of Engineers as reliable and highly competitive professionals, with the results of quality work to benefit the people; and b. ensure that Indonesian Engineering play role in national development through increasing the added value of the country’s wealth by mastering and advancing science and technology as well as developing Indonesia’s independence.
Professional Engineer Program, according to the Regulation, is carried out through the study program of Professional Engineer Program organized by universities in collaboration with relevant ministries, the PII (Indonesian Engineers Association), and industry stakeholders in accordance with the standards of the Professional Engineer Program.
“The implementation of the study program of Professional Engineer Program by higher education institutions must obtain the Minister’s permission,” article 10 paragraph (3) of the Regulation reads.
The Regulation further states that everyone who is going to take Professional Engineer Program must have academic qualification: a. Bachelor of Engineering or Bachelor of Applied Engineering; or b. Bachelor of Engineering Education or Bachelor of Science that is equal to Bachelor’s degree in engineering or Bachelors degree in applied engineering through an equalization program.
The aforementioned equalization program is a process of comparing and integrating learning outcomes obtained through education, job training, and work experience held by universities.
“The aforementioned equalization program is attended by Bachelor of Engineering Education or Bachelor of Science who have work experience in Engineering Practices for at least 3 (three) years, as evidenced by a statement from the head of the company or the employers institution,” Article 12 paragraph (3,4) of this Regulation reads.
Apart from the Engineer Professional Program, the Regulation stipulates that the Engineer Professional Program can also be carried out through past learning recognition, which is an acknowledgment of learning achievements obtained from non-formal education, informal education, and/or working experience in the formal education sector.
“The Engineer Professional Program through recognizing past learning can be obtained by all graduates of the 4 (four) year engineering bachelor program and the 4 (four) year applied engineering program with engineering work experience,” article 13 paragraph (3) of the Regulation reads.
Further provisions regarding the recognition mechanism of past learning for Engineer Professional Program and further provisions regarding the implementation of Professional Engineer Program are regulated by Ministerial Regulation.
The Regulation stipulates that everyone who meets standards of the Engineer Professional Program either through Professional Engineer Program or through recognizing past learning, as well as those who pass the Professional Engineer Program, have right to obtain a professional certificate of Engineer, and is recorded by the PII.
The Regulation also states that everyone who has passed Professional Program Engineer is entitled to professional degree in Engineering, granted by the universities that provide Professional Engineer Program.
According to the Regulation, every Engineer who will carry out Engineering Practices in Indonesia must obtain an Engineer Registration Certificate issued by the PII. To obtain the Registration Certificate as intended, the engineer must have an Engineer Competency Certificate, which is obtained after passing the Competency Test conducted by professional certification institution in accordance with the provisions of law. The certificate is valid for a period of 5 (five) years.
The Regulation also stipulates that the level of professional qualifications of Engineers consists of: a. first professional engineer; b. middle-rank professional engineer; and c. senior professional engineer.
“The criteria for the Engineer qualifications as referred to in paragraph (1) are regulated by the Minister after coordinating with the relevant ministers/heads of non-ministerial government institutions and obtaining a recommendation from the DII (Indonesian Engineer Council),” Article 21 paragraph (2) of the Regulation reads.
According to the Government Regulation, Foreign Engineers can carry out Engineering Practices in Indonesia after having a work permit for foreign workers in accordance with the provisions of law, which is issued by the ministry that is responsible for manpower affairs.
To obtain the work permit for foreign workers, Foreign Engineers must have an Engineer Registration Certificate issued by the PII based on: a. registration certificate according to the law of the workers country; or b. Engineer Competency Certificate according to the law of the workers country.
The Government Regulation further stipulates that Foreign Engineers must provide technology transfer, which is carried out by: a. develop and improve the Engineering Practice services at the company or institution; b. transferring professional knowledge and abilities for free to other Engineers; and/or c. provide education and/or training to educational, research and/or development institutions in the field of engineering
Engineering development is the responsibility of the Government, which is carried out by: a. encouraging innovation; b. producing competitive products; and c. improving human resources who have the qualifications to become professional engineer.
The aforementioned Engineering Development is carried out by: a. establishing policy on the development of engineering capacity based on the DII recommendations; b. empowering the engineers; c. improving research, development, and engineering capabilities; d. encouraging industries related to engineering to conduct research and development in order to increase value added production; e. encouraging engineers to be creative and innovative to create added value; f. supervising the implementation of Engineering; g. providing assistance in relation to the remuneration of engineering services that are equal and fair; h. encouraging increased domestic production that is competitive from engineering services; i. increasing the role of Engineers in national development; and j. socialization and education to attract the interest of the younger generation to take part in education in the field of science and technology and to work as an engineer.
“To conduct the development as intended, the Government can conduct audit of engineering performance, in the form of examination and evaluation of the norms, standards, procedures, and criteria for Engineering Practice,” article 27 paragraph (1,2) of the regulation reads.
According to this Government Regulation, Engineers carrying out engineering activities without having an Engineer Registration Certificate are subject to administrative sanctions in the form of: a. written warning; and/or b. temporary suspension of engineering activities. In addition, the aforementioned engineer whose activities cause material losses will be subject to administrative sanctions in the form of fines.
The Foreign Engineers who carry out Engineering activities in Indonesia without fulfilling the requirements, according to the Regulation, are subject to administrative sanctions in the form of: a. written warning; b. temporary suspension of engineering activities; c. suspension of work permit; d. revocation of work permit; and/or e. other administrative sanctions in accordance with the provisions of law. In addition, Foreign Engineers whose activities cause material losses are subject to administrative sanctions in the form of fines.
“This Government Regulation shall apply as of the date of its promulgation,” Article 38 of the Government Regulation which was promulgated by Minister of Law and Human Rights Yasonna H. Laoly on April 18, 2019 reads. (Pusdatin/ES)
Translated by: Ridwan Ibadurrohman
Edited by: Yuyu Mulyani