UNAIR NEWS 鈥 The issue of companies withholding employee diplomas has once again sparked public debate, following a recent case in Surabaya. Critics argue that this practice not only causes administrative hardship for workers but also infringes on human rights, limiting individuals鈥 social and professional advancement.
Many consider the retention of personal documents, such as diplomas, by employers to be an unfair labor practice. Although it remains widespread, there is currently no explicit national regulation prohibiting it, allowing some employers to take advantage of the legal grey area.
Legal perspective
Professor Dr. M. Hadi Shubhan, S.H., M.H., C.N., a legal scholar at Faculty of Law, emphasized that, from a legal perspective, withholding diplomas constitutes coercion and violates the right to freely pursue employment.
鈥淭he act of holding on to a worker鈥檚 diploma clearly disadvantages the employee. A diploma is a personal document tied to the individual and should not be withheld by an employer,鈥 he asserted.
He added that this tactic amounts to coercion, as workers are often placed in vulnerable situations. 鈥淓mployees comply out of necessity. Faced with the risk of job loss, they may feel they have no choice but to agree to the employer鈥檚 terms,鈥 he explained.
Absence of national regulation
Prof. Hadi noted that, to date, there is no comprehensive national law specifically regulating the retention of diplomas in labor settings. He stressed the need for clearer, enforceable rules to close the existing legal gap.
鈥淐urrently, there is no specific provision in national legislation鈥攚hether in statutes, government regulations, or ministerial decrees鈥攁ddressing this issue. However, in East Java, Regional Regulation No. 8 of 2016 does prohibit employers from holding personal documents like ID cards, driver鈥檚 licenses, family cards, and diplomas,鈥 he stated.
Serious consequences
Prof. Hadi warned that this practice significantly limits employees鈥 career mobility, especially for those seeking to improve their lives or pursue new professional opportunities.
鈥淭he consequences for workers are serious. They become effectively trapped at their current jobs, unable to seek other employment or grow professionally,鈥 he said.
Legal consequences
He further explained that employers engaging in this practice could face various legal repercussions, ranging from civil lawsuits to administrative and even criminal penalties.
鈥淓mployers may be sued in the Industrial Relations Court (PHI). Labor inspectors at the provincial or national level can also impose administrative sanctions. And under East Java鈥檚 regional law, violators may face criminal charges, including possible imprisonment,鈥 he concluded.
Author: Rosali Elvira Nurdiansyarani
Editor : Khefti Al Mawalia
