By: Deystia Ayesha Rae
On 16 March 2018, the Government of Republic of Indonesia has issued a Government Regulation No. 10 of 2018 concerning National Professional Certification Authority (Badan Nasional Sertifikasi Profesi or “BNSP”) (“GR 10/2018”) which came into effect on the same day. This regulation is issued to replace the Government Regulation No. 23 of 2004 concerning National Professional Certification Authority (“GR 23/2004”). The background of this issuance is due to GR 23/2004 is deemed to be unable to accommodate the development of times that requires a skilled manpower that has expertise and qualified competencies with global standards.
GR 10/2018 is enacted as an effort to improve employed human resources that are competitive and have global standards, in which BNSP has the duty to ensure the competency and employment recognition in all sectors of the professional field in Indonesia through certification. In essences, GR 10/2018 regulates establishment and function of BNSP, organizational structure, the appointment and dismissal of organizational structure, the work procedure, and the financing of BNSP duties.
Pursuant to Article 2 until Article 4 of GR 10/2018, BNSP is an independent authority that has the duty to conduct the certification of work competency and also grant licenses to Professional Certification Institution (Lembaga Sertifikasi Profesi or “LSP”) who are eligible to perform work competency certification. BNSP in performing its duties has the functions as below:
- Implementation and development of work competency certification system;
- Implementation and development of vocational education and training system;
- Guidance and supervision of the implementation of national work competency certification system;
- Development of national and international competency certification recognition;
- Implementation and development of inter-institutional cooperation, both nationally and internationally in the field of professional certification; and
- Implementation and development of integrated data and certification system of work competency.
Pursuant to Article 5 until Article 7 of GR 10/2018, the organizational structure of BNSP consisting of 3 (three) positions which are:
- Chairman which comes from Ministry of Manpower;
- Vice Chairman which comes from society either professional association and/or industrial association; and
- 5 (five) members.
Pursuant to Article 8 and Article 9 of GR 10/2018, Secretariat of BNSP is formed to support the implementation of BNSP duties, this Secretariat is under Ministry of Manpower. Also, at most 5 (five) working groups can be established and 10 (ten) experts can be appointed by the Chairman of BNSP to facilitated the implementations of duties and functions of BNSP.
In performing BNSP’s duties, the Chairman, Vice Chairman, and members of BNSP shall be obliged to apply the principle of coordination, integration, synchronization and transparency, both internally and externally (Article 20 of GR 10/2018).
Any financing required in the performance of BNSP’s duties will be obtained from State Revenues and Expenditures Budget (Anggaran Pendapatan dan Belanja Negara or “APBN”) (Article 22 of GR 10/2018). With the issuance of GR 10/2018, pursuant to Article 25 of GR 10/2018, GR 23/2004 is declared null and void. The implementing regulations of GR 23/2004 will remain in force as long as they do not contradict with GR 10/2018 and until the issuance of the implementing regulation of GR 10/2018 (Article 24 of GR 10/2018).