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Employer holding your diploma in Indonesia: what the rules say and how to get it back

Written by KarirAman editorial team Approved by Kaiser Khan (editor), Updated

Manpower circular M/5/HK.04.00/V/2025 bars employers from holding diplomas and personal documents as a job guarantee. The exceptions and where to report.

Legal status: the Labour Protection Law was approved by the DPR and the Government on 6 October 2026 but has not been promulgated and its text is not public. Until it takes effect, the rules on this page apply.

Dewan Perwakilan Rakyat RI (emedia); Kementerian Ketenagakerjaan RI

Summary

  • Minister of Manpower circular M/5/HK.04.00/V/2025 of 20 May 2025 bars employers from requiring or holding workers' diplomas and personal documents as a job guarantee.
  • Personal documents include, among others, competency certificates, passports, birth certificates, marriage books and vehicle ownership books (BPKB).
  • The only exception is a diploma or certificate from education or training paid for by the employer under a written employment contract.
  • Employers are also barred from stopping workers from seeking a better job.
  • Indonesian migrant workers have the right to hold their own travel documents under Law 18/2017 Article 6(1)(j).
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On this page
  1. Can a company hold my original diploma?
  2. Which documents may an employer not hold?
  3. Is there any exception that lets a company keep a diploma?
  4. Can a company stop me from changing jobs?
  5. What should I check before signing a contract?
  6. What if my passport is held while I work abroad?
  7. What can I do if my diploma is already being held?
  8. Is the diploma ban part of the new labour law?
  9. Can a school hold my diploma because of unpaid fees?
  10. Where can I get help?

Can a company hold my original diploma?

Not as a guarantee for employment. Minister of Manpower circular M/5/HK.04.00/V/2025 of 20 May 2025 says employers are barred from requiring and/or holding workers' diplomas and/or personal documents as a guarantee for work (point 1). It is addressed to all governors, to be passed on to regents, mayors and local stakeholders. The ban covers original documents.

Which documents may an employer not hold?

Besides diplomas, circular M/5/HK.04.00/V/2025 point 1 names original personal documents including competency certificates, passports, birth certificates, marriage books and vehicle ownership books (BPKB). The words 'including' mean the list is not closed: other original personal documents used as a guarantee for work are covered too.

Is there any exception that lets a company keep a diploma?

Yes, but it is narrow. Under point 4 of the circular, handing over a diploma or competency certificate is allowed only for an urgent, legally justified interest and on two conditions: the diploma or certificate came from education or training paid for by the employer under a written employment contract, and the employer must keep it safe and compensate the worker if it is damaged or lost. A school or university diploma you paid for yourself is not covered by this exception.

Can a company stop me from changing jobs?

No. Circular M/5/HK.04.00/V/2025 point 2 says employers are barred from preventing or hindering workers from seeking and obtaining a better job. Holding diplomas is often used to tie workers down; that is the practice the circular bans. If you want to leave, follow the resignation procedure, including written notice at least 30 days in advance (PP 35/2021 Article 36(i)).

What should I check before signing a contract?

Circular M/5/HK.04.00/V/2025 point 3 asks job seekers and workers to read their employment contract carefully, especially any clause requiring a diploma or personal document as a guarantee. Read the contract before signing, ask about any clause on handing over documents, penalties or damages, and ask for a copy. If a job ad requires the original diploma to be left from the start, or asks for a deposit, that is a red flag.

What if my passport is held while I work abroad?

Indonesian migrant workers have the right to hold their own travel documents while working (Law 18/2017 Article 6(1)(j)). Passport seizure also appears in human trafficking through job offers: Kemlu reported Indonesian online-scam victims in Myanmar whose passports were seized, in repatriations up to July 2026. Contact KP2MI or the nearest Indonesian mission, and if you are in danger, use the emergency channels on the human trafficking page.

What can I do if my diploma is already being held?

Ask in writing for your diploma back, citing circular M/5/HK.04.00/V/2025, and keep proof of your request. If refused, this becomes a dispute that must first go through bipartite talks of up to 30 working days, then can be registered with the district or city labour office for mediation (Law 2/2004 Articles 3, 4 and 8). You can also complain through the Ministry of Manpower's complaint channel. If you need someone with you, accredited legal aid organisations offer free help to those who qualify.

Is the diploma ban part of the new labour law?

According to the Ministry of Manpower's official summary of 7 October 2026, the Labour Protection Law includes a ban on withholding diplomas and personal documents in job placement. But the law has no number, has not been promulgated, and its text is not public, so the article and its sanctions cannot be quoted yet. Until it takes effect, the main reference is circular M/5/HK.04.00/V/2025.

Can a school hold my diploma because of unpaid fees?

No, according to Ombudsman RI. On 19 February 2025 the West Sumatra office of Ombudsman RI stated that, under Education Ministry Regulation 58/2024 and Secretary-General Regulation 1/2022 on diplomas, a school may not withhold a diploma from its owner for any reason, and that holding it to make students settle school or committee fees may be maladministration. If your school is holding your diploma, ask for it in writing, then report it to the local education office or to Ombudsman RI.

Where can I get help?

If the problem happens abroad, contact KP2MI or the Ministry of Foreign Affairs. In Indonesia, start with the Ministry of Manpower's complaint channel and your local labour office. See also Labour dispute mediation and Free legal aid.

Not legal advice. For your own case, contact the official channels listed.

Frequently asked questions

Does a ministerial circular have legal force?

A circular (surat edaran) is guidance from the Minister addressed to governors, to be passed on to regents, mayors and stakeholders. It is not a statute, but labour offices rely on it when handling complaints. The Ministry of Manpower also lists a ban on withholding diplomas and personal documents among the points of the Labour Protection Law, which has not been promulgated yet.

The company wants my original diploma at the interview. What should I do?

Showing your original diploma so it can be checked against a copy is different from handing it over to be kept. Show it, then ask for it back on the spot. If the company requires the diploma to be left as a guarantee, that is barred by circular M/5/HK.04.00/V/2025 and is also a red flag in a job offer.

What if a domestic worker is asked to hand over an ID card or original documents to an agency?

Law 2/2026 Article 28(1)(b) bars domestic-worker placement companies (P3RT) from holding the original personal documents of prospective or current domestic workers or blocking their communication. Breaches lead to administrative sanctions up to licence revocation.

I am on a management trainee programme with a service bond. May my diploma be held?

Only if the programme is education or training paid for by the company and set out in a written employment agreement (Circular M/5/HK.04.00/V/2025 point 4), and the company must keep the diploma safe and compensate you if it is damaged or lost. A service bond does not allow other documents, such as your ID card, passport or marriage book, to be held. Read the agreement, including any damages if you leave before the bond ends.

Who wrote and reviewed this page?

Written by KarirAman editorial team Published Updated

Prepared with AI assistance. Checked against official sources and approved for publication by Kaiser Khan (editor). Approval date: .

Sources

The facts on this page come from these sources. Dates show when we opened them.

  1. DPR Sahkan UU Pelindungan Ketenagakerjaan (emedia DPR RI, 7 Oktober 2026) Dewan Perwakilan Rakyat RI (emedia) · accessed
  2. Menaker Ungkap Poin Penting UU Pelindungan Ketenagakerjaan yang Wajib Diketahui Pekerja Kementerian Ketenagakerjaan RI · accessed
  3. Surat Edaran Menteri Ketenagakerjaan Nomor M/5/HK.04.00/V/2025 tentang Larangan Penahanan Ijazah dan/atau Dokumen Pribadi Milik Pekerja/Buruh oleh Pemberi Kerja (salinan dari Disnaker Kota Batam) Dinas Tenaga Kerja Kota Batam (meneruskan SE Menteri Ketenagakerjaan RI) · SE Menaker M/5/HK.04.00/V/2025 · accessed
  4. Undang-Undang Nomor 18 Tahun 2017 tentang Pelindungan Pekerja Migran Indonesia Kementerian Hukum RI (peraturan.go.id) · UU 18/2017 · accessed
  5. Undang-Undang Nomor 2 Tahun 2026 tentang Pelindungan Pekerja Rumah Tangga JDIH BPK RI (peraturan.bpk.go.id) · UU 2/2026 · accessed
  6. Undang-Undang Nomor 2 Tahun 2004 tentang Penyelesaian Perselisihan Hubungan Industrial Kementerian Hukum RI (peraturan.go.id) · UU 2/2004 · accessed
  7. Peraturan Pemerintah Nomor 35 Tahun 2021 tentang Perjanjian Kerja Waktu Tertentu, Alih Daya, Waktu Kerja dan Waktu Istirahat, dan Pemutusan Hubungan Kerja Kementerian Hukum RI (peraturan.go.id) · PP 35/2021 · accessed
  8. Kemlu RI Pulangkan 1.203 WNI Korban Sindikat Online Scam dari Myanmar hingga Juli 2026 NTV News (Antara) · official statement via media · accessed
  9. Ombudsman Sumbar tegaskan sekolah dilarang tahan ijazah siswa (Ombudsman RI) Ombudsman Republik Indonesia · accessed
How to cite

KarirAman (2026). Employer holding your diploma in Indonesia: what the rules say and how to get it back. Updated 8 October 2026. https://kariraman.com/en/workers-rights/withheld-diploma/

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Change log
  • : Added schools holding diplomas over unpaid fees and a question on management trainee service bonds.