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October 21, 2024
Originally published in ACTIO E-Magazine Edition 25 (December 2024). Law as of December 2024.
Postpartum depression affects about one in seven new mothers and makes intensive early motherhood harder to manage. How Indonesian law deals with maternity leave — including how long it lasts, how it is paid and how a mother is protected at work — matters for recovery. The Mother and Child Health (KIA) Law gives mothers at least three months of maternity leave, but this is short by international standards.
Postpartum depression affects a significant number of women in Indonesia and is a source of significant social vulnerability, particularly among mothers. Postpartum depression is a type of depression that occurs after childbirth, characterised by anxiety, irritability and difficulty bonding with the newborn. The symptoms may include sadness, insomnia, anxiety and unpredictable mood swings. Mothers who experience PPD struggle to find support. The stigma around mental illness and a lack of awareness make it harder to seek help, as does limited access to mental health services. In some cases, the condition may remain untreated, worsening its impact.
Due to the lack of systematic data collection on mental health in Indonesia, estimates vary, but a 2020 survey by the Indonesian Psychiatrists Association found that about 15% of new mothers experience PPD. This echoes findings from another study by the Global Alliance for Maternal Mental Health, which found that 10% to 20% of women experience PPD after childbirth. Whether or not a mother develops PPD depends on various risk factors, including severe or traumatic labour, mental health challenges after birth, and exposure to social pressure and trauma.
Maternity leave can make a difference for a mother with PPD. A mother who has time to recover and to build a bond with her baby is better able to manage the symptoms. Research shows that long maternity leave provides a buffer against the chronic stress and worry associated with mental health. Having the opportunity for rest, recovery and bonding can greatly help reduce the symptoms of PPD in new mothers.
Maternity leave can also make life easier for new mothers by normalizing motherhood as a life transition. It is important that mothers are not forced into choosing between keeping their jobs and recovering from PPD, and that support is available to mothers facing mental health challenges.
Under Indonesian law, maternity leave is regulated by the Manpower Law (Labour Law No. 13 of 2003) and the Mother and Child Health Law (Law No. 4 of 2024) (“KIA Law”). The Manpower Law provides that a female worker is entitled to 1.5 months of leave before giving birth and 1.5 months after giving birth, with full pay, as part of her total maternity leave entitlement of three months. The KIA Law, passed on 2 July 2024, further protects mothers by extending the leave period to at least three months, with provisions to extend to up to six months under certain conditions.
The KIA Law specifies that an expectant mother is entitled to a minimum of three months of maternity leave, comprising at least 1.5 months before delivery and at least 1.5 months after. The employer is required to provide the leave with the full payment that the employee would have received for the leave taken.
The KIA Law provides that leave can be extended by up to a further three months in specific circumstances. If the mother experiences health complications during pregnancy or childbirth, the employer can extend the maternity leave by an additional three months. In other words, an employee can be entitled to up to six months of maternity leave, and the employer has the choice to grant a longer period on medical grounds or on the special conditions of the expectant mother.
The Manpower Law and the KIA Law provide job protection for women on maternity leave by prohibiting the termination of a worker during pregnancy, maternity leave and breastfeeding. The law also states that the employer must pay the worker her full salary on the basis of her contract of employment. In practice, the main protections for a mother on maternity leave are:
A comparison between Indonesia and other countries shows that maternity leave in Indonesia is rather short. In the United Kingdom, for example, maternity leave is 52 weeks with 39 weeks paid, and in Denmark it is 18 weeks. A maternity leave period of three months is short compared with the minimum recommendation of the International Labour Organization (ILO), which recommends that maternity leave should be at least 14 weeks.
This means that Indonesia’s minimum maternity leave of three months does not meet the ILO’s minimum recommendation of 14 weeks. The ability to extend maternity leave to up to six months under the KIA Law is a step in the right direction, from the perspective of physical health, mental health and the protection of mothers and babies.
Under the Manpower Law, the minimum is three months: 1.5 months before giving birth and 1.5 months after giving birth. The KIA Law extends this to a minimum of three months, with an option for the employer to extend leave by up to three months in certain circumstances (up to six months in total).
It is a mental health condition affecting 10–20% of mothers after childbirth, with symptoms such as depression, anxiety, insomnia and difficulty bonding with the child.
The KIA Law protects the health of mothers and newborns, and its leave provisions are designed to support recovery after childbirth — but it does not set out specific protections for PPD.
No. The law prohibits termination during pregnancy, maternity leave and breastfeeding.
It is shorter: the UK provides 52 weeks of maternity leave and Denmark 18 weeks, while the ILO recommends a minimum of 14 weeks.
Indonesia’s protection of mothers’ rights through maternity leave is a significant step, especially following the introduction of the KIA Law. Maternity leave of at least three months, with an option to extend to six months when a mother faces complications, helps mothers recover from postpartum depression. However, Indonesia’s maternity leave is relatively short compared with international standards and may not be enough to address postpartum depression. Further action is needed to ensure that mothers’ rights are protected, particularly in relation to mental health support.
