Problem of Protecting Indonesian Migrant Labor
By David Raja Marpaung S.Ip M.Def
Indonesia has a complex and fragmented labor market. It has a low-wage economy with significant disparities between the wages paid to expatriates and high-skilled local professionals employed by multi-national corporations and agencies and those paid to civil servants and employees of local companies. There are also considerable discrepancies between the wages of managerial staff and low level employees within companies.
Economic reasons drive the majority of Indonesian labor migrants to migrate abroad, to improve\ the economic status of themselves and their families. High levels of unemployment and underemployment in Indonesia push many individuals to look for jobs outside their area of origin and many may decide to go abroad after hearing about the availability of jobs from recruitment agents and social networks and the higher salaries on offer abroad.
According to the Ministry of Manpower and Transmigration in 2006 there were 2.7 million Indonesian citizens working legally abroad, these workers constitute approximately 2.8 percent of the Indonesian workforce. The majority of these labour migrants are women working in the domestic or service sectors. They are concentrated in Southeast and East Asia and the Middle East, in particular Malaysia, Singapore, Hong Kong SAR (Hong Kong Special Administrative Region), Taiwan Province of China, Saudi Arabia, Kuwait and the United Arab Emirates
One of the main problems identified in the report is a lack of cooperation amongst government agencies in the implementation of Law No 39/2004. As Law No. 39/2004 does not explicitly state the responsibilities of each ministry or department throughout the migration process, confusion and power struggles within the Government of Indonesia have followed, especially between the Ministry of Manpower and Transmigration and the newly established National Authority for the Placement and Protection of Indonesian Overseas Workers (BNP2TKI). Regulations have now been put in place in an attempt to establish a division of jurisdiction between these two authorities, however, to date, these regulations have not had the intended effects.
There are about 11.000 cases of violence was experienced by Indonesian migrant workers due to the weakness of government's protection. Malaysia and Middle East Countries were unfriendly countries for migrant workers from Indonesia[1].
Seven Problems of Indonesian Migrant Worker
The examination by BPK and analysis by another expert found seven main issues of one of the largest foreign exchange contributors. The seven main issues that cause the ineffectiveness of Indonesian migrant worker placement and protection are[2]:
First, the recruitment has not yet been backed by valid and transparent processes. So the certainty, justice and protection for the workers are not guaranteed,
Second, the preparation of healthy and skilled workers has not been based on strict policy, integrated training and examination system, or periodic and consistent supervision.
Third, the procedural preparation of lawful worker has not been supported by integrated system, or good and consistent law enforcement.
Forth, the implementation of insurance for the workers has not yet given just, guaranteed and transparent protection.
Fifth, the data of the worker placement is not accurate, so it is not in accordance with the efforts of protection for the workers abroad.
Sixth, the handle and solution of troublesome migrant workers abroad are partial.
Seventh, the simultaneous evaluation into the data and information of migrant worker issues has not been carried out comprehensively.
First, the recruitment has not yet been backed by valid and transparent processes. So the certainty, justice and protection for the workers are not guaranteed,
Second, the preparation of healthy and skilled workers has not been based on strict policy, integrated training and examination system, or periodic and consistent supervision.
Third, the procedural preparation of lawful worker has not been supported by integrated system, or good and consistent law enforcement.
Forth, the implementation of insurance for the workers has not yet given just, guaranteed and transparent protection.
Fifth, the data of the worker placement is not accurate, so it is not in accordance with the efforts of protection for the workers abroad.
Sixth, the handle and solution of troublesome migrant workers abroad are partial.
Seventh, the simultaneous evaluation into the data and information of migrant worker issues has not been carried out comprehensively.
Building Protection to Indonesian Migrant Labor
There is a big disaster at this month to Indonesia, Indonesian government failed to give adequate diplomatic support to Ruyati binti Satubi, who was executed in Mecca this June for killing her employer’s wife with a machete. The Saudi interior ministry said Ruyati confessed to her crime and that the death sentence was upheld by the country’s Court of Cassation (court of appeal) and Supreme Court. The execution was the result of the government’s negligence and showed its lack of diplomatic clout.
Beside Ruyati, there about 200 migrants’ labor that potential get dead punishment abroad[3]. About 70 Percent labor related with drug cases and 20 percent of the crime of murder.
According to these fact there are several policy that must be implemented by Indonesia government and another stakeholder related with Migrant Labor:
1. Provide special legal protection to Indonesian migrant workers and establish special body temporarily to solve recent condition problem
2. Establish Special Commission to investigate the murder of Indonesian migrant workers and tortures committed by the employers of Indonesian migrant workers and placement agencies
3. Ratify the International Convention on the Protection of the Rights of All Migrant Workers and the Members of their Families
4. Establish a system and mechanism for the process of the placement of work that will guarantee the protection of migrant workers and the members of their families.
5. Formulate a MoU in the placement of Indonesian Migrant Workers between Indonesia as the Country that sends Indonesian migrant workers and the Countries that hire Indonesian migrant workers to guarantee the protection of Migrant Workers and the Members of their Families.
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