CRITICAL NOTES ON :

THE PROTECTION OF INDONESIAN MIGRANT WORKERS

By: Hendri Teja1

Indonesian migrant workers is one of the nation's complicated problems. On the

first hand, their status is a concrete solution to overcome the inability of governments in
creating equity and employment. National economy can not absorb the labor force in
February 2009 has reached 113.74 million with a quantity of unemployment amounted
to 9.26 million people.

In fact in the last five years the placement of Indonesian migrant workers abroad
continued to increase until the average per year to reach 596,115 people. They spread in
Malaysia and Saudi Arabia, the rest to other countries like the United Arab Emirates
(UAE), Kuwait, Jordan, Hong Kong, Taiwan. With that quantity, workers have
contributed much to the national economy. Remitansi they reached USD 8.24 billion
(2008) or the first order in the service sector and ranked 2nd after oil and gas foreign
exchange earnings. Remitansi also contribute to the improvement of family welfare
workers estimated 16 million people. The amount of the contribution it makes workers
often referred to as a hero of foreign exchange.

Ironically, that contribution was far different from the quality of employment
protection in foreign countries they receive. Research Center for Manpower Ministry of
Manpower and Transmigration recorded in 2007 only 42% of Indonesian migrant
workers who completed the work contract, and 25% worked less than 2 years due to a
problem and leave. 15.7% during the placement of Indonesian migrant workers
experiencing problems, such as: experiencing physical violence, is not given a ticket
back to Indonesia, passports were withheld employer / agent, unpaid salaries,
communication difficulties and adjustments of local culture, excessive working hours,
sexual harassment, and rest and eating facilities, inadequate drinking. In terms of
working time, generally by Indonesian migrant workers in the UAE and Jordan did not
know the holidays and tend to be "stuck", during the contract. Over 60% of their work
above 12 hours a day.

Migrant Care (2007) also recorded 171 cases of death of Indonesian migrant
workers in various countries; 108 women, 61 men and 2 cases of unknown identity.
Organization of international migrant workers was also found 140 cases of Indonesian
migrant workers who become victims of violence; 125 women and 15 men.

Blind Rights and Obligations

The phenomenon of lack of protection of Indonesian migrant workers have

actually long been a concern Labor Department officials and Tranmigrasi. Minister of
Labor and Tranmigrasi RI in the opening meeting of the technical work placements
Indonesia migrant workers abroad in Cisarua, Bogor, in January 2003, never mentioned
if the source of the problem 80% of migrant workers in Indonesia precisely in the
country. Meaning Indonesia migrant labor problem was more related to the problem at
1
Author is Deputy Secretary General of the Association of Indonesian Islamic Union

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this stage of pre-placement and post placement rather than placement. The root of the
problem is not optimal socialization function of potential recruitment of migrant
workers Indonesia which led to the readiness of Indonesia migrant workers is low.
Indonesia migrant workers are not "literate" people's rights and obligations.

Can not be denied if the prospective Indonesian migrant workers generally come
from rural, predominantly among the economically weak, with low education levels.
This condition eventually led to the deviation of the right of protection for Indonesian
migrant workers who ironically happened at each stage, namely pre-placement, during
placement and post placement.

Deviation at this stage of pre-placement training envisaged (especially the

language, culture and job skills) and Preparation of Final Departure is intensive and
applied with a relatively long time to be merely castrated formality requirements and to
answer the demands of the government. So it is not surprising that there are Indonesian
migrant workers who only tasted the program for a month even below that.
Consequently, many Indonesian migrant workers who do not understand the contents of
the Placement Agreement, Work Agreement not even holding a copy of PK, passport
and insurance card

Deviation at the time of placement is lalainya Indonesian migrant workers to

report their existence to the nearest representative office of RI. In the procedure of each
placement of Indonesian migrant workers must be reported, but in many cases the
Implementing partners Indonesian Manpower Placement Private (PPTKI) also being
indifferent to these obligations. As a result of monitoring Indonesian migrant workers to
be difficult. This condition is exacerbated by Indonesian migrant workers acapnya
detention of identity experienced by Indonesian migrant workers, broken
communication, and not all Indonesian migrant workers who completed a contract
reported to the Representative of the Republic of Indonesia and obtain their rights when
returning to Indonesia.

Deviations that occur post-placement is outside costs such as currency exchange

standards, fares, and charges his way overland journey from the place of the Terminal
III of Soekarno-Hatta to the area of origin. There was no post-placement assistance is
also a former Indonesian migrant workers still make working overseas as a major
alternative when their funding ran out and or unemployment.

Therefore, alleviation of the rights and obligations of migrant workers into

something important. There should be standardized to measure the readiness of
Indonesian migrant workers to work abroad. This course is supported by the
implementation must socialization, rekruit controlled, training and preparation
Departure End of the parties involved are competent. Not enough to revoke business
license service Indonesian migrant workers who make the deviation. There needs to be
a criminal penalty to bring the deterrent effects.

Supports Less Regulation

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 By law, the government has issued legislation to ensure the protection of
Indonesian migrant workers such as the Ministerial Decree No. 138/Men/2000
concerning Amendment to Decree of the Minister of Manpower No.. Kep-
204/Men/1999 about Manpower Placement to Foreign Affairs, and Director General of
Development Decision Manpower Placement No. Technical Guidelines Kep-
107/BP/1999 Protection of Indonesian Migrant Workers in Foreign Affairs through
insurance, as well as minister Decree No. 104A / 2002 on Indonesian Migrant Workers
Placement of Foreign Affairs. Law No. 13/2003 on Employment, which then encourage
the implementation of Law No. 39 / 2004 on Placement and Protection of Indonesian
Migrant Workers in Foreign Affairs had tried to facilitate the "importance" of
Indonesian migrant workers in general. However, all the legislation is perceived less
supportive of the implementation is still the best protection for Indonesian migrant
workers.

The reason is the protection of Indonesian migrant workers abroad is clear about
the area so that penempatanya state jurisdiction can not sebetas bound by the laws of
Indonesia alone. This business has an international dimension related to the 1961
Vienna Convention, 1963 Vienna Convention on Consular Relations, the United
Nations convention on the protection of rights of all migrant workers and members of
his family, and other international legal instruments related to the protection of migrant
workers and Human Rights. Protection of Indonesian migrant workers is also related to
bilateral relations and the placement of legal subjects. In many cases the placement of
legal subjects often become a fundamental issue.

Call it placement procedures for Indonesian Migrant workers abroad in

accordance with the law can be made on the basis of a written agreement between the
government and the government (Article 10) or to the destination country that has laws
that protect foreign workers (Article 27) . The agreement form memorandum of
understanding which, although targeted until July 2007 had been agreed 17 MOU, the
fact that until now only 5 countries namely Malaysia, Taiwan, Korea, Kuwait, and
Jordan. But on the ground that the MoU was not quite adequate. MOU still not able to
penetrate the jurisdiction of state placements. As a result MOU records only
"commitment" of a country to provide protection, not directly provide protection let
alone touch the root of the problem.

Government has constraints to be involved in the affairs of Indonesian migrant

workers in the country because not all placement placement of Indonesian migrant
workers have rules that can bridge the gaps of international law, especially migrant
workers who organize informal. States the objectives of the placement of Indonesian
migrant workers, generally it has had the protection of migrant workers Act, but only
set of professional manpower (skilled labor). Whereas the majority of Indonesian
migrant workers are informal migrant workers like domestic workers, gardeners, and
drivers. This policy can be found in Kuwait, Saudi Arabia and Jordan. Informal migrant
workers in Kuwait, even regulated in the law so that residents Foreigner their rights and
obligations is the sole authority of the employer.

International Political Strength

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 The fundamental difference between Indonesia and the Philippines is the
substance migrannya labor policy. If Indonesia is more focused on setting the
operational mechanism of the placement of migrant workers, ranging from the
establishment of procedures for Service Companies Indonesian Migrant Workers,
financing structures, and technical issues other; the Philippines have established efforts
to protect migrant workers as one of the main focus of its foreign policy, even been
dissected in the gender segmentation. Since June 1995, the Philippines has a law
protection of migrant workers, while the law only applied Manpower in 2003. When the
Philippine labor attache had been formed and crisis center set up in countries of migrant
workers placement, then Indonesia is still struggling in the division of authority between
the National Agency for the Protection of Migrant Workers Placement Indonesia and
the Ministry of Manpower and Transmigration.

Proved an effective political force to strengthen the protection of migrant

workers who caught the national jurisdiction of state placements. When Sarah
Balabagan and Flor Contemplacion, Filipino migrant workers, threatened with death, all
political forces deployed overseas Filipino to free them. Philippines did not even
hesitate to threaten to cut diplomatic ties with countries that do not treat the placement
migrannya workers fairly and with dignity.

Mechanism "consular and diplomatic protection" which was used as a reference

for Indonesia is not enough to guarantee the protection of Indonesian migrant workers.
Especially in countries that do not regulate the protection of migrant workers in the
domestic sector workers. It is ridiculous when resting the protection of migrant workers
in Indonesia just a "good will" of the employer. Morality is not reliable, especially in
the Arab countries are more or less inherited the culture of ignorance "slave".

System operational mechanisms placement of Indonesian migrant workers,

monitoring and evaluation system as feedback to improve the quality of Indonesian
migrant labor services, both nationally and in every area sender, or increase the
selection of placements will be redundant when the government guaranteeing the
execution of RI are still stepping on the line polite.

In the future, the government of Indonesia needs to put all the political forces
abroad to bind the parties in foreign countries that share responsibility for the protection
of Indonesian migrant workers. Surely the condition would only occur if there is cross-
departmental cooperation, cross-sector, including the power of civil society
organizations in the country. This synergy is important for Indonesia should be able to
find opportunities in international forums so that the protection of Indonesian migrant
workers abroad can be improved.