Ada Pertanyaan? Hubungi Kami 
2026 Hak Cipta Milik Hukumonline.com
Produk Pilihan
Ada Pertanyaan? Hubungi Kami Ari Pramuditya, Ady Thea
Labor action. Photo by: SGP
The ASEAN Economic Community (“AEC”),which will be inaugurated at the end of this year, is likely to expose Indonesia to a high level of cross-border labor mobility, as workers begin to move throughout the ASEAN region. This will be a challenge not only for Indonesian workers within Indonesia, but also for Indonesian workers overseas. As a result of all this, many interested parties are expecting the government to create a set of policies designed to strengthen the protection of Indonesians working abroad (who are commonly known as TKI).
Up until the present, the protection of TKI has been regulated by Law No. 39 of 2004 on the Placement and Protection of Indonesian Workers Abroad (“Law 39/2004”). A number of criticisms have surfaced however regarding the level of protection afforded under this law, which is widely considered to be insufficient. Indonesian migrant workers continue to face many problems when they are working abroad, and have to put up with a lack of protection when such problems do arise.
Eni Rofiatul, a member of the Migrant Workers Network (“MWN”) at LBH Jakarta, believes that the protection currently afforded to TKI is not yet optimal. And this is in spite of the fact that the government ratified the 1990 United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families through Law No. 6 of 2012.
“It has been three years now since the convention was ratified, however there has been no significant improvement in the level of protection for Indonesian migrant workers,” Mrs. Rofiatul stated during a press conference held at the offices of LBH Jakarta on Tuesday, 15 December 2015.
Rofiatul noted that the government had also introduced a moratorium on the placement of migrant workers in several countries. Alas however, according to Rofiatul, this moratorium has not ultimately led to any decrease in the number of cases involving migrant workers. In fact, data provided by the Ministry of Foreign Affairs reveals an increase in cases involving human trafficking between 2011 and 2015. Mrs. Rofiatul explained that the average level of increase had already reached 52.5%.
“Indications of human trafficking come in the form of recruitment processes which are undertaken by parties other than limited-liability companies, document forgeries, the use of tourist visas (as opposed to working visas) and employers engaging in shifting practices,” explained Mrs. Rofiatul.
Savitri Wisnuwardhani, the National Secretary of the MWN, stated that talks held between ASEAN countries aimed at protecting migrant workers had been few and far between. This can be seen clearly in the currently stagnant discussions relating to the ASEAN Framework Instrument for the Protection and Promotion of the Rights of Migrant Workers. Theoretically though, a framework for the protection of migrant workers across the ASEAN region was sketched out in the Cebu Declaration of 2007.
“Without a comprehensive system of protection for Indonesian migrant workers in place, violence, exploitation and human trafficking involving Indonesian migrant workers will surely increase in the future,” stated Mrs. Wisnuwardhani.
Wisnuwardhani has urged that the revision of Law 39/2004 be immediately discussed in the context of the 1990 UN Convention. Protection for Indonesian migrant workers should be more comprehensive, Wisnuwardhani asserts, and that also includes their families. Unfortunately though, the current draft revision of Law 39/2004 is still not in line with international conventions. For example, the law still does not regulate in sufficient detail placement procedures for migrant workers that are performed either individually, at a Government to Government (G to G) level, or through limited-liability companies or agents.
In order to overcome this problem, Mrs. Wisnuwardhani recommended that all placement forms and documents should utilize the official form issued by the Government. A Revision of Law 39/2004 is also needed and should clearly set out the authority of central and local government as it relates to the protection and placement of Indonesian migrant workers.
Responding to these recommendations, Dede Yusuf, Chairman of Commission IX at the House of Representatives, said that the core revision to Law 39/2004 will hopefully strengthen the levels of protection afforded to Indonesian migrant workers. Currently, the responsibility to protect workers lies with private parties and private entities (Private TKI Placement Executive – Pelaksana Penempatan TKI Swasta-“PPTKIS”) PPTKIS. In the future however, this responsibility should be borne by the government according to Mr. Yusuf.
Mr. Yusuf is hoping that by the end of December 2015, the government will have finished compiling an inventory list of problems (Daftar Inventarisasi Masalah – “DIM”). Once this step has been completed, the President is expected to respond promptly and issue a Presidential Letter. “The House of Representatives will soon finalize and ratify new steps aimed at protecting migrant workers in early 2016,” Yusuf concluded.
Up until the present, the protection of TKI has been regulated by Law No. 39 of 2004 on the Placement and Protection of Indonesian Workers Abroad (“Law 39/2004”). A number of criticisms have surfaced however regarding the level of protection afforded under this law, which is widely considered to be insufficient. Indonesian migrant workers continue to face many problems when they are working abroad, and have to put up with a lack of protection when such problems do arise.
Eni Rofiatul, a member of the Migrant Workers Network (“MWN”) at LBH Jakarta, believes that the protection currently afforded to TKI is not yet optimal. And this is in spite of the fact that the government ratified the 1990 United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families through Law No. 6 of 2012.
“It has been three years now since the convention was ratified, however there has been no significant improvement in the level of protection for Indonesian migrant workers,” Mrs. Rofiatul stated during a press conference held at the offices of LBH Jakarta on Tuesday, 15 December 2015.
Rofiatul noted that the government had also introduced a moratorium on the placement of migrant workers in several countries. Alas however, according to Rofiatul, this moratorium has not ultimately led to any decrease in the number of cases involving migrant workers. In fact, data provided by the Ministry of Foreign Affairs reveals an increase in cases involving human trafficking between 2011 and 2015. Mrs. Rofiatul explained that the average level of increase had already reached 52.5%.
“Indications of human trafficking come in the form of recruitment processes which are undertaken by parties other than limited-liability companies, document forgeries, the use of tourist visas (as opposed to working visas) and employers engaging in shifting practices,” explained Mrs. Rofiatul.
Savitri Wisnuwardhani, the National Secretary of the MWN, stated that talks held between ASEAN countries aimed at protecting migrant workers had been few and far between. This can be seen clearly in the currently stagnant discussions relating to the ASEAN Framework Instrument for the Protection and Promotion of the Rights of Migrant Workers. Theoretically though, a framework for the protection of migrant workers across the ASEAN region was sketched out in the Cebu Declaration of 2007.
“Without a comprehensive system of protection for Indonesian migrant workers in place, violence, exploitation and human trafficking involving Indonesian migrant workers will surely increase in the future,” stated Mrs. Wisnuwardhani.
Wisnuwardhani has urged that the revision of Law 39/2004 be immediately discussed in the context of the 1990 UN Convention. Protection for Indonesian migrant workers should be more comprehensive, Wisnuwardhani asserts, and that also includes their families. Unfortunately though, the current draft revision of Law 39/2004 is still not in line with international conventions. For example, the law still does not regulate in sufficient detail placement procedures for migrant workers that are performed either individually, at a Government to Government (G to G) level, or through limited-liability companies or agents.
In order to overcome this problem, Mrs. Wisnuwardhani recommended that all placement forms and documents should utilize the official form issued by the Government. A Revision of Law 39/2004 is also needed and should clearly set out the authority of central and local government as it relates to the protection and placement of Indonesian migrant workers.
Responding to these recommendations, Dede Yusuf, Chairman of Commission IX at the House of Representatives, said that the core revision to Law 39/2004 will hopefully strengthen the levels of protection afforded to Indonesian migrant workers. Currently, the responsibility to protect workers lies with private parties and private entities (Private TKI Placement Executive – Pelaksana Penempatan TKI Swasta-“PPTKIS”) PPTKIS. In the future however, this responsibility should be borne by the government according to Mr. Yusuf.
Mr. Yusuf is hoping that by the end of December 2015, the government will have finished compiling an inventory list of problems (Daftar Inventarisasi Masalah – “DIM”). Once this step has been completed, the President is expected to respond promptly and issue a Presidential Letter. “The House of Representatives will soon finalize and ratify new steps aimed at protecting migrant workers in early 2016,” Yusuf concluded.
(rfs/sp)
Ari Pramuditya, Ady Thea
Labor action. Photo by: SGP
The ASEAN Economic Community (“AEC”),which will be inaugurated at the end of this year, is likely to expose Indonesia to a high level of cross-border labor mobility, as workers begin to move throughout the ASEAN region. This will be a challenge not only for Indonesian workers within Indonesia, but also for Indonesian workers overseas. As a result of all this, many interested parties are expecting the government to create a set of policies designed to strengthen the protection of Indonesians working abroad (who are commonly known as TKI).
Up until the present, the protection of TKI has been regulated by Law No. 39 of 2004 on the Placement and Protection of Indonesian Workers Abroad (“Law 39/2004”). A number of criticisms have surfaced however regarding the level of protection afforded under this law, which is widely considered to be insufficient. Indonesian migrant workers continue to face many problems when they are working abroad, and have to put up with a lack of protection when such problems do arise.
Eni Rofiatul, a member of the Migrant Workers Network (“MWN”) at LBH Jakarta, believes that the protection currently afforded to TKI is not yet optimal. And this is in spite of the fact that the government ratified the 1990 United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families through Law No. 6 of 2012.
“It has been three years now since the convention was ratified, however there has been no significant improvement in the level of protection for Indonesian migrant workers,” Mrs. Rofiatul stated during a press conference held at the offices of LBH Jakarta on Tuesday, 15 December 2015.
Rofiatul noted that the government had also introduced a moratorium on the placement of migrant workers in several countries. Alas however, according to Rofiatul, this moratorium has not ultimately led to any decrease in the number of cases involving migrant workers. In fact, data provided by the Ministry of Foreign Affairs reveals an increase in cases involving human trafficking between 2011 and 2015. Mrs. Rofiatul explained that the average level of increase had already reached 52.5%.
“Indications of human trafficking come in the form of recruitment processes which are undertaken by parties other than limited-liability companies, document forgeries, the use of tourist visas (as opposed to working visas) and employers engaging in shifting practices,” explained Mrs. Rofiatul.
Savitri Wisnuwardhani, the National Secretary of the MWN, stated that talks held between ASEAN countries aimed at protecting migrant workers had been few and far between. This can be seen clearly in the currently stagnant discussions relating to the ASEAN Framework Instrument for the Protection and Promotion of the Rights of Migrant Workers. Theoretically though, a framework for the protection of migrant workers across the ASEAN region was sketched out in the Cebu Declaration of 2007.
“Without a comprehensive system of protection for Indonesian migrant workers in place, violence, exploitation and human trafficking involving Indonesian migrant workers will surely increase in the future,” stated Mrs. Wisnuwardhani.
Wisnuwardhani has urged that the revision of Law 39/2004 be immediately discussed in the context of the 1990 UN Convention. Protection for Indonesian migrant workers should be more comprehensive, Wisnuwardhani asserts, and that also includes their families. Unfortunately though, the current draft revision of Law 39/2004 is still not in line with international conventions. For example, the law still does not regulate in sufficient detail placement procedures for migrant workers that are performed either individually, at a Government to Government (G to G) level, or through limited-liability companies or agents.
In order to overcome this problem, Mrs. Wisnuwardhani recommended that all placement forms and documents should utilize the official form issued by the Government. A Revision of Law 39/2004 is also needed and should clearly set out the authority of central and local government as it relates to the protection and placement of Indonesian migrant workers.
Responding to these recommendations, Dede Yusuf, Chairman of Commission IX at the House of Representatives, said that the core revision to Law 39/2004 will hopefully strengthen the levels of protection afforded to Indonesian migrant workers. Currently, the responsibility to protect workers lies with private parties and private entities (Private TKI Placement Executive – Pelaksana Penempatan TKI Swasta-“PPTKIS”) PPTKIS. In the future however, this responsibility should be borne by the government according to Mr. Yusuf.
Mr. Yusuf is hoping that by the end of December 2015, the government will have finished compiling an inventory list of problems (Daftar Inventarisasi Masalah – “DIM”). Once this step has been completed, the President is expected to respond promptly and issue a Presidential Letter. “The House of Representatives will soon finalize and ratify new steps aimed at protecting migrant workers in early 2016,” Yusuf concluded.
Up until the present, the protection of TKI has been regulated by Law No. 39 of 2004 on the Placement and Protection of Indonesian Workers Abroad (“Law 39/2004”). A number of criticisms have surfaced however regarding the level of protection afforded under this law, which is widely considered to be insufficient. Indonesian migrant workers continue to face many problems when they are working abroad, and have to put up with a lack of protection when such problems do arise.
Eni Rofiatul, a member of the Migrant Workers Network (“MWN”) at LBH Jakarta, believes that the protection currently afforded to TKI is not yet optimal. And this is in spite of the fact that the government ratified the 1990 United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families through Law No. 6 of 2012.
“It has been three years now since the convention was ratified, however there has been no significant improvement in the level of protection for Indonesian migrant workers,” Mrs. Rofiatul stated during a press conference held at the offices of LBH Jakarta on Tuesday, 15 December 2015.
Rofiatul noted that the government had also introduced a moratorium on the placement of migrant workers in several countries. Alas however, according to Rofiatul, this moratorium has not ultimately led to any decrease in the number of cases involving migrant workers. In fact, data provided by the Ministry of Foreign Affairs reveals an increase in cases involving human trafficking between 2011 and 2015. Mrs. Rofiatul explained that the average level of increase had already reached 52.5%.
“Indications of human trafficking come in the form of recruitment processes which are undertaken by parties other than limited-liability companies, document forgeries, the use of tourist visas (as opposed to working visas) and employers engaging in shifting practices,” explained Mrs. Rofiatul.
Savitri Wisnuwardhani, the National Secretary of the MWN, stated that talks held between ASEAN countries aimed at protecting migrant workers had been few and far between. This can be seen clearly in the currently stagnant discussions relating to the ASEAN Framework Instrument for the Protection and Promotion of the Rights of Migrant Workers. Theoretically though, a framework for the protection of migrant workers across the ASEAN region was sketched out in the Cebu Declaration of 2007.
“Without a comprehensive system of protection for Indonesian migrant workers in place, violence, exploitation and human trafficking involving Indonesian migrant workers will surely increase in the future,” stated Mrs. Wisnuwardhani.
Wisnuwardhani has urged that the revision of Law 39/2004 be immediately discussed in the context of the 1990 UN Convention. Protection for Indonesian migrant workers should be more comprehensive, Wisnuwardhani asserts, and that also includes their families. Unfortunately though, the current draft revision of Law 39/2004 is still not in line with international conventions. For example, the law still does not regulate in sufficient detail placement procedures for migrant workers that are performed either individually, at a Government to Government (G to G) level, or through limited-liability companies or agents.
In order to overcome this problem, Mrs. Wisnuwardhani recommended that all placement forms and documents should utilize the official form issued by the Government. A Revision of Law 39/2004 is also needed and should clearly set out the authority of central and local government as it relates to the protection and placement of Indonesian migrant workers.
Responding to these recommendations, Dede Yusuf, Chairman of Commission IX at the House of Representatives, said that the core revision to Law 39/2004 will hopefully strengthen the levels of protection afforded to Indonesian migrant workers. Currently, the responsibility to protect workers lies with private parties and private entities (Private TKI Placement Executive – Pelaksana Penempatan TKI Swasta-“PPTKIS”) PPTKIS. In the future however, this responsibility should be borne by the government according to Mr. Yusuf.
Mr. Yusuf is hoping that by the end of December 2015, the government will have finished compiling an inventory list of problems (Daftar Inventarisasi Masalah – “DIM”). Once this step has been completed, the President is expected to respond promptly and issue a Presidential Letter. “The House of Representatives will soon finalize and ratify new steps aimed at protecting migrant workers in early 2016,” Yusuf concluded.
(rfs/sp)