Overview of Indonesia's Overseas Workers Protection

01 Jan 2006 04:53

Overview of Indonesia's Overseas Workers Protection

Introduction
The sending of Indonesian workers abroad began in 1887 when the Dutch colonizers in the country employed Indonesian labour for their other colonies like Suriname, Caledonia, and the Netherlands itself. Known then as “kuli kontrak” or “contract labour”, changes in the recruitment process only began in 1970 when the Government Decree No. 4 1970, better known as ”Antar Kerja Antar Daerah” and “Antar Kerja Antar Negara”, was issued.
Following the implementation of the law, the private sector began participating in sending workers overseas as partner of the government, which aimed to help reduce unemployment in the country. Private individuals and agencies involved in sending overseas workers later formed the Asosiasi Pengerah Jasa Tenaga Kerja Indonesia (APJATI) or Association of Indonesian Manpower Agencies. As a result, the export of labour abroad became not only a regional programme but also national, which finally became a strategic alternative policy in the field of manpower.
Giving protection to overseas Indonesian workers is an obligation of the government. To ensure such protection has far-reaching results, the Department of Foreign Affairs recently created the Directorate for Protection of Indonesian Citizens and Legal Entities. The chief task of the directorate is to coordinate, plan, and implement technical policies on the protection of Indonesian nationals and legal entities abroad, as well as to assist Indonesian workers for a safe return to their respective villages.
The sending of workers abroad in the past two decades had clearly indicated that, although export of Indonesian labour contributed to the national economy, a number of problems have also emerged and need to be addressed seriously. It must be noted that no special funds have been allocated to help solve any problem concerning Indonesian workers abroad. Therefore, an optimal and integrated system of assistance must be established correctly in order to minimize problems, like cases of repatriation.
Studies show that issues and problems concerning Indonesian overseas workers begin at the recruitment stage. Common problems committed are age fraud, mismatch of job supply and demand, fake credentials, anomalous travel document arrangements like over-priced airline tickets, over-blown miscellaneous fees, etc. So far no clear-cut protection policies had been drawn up for the overseas workers, and if there is any, the Department of Foreign Affairs, who is at the front line in any problems concerning overseas workers, had not been consulted.
To come up with an effective protection system for Indonesian citizens and workers abroad, a comprehensive review on government policies regarding the export of Indonesian labour must be made. A smooth coordination between and among related agencies and departments needs to be well established, and bilateral agreements must be made between Indonesia and countries using Indonesian manpower. Moreover, special funds must be allocated to ensure that the protection system works.
Since most problems of the Indonesian workers abroad cover several agencies and departments, proper coordination and channels must be established between and among agencies, including the Department of Foreign Affairs. However, it must be stressed that all problems concerning overseas workers must be solved by the agency with which the workers were recruited. The Indonesian foreign office may receive complaints or problems concerning the overseas workers and recommend solutions, but it is the duty and obligation of the recruitment agencies to solve the problems of its workers sent abroad.
A special team comprising of officers from the consulate, manpower, information and defence must also be set up in order to hasten problem-solving coordination.
Legal Basis
Law No. 37 1999 on Foreign Relations, Chapter V:
Article 18 states that: a.) the Indonesian Government protects the interests of all Indonesian nationals and legal entities abroad; b.) the protection is given in accordance to International Law and Convention.
Article 19 states that: a.) the Indonesian Government should promote unity and harmony among Indonesian citizens abroad; and b.) it is the duty of the government to provide protection and legal assistance to Indonesian citizens and legal entities abroad in accordance to International Law and Convention.
Article 20: In case of conflicts that involve Indonesian nationals or its legal entities abroad, the Indonesian foreign office is obliged to resolve it first through deliberation and in accordance to the law.
Article 21: In case of threats that endanger Indonesian nationals abroad, the Indonesian foreign office is obliged to give protection and assistance, as well as a safe place to stay, and exert all efforts to repatriate them. Repatriation expenses are to be borne by the state.
Article 22: In cases of war or termination of diplomatic relations with a certain country, a Minister or a designated official appointed by the President coordinates efforts to secure and protect national interest, including Indonesian citizens.
Article 23: The implementation of the regulation stated in Article 21 and 22 is carried out through cooperation with local government or other countries or related international organization.
Article 24: (1) It is the duty of the Indonesian foreign office to record the location and to issue a letter certifying birth, marriage, divorce and death of Indonesian nationals and to conduct consular task within the accredited region. (2) In case of marriage and divorce, the letter can only be issued if the case has been settled according to the prevailing local law.
Summary of problems and issues concerning overseas workers:
The problems and issues concerning Indonesia’s overseas workers can be categorized as follows :
Information problem Information on legal procedures about working abroad as contract workers is considered to be ineffective. The workers either do not fully understand the said procedures or are unaware that such procedures exist. A significant number of Indonesian workers abroad are considered illegal because they do not have proper documents, which could be 1) illegal work permit; 2) illegal stay permit; 3) change of employer without proper notification, etc.
Regulations problem The policy on Indonesian overseas workers is still implemented through Ministerial Decree no. 204/1994 and No. 104A/MEN/2002, both of which are deemed limited and are often neglected by parties or agencies involved in sending workers abroad. A strong law on Indonesian overseas workers must be passed by the House of Representatives and signed by the President.
Quality problems In general, the criteria used in recruiting Indonesian workers is far below the standard set by the receiving country. Indonesian workers abroad have lower quality skills and English language competency, making them suffer in the global labour market.
Recruitment process problems The Indonesian recruitment agencies have been tainted by unprofessionalism, with a number of them simply acting as labour brokers. As a result, this creates various problems and totally undermines the protection program created for the Indonesian workers.
Coordination problems The sending of Indonesian workers abroad requires strong national commitment wherein all concerned, departments, agencies and other related sectors work closely to ensure effective coordination.
Suggestions To solve the problems mentioned above, the Department of Manpower and Transmigration is taking the following steps :
consider the demand and supply of Indonesian workers abroad
upgrade the recruitment system
draft a law that puts premium on the protection of Indonesian workers abroad
Success
To ensure success of the efforts taken as mentioned above, strategic steps should be formulated with focus on the following :
enhance coordination between and among related agencies, both local and national levels, along with the involvement of competent NGOs
enhance monitoring procedures, evaluation and indiscriminate implementation of the law
provide effective and efficient protection for the Indonesian overseas workers
improve the quality of Indonesian workers
Response
In response to the problems and issues on Indonesian overseas workers, the Department of Foreign Affairs have carried out the following policies on the basis of :
Home protection. This includes the legal framework along with the improvement of existing regulations on Indonesian workers. Laws for migrant workers should be immediately established and become the guidelines in recruiting and sending workers abroad.
Review the complexity of the problem and approach the problem in a cross-sector and institutional manner.
Foreign protection
The Indonesian foreign office must be delegated to protect the workers and execute all the technical and management policies on overseas workers.
Technical policy includes classification of cases, namely civil, criminal, and state cases and immigration violation. Management policy includes professional matters and administrative system, which handle the problems comprehensively.
Budget Allocation
To deal effectively with the problems concerning the Indonesian overseas workers, the Department of Foreign Affairs require special budget for :
legal fees
repatriation of abandoned Indonesians abroad
humanitarian aid.