The Association of Indonesia Migrant Workers [ABMI] saw that the crucial
point about amendment plan of law no 39/2004 was repeated failure in
recruitment system. Beside misleading information, document falsifying and
illegal placement of Indonesia workers and human trafficking. Law amendment
would be useless because since the very beginning the law had been the problem
of migrant workers. Law no. 39/2004 on Placement and Protection of Indonesian
Workers Abroad clearly ignore problem of migrant workers. “ The law also
explained delegation of authority of the Government to the private sector “
Retno Dewi of ABMI told Business News [22/2].
“ Laundering “effort by Govenrment officials in migrant workers
management was reflected in TKI placement expenses which was extremely high.
Effort of protecting migrant workers [ TKI ] abroad was also zero, the
institution in charge was not functional. “ on the contrary we see that the
protection bodies formed by the Indonesian Embassy had a flavor of business,
especially insurance business “ Retno Dewi was quoted as saying.
Revision of law no. 39/2004 only settled internal conflict and
strengthening of Government’s interest. ABMI continuosly reported cases of TKI
protection to the Ministry of Labor and Transmigration. “ Even from the very
start, the law was passed with out any academic text. So the amendment plan
still refer to law no 13,2003 on labor matters, was in no way on the side of
migrant workers “ Retno Dewi remarked.
Revision of Law no 39/2004 involved four ministries beside the Ministry
of Foreign Affairs and the Ministry of Labor and Transmigration. The four
ministries: the Ministry of Law and Human Rights, the Ministry of State’s
Personnel Empowerment, the Ministry of Burreaucracy Reformation, the Ministry
of Women Empowerment and Children’s Protection, and the Ministry of Internal
Affairs.” How could it be that six ministries were involved in Law making
without any paperwork being produced, while the Working Committee and Special
Committee should have stipulated passing of Bill by April”.
The working Committee and Special Committee would come to the
Finalization stage on February 26 next. Meanwhile Migrant Workers Activists
including ABMI were most worried about the direction of Bill Amendment. ABMI
with all the alliances abroad would continue to retaliate. The ABMI Alliance
especially those in Holland were most concerned about undocumented migrant
workers. “ All the problems of migrant workers remained unanswered in the Bill.
All of a sudden the Government would pass the Bill as Law. In that case, we
would fight back “ Retno Dewo said.
Meanwhile the Director of Overseas Workers’ Placement, Ministry of Labor
and Transmigration, Rostiawati stated that the spirit and directives for Law
no. 39/2004 was already in parallel with the spirit of activists of migrant
workers and non-governmental organizations [ LSM ]. The concept of placement
and protection of TKI was already written in the Bill which was to be passed as
Law. The case of TKI abroad was always viewed differently. Basically the
Ministry and the Activist of Workers Protection believed in the same principle.
“ We have set the matter forth at the meeting with activists, the nuance was
the same. The concept of protection in seen by placement or reverse. I see
differences because the case was debatable” Rostiawati disclosed to
BusinessNews[22/2].
Ratification of the Convention on Migrant Workers did not automatically
protect TKI abroad. The destination country did not ratify the convention so
the result for uplifting TKI welfare was also zero. “ In short, we see that the
stipulations for TKI protection is in that Bill but there is always debate. The
convention on migrant workers did not automatically protect TKI “.
Information on Revised Law no 39/2004 on Advocation Network sent to
BusinessNews disclosed that each year around 450,000 Indonesia citizens were
sent abroad to work as migrant workers. Now not less than 4 million Indonesian
Citizens worked as migrant workers. For the most pary, around 70% were woman
working in the domestic sector. However, the high number of Indonesian migrant
workers was not accompanied by quality of protection. The essential point of
TKI protection was not effectively schemed up by the Government. Death toll of
Indonesian migrant workers in Malaysia released by the Indonesian Embassy [KBRI]
in Kuala Lumpur showed that 513 TKI have died [2008]. The majority of them,
i.e..87.1%were documented and legal workers. They go by formal procedure as
written in Law no 39/2004; somehow even the formal route was still packed with
exploitations. (SS)
Business News - February 27,2013
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