The Ministry of Home Affairs believed that the country’s protection to
Indonesia Migrant Workers (TKI) had been optimal. But, the main problem is that
recruitment system was very bad. And, the Indonesian Embassies have worked
maximally to protect Indonesian migrant workers. “ Due to bad TKI recruitment
system, we (The Ministry of Foreign Affairs) suffered from the consequences”,
Wahid Supriyadi, economic and social expert staff of the Ministry of Foreign
Affairs, told Business News (3/8)
The Ministry of Home Affairs took an example of the condition of TKI in
Abu Dhabi, United Arab Emirates. There are many TKI who were underage, the
recruitment companies faked their age before departure. Wahid, who was a former
Indonesian ambassador in Abu Dhabi, admitted that he once directly asked a TKI.
“When I asked her, she said that her age was 14, but in the passport it was
written 21. So, here is the problem, fake passport, low skills, and other.”
Another problem is that TKI to work as domestic helper (housemaid)
reaches 75 percent of total TKI abroad. The remaining 25 percent are
semi-skilled. This condition is contrary to Philippines migrant workers in many
placement coutries. “We took a detailed list of 900 problems of TKI overseas,
70 percent out of them are due to recruitment system and other factors in the
country.”
Due to imbalance in the number of TKI in formal and informal sectors,
remittance to Indonesia only reached approximately Rp7 billion. While, the
Philippines, with the same number of migrant workers, total remittance could
reach approximately Rp.24 billion. A formal worker in Abu Dhabi could receive
salary 10 times higher than domestic helper. “ And , informal TKI did not
receive maximum protection.”
The Ministry of Foreign Affairs also believed that the attempt of Apjati
(Indonesian Manpower Services Association) in maximizing Perwalu (Overseas
representative) was in vain. Because the Indonesian Embassy itself has been
highly representative in enhancing protection and welfare of TKI.
The Ministry of Foreign Affairs believed that whether on not Perwalu
exists, the problem is in lawyer’s cost. When there is a TKI facing problem,
cost of lawyer is very expensive. “ The existence of Perwalu is unnecessary.
The important thing is there is sufficient fund for lawyer’s cost”.
The Ministry of Foreign Affairs believed that the attempt to protect TKI
was serious. But, there is problem in differenced in the legal system and
application of law on migrant workers, particularly in the Middle East. The
Ministry of Foreign Affairs has submitted a draft MoU (Memorandum of
Understanding) to placement country United Arab Emirates (UAE), for TKI
protection. But, until now, UAE has not responded so the draft MoU remained
unsigned until now.
Concerning TKI protection, Indonesia has referred to Law No. 39/2004 on
Placement and Protection of Indonesia Workers Overseas (PPTKILN). But, the law
will not create any benefit if there is no MoU. Some countries in the Middle
East only rule about maximum protection, including miscellaneous facilities for
semi-skilled or professional workers. In the laws prevailing in the Middle
East, a domestic helper is considered as a family member. And, the laws
stipulate that a professional worker may report or sue her employer treated her
unfairly. But, a domestic helper cannot because she is considered as a “family
member”.(E)
Business News - March 13,2013
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