PROTECTION FOR INDONESIAN MIGRANT WORKERS CONSTANTLY ENHANCED

The case of protection for Indonesian Migrant Workers (TKW) were mostly still viewed with pessimism in spite of great effort being done. One of the endeavors was making of the film about TKI or TKW which was expected to emotionally move the audience to care. One of the film producers, Lola Amaria admitted that the movie about TKW in Hong Kong did not automatically bring solution. On the contrary the producer saw that the actual condition of migrant workers (TKW) was a reality, while hoping there would be a change of paradigm among the people and all stakeholders “I have never seen any solution in protecting TKW. I only capture a real situation of TKW in Hong Kong which I sum up and make a drama about it” Lola disclosed to Business News (7/12).

The Parliament of RI had just set up a special committee for Bill on Protection for Indonesian Migrant Workers Abroad (PPILN). The Parliament was expecting that Special Committee would be a form of committee to give full protection to TKI. Although TKI were supposed to be protected of their rights they were often treated as milky cows by officials or individuals who took illegal collections in the placement procedure aboard.

But Lola as producer claimed she was not pessimistic but realistic instead. Meanwhile the process of making of the movie entitled “One Sunday Morning in Victoria” drained energy, time and money. In other countries when a film was at production stage, there was usually appointed sub-contactor to do execution. All producers had to do was to order, appoint a professional or company to execute film production. “But the problem is usually money”.

Lola admitted that Hong Kong was chosen as because it has a positive image. Generally the condition of TKI in Hong Kong was better than Malaysia or the Middle East. TKI in Hong Kong could speak the Cantonese dialect, and they were free during week and. “Through this film I wish ro convey that the strong woman is like TKW in Hong Kong or Taiwan.” Lola remarked.

The problem of Indonesia TKW should not be seen partially, the cases that occurred in Malaysia and the Middle East did not necessarily represent the world. The impression of employers in Malaysia and the Middle East were already bad. TKW were reported as being tortured, raped, or being unpaid. “I do not wish to make a movie of TKW being tortured. There is the positive side of overseas employment, the case in Hong Kong is the example” Lola said.

Lola admitted that as fellow woman she believes that the spirit of TKW was admirable. Woman from East Java who never even visited Jakarta ventured abroad to find bread and butter. For a year or two they had to stay away from their families and face a change of seasons and climate. “I am a woman myself an I am not sure I have the strength to move from a two-season to four season country and be far away from my family, so I decided to make this film Victoria there is more positive side to it that to view cases of TKW harassments in Malaysia and the Middle East.” Lola was quoted as saying.

Meanwhile House member Poempida rated there was no Government commitment in protecting TKI. There were so many problems experienced by TKI aboard like unfulfilled TKI rights, cases of rape and molesting, murder etc were all indicators of low Government’s performance in protecting Indonesian migrant workers (TKI) aboard.

So far insurance companies were not giving any substantial protection to TKI. Problems arose when TKI found it hard to make their insurance claim although they had fulfilled all the requirements. This was suspected on account of business interest among insurance consortium which had the implication of TKW being disadvantaged as insurance companies made the procedure difficult for TKW to make their claim.

For that matter it might be necessary to run a mechanism for TKI protection by setting up some sort of funding institution without insurance mechanism. “It is necessary to set up some kind of Social Insurance Body (LPS) for TKI with the fund taken from The State Budget (APBN)” Pempida disclosed to Business News (1/12).

Ex Gratia practices could be seen in some insurance practices with were most disadvantageous to TKI, among other the Ex-Gratia mechanism which was company’s obligation to play claim but was not regarded as company’s obligation. As a form of company’s goodwill to pay claim, the insurance company might refrain from paying claim in full amount to customers. Meaning the insurance consortium might reason that the TKI had not fully met the requirements for making claim. All in all the essence of protection for TKI by insuring system itself must be questioned.

In the Law if Insurance Business No. 2 1992 Ex-Gratia practices was not regulated and the mechanism was not even mentioned. Practices which were not regulated in the Law were loopholes for insurances companies to deny TKI’s claim and was therefore a form of oppression to TKI. Insurance companies could easily argue that the insured customers had not fulfilled to requirements and therefore payments could not be fully made.

In reality, insurance brokers earned fee of 50% of total fee paid to the insured. This fee mechanism was not even regulated in the Ministerial Regulation, so the mechanism was not clear and full of grey areas and therefore tend to disadvantage TKI. Of the Rp 400 thousand premium paid by TKI half of it was fee collected by insurance brokers. Meaning the premium paid was more used for paying brokers’ fee and yet in reality it was not easily for TKI to make their insurance claim.

Business News - December 12, 2012