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In fact in the last five years the placement of Indonesian migrant workers abroad
continued to increase until the average per year to reach 596,115 people. They spread in
Malaysia and Saudi Arabia, the rest to other countries like the United Arab Emirates
(UAE), Kuwait, Jordan, Hong Kong, Taiwan. With that quantity, workers have
contributed much to the national economy. Remitansi they reached USD 8.24 billion
(2008) or the first order in the service sector and ranked 2nd after oil and gas foreign
exchange earnings. Remitansi also contribute to the improvement of family welfare
workers estimated 16 million people. The amount of the contribution it makes workers
often referred to as a hero of foreign exchange.
Ironically, that contribution was far different from the quality of employment
protection in foreign countries they receive. Research Center for Manpower Ministry of
Manpower and Transmigration recorded in 2007 only 42% of Indonesian migrant
workers who completed the work contract, and 25% worked less than 2 years due to a
problem and leave. 15.7% during the placement of Indonesian migrant workers
experiencing problems, such as: experiencing physical violence, is not given a ticket
back to Indonesia, passports were withheld employer / agent, unpaid salaries,
communication difficulties and adjustments of local culture, excessive working hours,
sexual harassment, and rest and eating facilities, inadequate drinking. In terms of
working time, generally by Indonesian migrant workers in the UAE and Jordan did not
know the holidays and tend to be "stuck", during the contract. Over 60% of their work
above 12 hours a day.
Migrant Care (2007) also recorded 171 cases of death of Indonesian migrant
workers in various countries; 108 women, 61 men and 2 cases of unknown identity.
Organization of international migrant workers was also found 140 cases of Indonesian
migrant workers who become victims of violence; 125 women and 15 men.
1
this stage of pre-placement and post placement rather than placement. The root of the
problem is not optimal socialization function of potential recruitment of migrant
workers Indonesia which led to the readiness of Indonesia migrant workers is low.
Indonesia migrant workers are not "literate" people's rights and obligations.
Can not be denied if the prospective Indonesian migrant workers generally come
from rural, predominantly among the economically weak, with low education levels.
This condition eventually led to the deviation of the right of protection for Indonesian
migrant workers who ironically happened at each stage, namely pre-placement, during
placement and post placement.
2
By law, the government has issued legislation to ensure the protection of
Indonesian migrant workers such as the Ministerial Decree No. 138/Men/2000
concerning Amendment to Decree of the Minister of Manpower No.. Kep-
204/Men/1999 about Manpower Placement to Foreign Affairs, and Director General of
Development Decision Manpower Placement No. Technical Guidelines Kep-
107/BP/1999 Protection of Indonesian Migrant Workers in Foreign Affairs through
insurance, as well as minister Decree No. 104A / 2002 on Indonesian Migrant Workers
Placement of Foreign Affairs. Law No. 13/2003 on Employment, which then encourage
the implementation of Law No. 39 / 2004 on Placement and Protection of Indonesian
Migrant Workers in Foreign Affairs had tried to facilitate the "importance" of
Indonesian migrant workers in general. However, all the legislation is perceived less
supportive of the implementation is still the best protection for Indonesian migrant
workers.
The reason is the protection of Indonesian migrant workers abroad is clear about
the area so that penempatanya state jurisdiction can not sebetas bound by the laws of
Indonesia alone. This business has an international dimension related to the 1961
Vienna Convention, 1963 Vienna Convention on Consular Relations, the United
Nations convention on the protection of rights of all migrant workers and members of
his family, and other international legal instruments related to the protection of migrant
workers and Human Rights. Protection of Indonesian migrant workers is also related to
bilateral relations and the placement of legal subjects. In many cases the placement of
legal subjects often become a fundamental issue.
3
The fundamental difference between Indonesia and the Philippines is the
substance migrannya labor policy. If Indonesia is more focused on setting the
operational mechanism of the placement of migrant workers, ranging from the
establishment of procedures for Service Companies Indonesian Migrant Workers,
financing structures, and technical issues other; the Philippines have established efforts
to protect migrant workers as one of the main focus of its foreign policy, even been
dissected in the gender segmentation. Since June 1995, the Philippines has a law
protection of migrant workers, while the law only applied Manpower in 2003. When the
Philippine labor attache had been formed and crisis center set up in countries of migrant
workers placement, then Indonesia is still struggling in the division of authority between
the National Agency for the Protection of Migrant Workers Placement Indonesia and
the Ministry of Manpower and Transmigration.
In the future, the government of Indonesia needs to put all the political forces
abroad to bind the parties in foreign countries that share responsibility for the protection
of Indonesian migrant workers. Surely the condition would only occur if there is cross-
departmental cooperation, cross-sector, including the power of civil society
organizations in the country. This synergy is important for Indonesia should be able to
find opportunities in international forums so that the protection of Indonesian migrant
workers abroad can be improved.