Indonesian migrant rights group files legal bid to defend workers' rights

Jakarta-based rights group Migrant Care and a union representing Indonesian migrant workers have applied to intervene in a legal challenge against the republic's law on the protection of its citizens employed overseas.

When contacted, Migrant Care country representative in Malaysia Alex Ong confirmed that their application was filed at the Constitutional Court in Jakarta this morning.

In an earlier statement, the two groups said the challenge filed by Indonesia's Private Manpower Agencies Association at the Constitutional Court last November will effectively weaken protection of migrant workers.

"The Constitutional Court must carry out its role to protect the constitutional rights of Indonesian migrant workers to decent work," said the groups, citing the association's challenge against several provisions under Indonesia's Law No 18 2017 on Protection of Indonesian Migrant Workers.

It further cited an International Labour Organisation's definition of decent work which include work done on free will and with decent pay or generating a liveable income.

"Guarantees of a legal safeguard (for migrant workers) must be clearly stated in an agreement.

"The actual nature of employment that is exactly as stated in an employment contract is a non-negotiable condition of decent work," said the two groups which have a significant presence in Malaysia as one of the primary countries engaging Indonesian migrant workers.

According to the two groups, the association in its legal challenge is attempting to lower financial requirements to be granted an operating license as a private manpower agency, as well as lowering the sanction for private agencies found guilty of placing migrant workers in jobs not stated in their employment contract.

At present, the groups said any Indonesian companies that intend to operate as a private manpower agency must have a minimum capital of 5 billion rupiah (approximately US$365,000) and a minimum deposit of 1.5 billion rupiah with Indonesia's central bank.

In the event of a migrant worker being cheated or denied their rightful pay, the groups said the minimum deposit will be used to compensate them.

It further added that punishments of up to 10 years jail and 15 billion rupiah fine for private manpower agencies found guilty under the law was intended to end impunity and protect workers' rights to decent work.

The legal challenge will be heard in the wake of a case in which eight former workers of a Klang-based cleaning service company were returned to their hometowns in Indonesia on Feb 13.

Their deportation followed a consent order signed by their employer for payment of unpaid wages amounting to RM85,100.19, according to sources from Selangor Labour Department.

Upon the workers' return to Indonesia, Migrant Care had raised concerns over the alleged unfulfillment of their rights, despite a settlement reached through mediation by the Labour Department and witnessed by the Indonesian Embassy in Kuala Lumpur.

Migrant Care executive director Wahyu Susilo was previously quoted as saying that workers were only paid RM65,000 of the settlement.

"According to the victim's description, the amount of compensation and the claims represented by the Indonesian Embassy in Kuala Lumpur do not match," he said.

Migrant Care has also urged actions against the Indonesian agencies in charge of recruiting workers to be employed in Malaysia.

Malaysiakini has contacted the Indonesian Embassy in Kuala Lumpur for comments.

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