Government Urged to Take Firm Action

KOMPAS/DAHLIA IRAWATI

Members of Pertakina (association of former Indonesian migrant workers) of Blitar regency, East Java, gathering in an exhibition of their products. Pertakina is a community that provides assistance for Indonesian migrant workers, former Indonesian migrant workers and the families of Indonesian migrant workers.

JAKARTA, KOKMPAS – Indonesia continues to suspend sending migrant workers to Malaysia over the breach of an agreement signed in early April 2022. The government is expected to remain firm and to refrain from making any compromises related to the principles of worker protection that have been agreed.

Indonesia stopped sending migrant workers to Malaysia on 13 July 2022 in response to Malaysia’s breach of one of the key clauses in the memorandum of understanding (MoU) on the placement and protection of Indonesian domestic workers in Malaysia.

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It was found that Malaysia is still using the Maid Online System (SMO), which allows migrant workers to be hired directly without a work visa. The Malaysian immigration office’s domestic worker recruitment system (PRT) has a history of mistreating prospective migrant workers during the recruitment process.

The fact that the SMO is still in use also contradicts one of the most important clauses of the MoU Indonesia and Malaysia signed in early April, which is to recruit migrant workers through the One Channel System.

They must not make a compromise on at least three things as regards the protection of migrant workers stipulated in the MoU.

Migrant Care executive director Wahyu Susilo said on Sunday (24/7/2022) that the government must remain firm in diplomatically lobbying the Malaysian government. They must not make a compromise on at least three things as regards the protection of migrant workers stipulated in the MoU.

First is ending the use of the SMO and committing to use only the One Channel System to send migrant workers to Malaysia. Second is the minimum wage for domestic workers, set at RM 1,500. Third is strengthening the legitimacy of the MoU as an instrument to protect migrant workers through other similar international deals.

“When negotiating with Malaysia, these are the three things we must maintain. The government must show firmness and courage in fighting for the protection of Indonesian migrant workers,” said Wahyu.

ANTARA FOTO/SEPTIANDA PERDANA

An officer wearing protective gear checks the temperature of an Indonesian migrant worker who arrived from Malaysia during quarantine to prevent the spread of coronavirus disease (COVID-19), before getting exercise at Soewondo air base in Medan, North Sumatra province, Indonesia, April 11, 2020.

According to Wahyu, Indonesia still has the upper hand because Malaysia is currently experiencing a shortage of migrant workers following the Covid-19 pandemic. Malaysia is in dire need of migrant workers from Indonesia, particularly for its palm oil, domestic service and manufacturing sectors.

“They bluffed about recruiting [migrant workers] from other countries when in reality, their labor market needs [workers] from Indonesia. The government needs to be aware of this in its negotiations,” he said.

From the beginning, according to Wahyu, there were signs that Malaysia would not uphold its end of the agreement. Thus, civil society groups and advocates of migrant workers’ rights had called on the government to not rush into signing the MoU before Malaysia had demonstrated its clear commitment. “We can now see that their commitment is weak,” he said.

Harming good faith

Chief expert staffer Fadjar Dwi Wisnuwardhani at the Executive Office of the President said that violations of the bilateral MoU must be respected and dealt with in accordance with the

commitments made. The violation of the MoU is deemed to have harmed the good faith that had been built by the leaders of the two countries.

This practice prevents the government from maintaining a database on Indonesian migrant worker.

Moreover, the SMO is managed directly by the Malaysian government through the immigration office at its Home Affairs Ministry. The system, which allows migrant workers to convert tourist visas into work visas, leaves migrant workers vulnerable to many issues. This practice prevents the government from maintaining a database on Indonesian migrant worker.

This situation also makes it difficult for the Indonesian government to provide protection for migrant workers when they encounter problems, such as passport detention by employers, salary deductions and the absence of work contracts. “[This is because of] weak law enforcement for illegal foreign workers in Malaysia,” said Fadjar.

The Executive Office of the President hoped this issue would be resolved as soon as possible in order to strengthen the protection and increase job opportunities for prospective Indonesian migrant workers.

Fadjar believes that the Malaysian government fully intends to respect the MoU. This was reflected by the attitude of Malaysian Prime Minister Datuk Seri Ismail Sabri Yaakob, who recently ordered the Home Affairs Ministry and Human Resources Ministry to resolve the issue of Indonesian migrant workers in Malaysia.

FRANSISCA ROMANA NINIK WERDININGSIH

Malaysian Prime Minister Datuk Seri Ismail Sabri Yaakob

As of Sunday (24/7), the two governments were still communicating to resolve the issue. Manpower Ministry Secretary-General Anwar Sanusi said the government had asked for the Malaysian government’s serious commitment as stated in the MoU.

“So far, the communication has been intense. We hope their commitment can be renewed soon, so it can be realized and monitored properly. As of now, Malaysia continues to be quite responsive,” said Anwar.

(This article was translated by Kesya Adhalia)