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Jakarta Post

New law on migrant workers gives fresh hope

From now on, all regional administrations will bear responsibility to carefully prepare and assist residents wishing to become migrant workers after the House of Representatives approved on Wednesday a new law that requires them to do so

Margareth S. Aritonang (The Jakarta Post)
Jakarta
Thu, October 26, 2017

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New law on migrant workers gives fresh hope

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rom now on, all regional administrations will bear responsibility to carefully prepare and assist residents wishing to become migrant workers after the House of Representatives approved on Wednesday a new law that requires them to do so.

In order to boost their competitiveness and the protection of migrant worker rights, the law on the protection of Indonesian workers abroad (PPILN) also obliges regional administrations to provide skills training and to ensure they secure proper work placement.

“The new law serves as an integrated legal umbrella that places the duty on regional administrations to manage issues regarding migrant workers,” Manpower Minister Hanif Dhakiri said after the plenary session.

Hanif explained that the law aimed to guarantee the rights of all migrant workers by requiring local administrations to take comprehensive measures to properly prepare workers before departure.

The law also aims to ensure the rights of migrant workers during their employment period overseas. Article 41, for instance, requires local administrations to provide comprehensive reports on the performances of the companies responsible for worker placements.

The reports must be regularly submitted to governors, who will later report to the central government. If problems emerge, local administrations are fully responsible for ensuring workers return home safely.

With increased duties given to local governments, the PPILN law thus minimizes the role of recruitment and placement companies, which have been blamed for the long-standing problems surrounding the protection of Indonesian migrant workers.

Activist Anis Hidayah from Migrant Care said the “dominant role of the private sector” had led to the rampant violations encountered by Indonesian workers abroad.

“The new law will make things better as private sector actors will only be involved in the placement of workers,” Anis told The Jakarta Post.

Anis also lauded the provision that registration processes be provided free of charge. Article 30 says that no payment should be imposed on migrant workers until they are able to obtain a placement.

Anis said the new regulation would also help workers avoid loan sharks. Currently, a worker who plans to work in Hong Kong, for example, must pay at least Rp 40 million (US$2,960), she said.

Democratic Party lawmaker Dede Yusuf Macan Efendi who chairs the House’s Commission IX on health and manpower affairs assigned to deliberate the law, said the new law was also intended to help address the growing challenges regarding the management and placement of migrant workers abroad.

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Key points in new law on migrant workers:

• Protection of the rights of workers and their families to assemble and communicate

• Obligation to participate in the Healthcare and Social Security Agency (BPJS Kesehatan) and Workers Social Security Agency (BPJS Ketenagakerjaan)

• Harsher punishments for officials and corporations found guilty of violating the law

• Civil society organizations (CSO) granted roles to help protect migrant workers

• Obligation to include in employment contracts a guarantee of security and protection during employment

• Roles of village administrations in the verification and monitoring of prospective migrant workers and their families during employment

• Prohibition of state officials to hold a second job in recruitment businesses

Source: Migrant Care

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