The regulation might be less effective because a vast number of Indonesian migrant workers are illegal, and many are victims of human trafficking.
By
Jakarta
The Manpower Ministry issued Ministerial Regulation No. 4/2023 (Permenaker No.4/2023) in February to expand access to occupational-based social security for Indonesian migrant workers, which is a good intention. Nevertheless, some problems might compromise the regulation from achieving its good intentions which must be addressed by the government.
This regulation covers 21 types of risk, an increase from 14 risks in the previous regulation it replaces (Permenaker No.18/2015). The schemes offered to migrant workers are similar to social security schemes already available for Indonesian (non-salaried) workers at home. The schemes are work-accident benefits (JKK), old age savings (JHT) and death benefits (JKM), with different mechanisms, to pay a contribution and to claim.
Migrant workers need to pay a one-time contribution before they depart to their destination country, subject to the duration of their employment contract. JKK and JKM schemes protect workers from pre-departure, during their work abroad, and after leaving the host country, or if the worker incidentally got injured, for a maximum of a 24-month contract, with possible extension. Workers’ families could also access the benefits in the form of scholarships for their children if they pass away during work.
While it is indeed an improvement, a brief overview of this regulation shows some problems. First, the regulation negates the role of employers in migrant workers’ protection. In this regulation, employees are the only parties responsible to pay contributions while employers have no obligation to do so.
Second, migrant workers might find some technical challenges to access the benefits abroad since the Indonesian government has yet to establish social security offices abroad, not even in countries such as Singapore or Malaysia which host the largest number of Indonesian migrant workers.
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