Ninik Rahayu
Ombudsman of the Republic of Indonesia
ninikrahayu@yahoo.co.id
Abstract
Working abroad to improving a better life is a right that guaranteed by the Indonesian Constitution, namely UUD 1945. In last 5 years, BNP2TKI noted there were 4.5 million Indonesian peoples working abroad and the majority are women workers. Migration in Indonesia context more driven by poverty and lack of access to have decent work. Indonesia has Law No. 39 2004 concerning the placement and protection Indonesian migrant workers. But the implementation of this act not effective enough to protect all the migration process since from their village until arrive in the destination country.
Every year Indonesian government have facing many problem of migrant workers especially women migrant domestic workers. According to the Indonesian civil society organization report, number of cases has not decreased and some case can not handled properly. Various problem is a physical violence, sexual abused, slavery, and women trafficking. Some of them get a death penalty in destination country without obtaining legal aid. Indonesia Foreign Ministry documentation shows that the majority of the 278 migrant workers Migrant domestic workers under sentence of death in Malaysia, Saudi Arabia, China, Singapore, and Qatar.
By 2012 the Government of Indonesia has ratified the 1990 UN Convention on the Protection of Migrant Workers and Members of Their Families in the Act Mo. 6 Year 2012. Ratification is a concrete step forward and decided upon by the Government of Indonesia as a hope to execute its mandate to protect Indonesian citizens who become migrant workers abroad. Through this convention is also expected to draft Protection of Migrant Workers Abroad as the amendment of Law No. 39 of 2014 refers to the standard terminology or convention protection of migrant workers and members of their families. But the process of formulating the draft also goes a very long and full apology political process. The bill is nearly 10 years experience out in the national legislation program. The processes of discussion in parliament more stagnant on the issue of migration business interests, which had been the Law 39/2004 give maximum space to the private sector (Perusahaan Pengerah Tenaga Kerja Indonesia Swasta, PPTKIS).
This paper will provide an overview of how the migrant worker protection policies should govern all forms of protection for migrant workers, especially women workers who often get violent and problems when they are working from their village, then working in the receiving country and the problems when they return to their villages. Including identifying several laws that also deals with the problem of migration such as the Law Eradication of Trafficking in Person, and other regulation. Paper is structured also to participate in the Summer Conference “Human Rights in South Asia: Are We Moving Backward?” Where migration is one of the important issues in Asia and what concrete efforts were needed to build the cooperation of civil society groups, governments ASEAN-states also have a framework that can ensure the protection and migration that is safe for everyone.
Keywords: Migrants, Women Migrant Workers, Bill of Indonesian Migrant Workers Protection, the UN Convention of 1990, harmonization of policies.