“Labor’s work is one area in which community livelihoods must be secured and protected by the state as the rights attached to someone as already mentioned in the 1945 Constitution.” This was stated by Vice Chairman of the Committee III Ahmad Jajuli when he opened a hearing (RDP ) discussing the material of the Bill (RUU) the amendment of Law (UU) No. 39 Year 2004 on Placement and protection of Indonesian workers overseas, by inviting the National Agency for Placement and Protection of Indonesian Workers (BNP2TKI), Legal Aid Institute (LBH) in Jakarta, and the Association of Labor Service Company of Indonesia (APJATI) at the GBHN Room Nusantara V DPD / MPR, Senayan, Jakarta, Wednesday (2 / 2 / 2011).

Ade Adam Noch, Deputy Placement of BNP2TKI, revealed that Law no. 39/2004 has less attention to the protection. Placement and protection must be understood in one breath. According to him, the protection of migrant workers (TKI) should have been existed since the recruitment process.

Related to the Amendment Bill of Law No.39/2004, BNP2TKI said that the institutional must be mounted in a clear roles and is given the authority to ensure that migrant workers are doing the process correctly and through one door. All this time, BNP2TKI consists of several agencies but can not take over the authority of these agencies so that when something happens, it does not have a full authority to impose sanctions. “BNP2TKI now hasn’t have full power,” he said.

While Rusdi Basalamah, Vice Chairman of APJATI argued that the formulation of the revised Law. No. 30/2004 requires a framework of thinking that is revolutionary because through its framework and its aplicative implementation for 4 years was not able to resolve the issue. Even according to him, there are multiple interpretations perceptions of all instruments involved in its implementation. “Regulations that are issued from Law No.39/2004 did not answer, even far from resolving the issue, so that it causes serious consequences because it is translated independently,” he explained.

Basalamah appraised that so far all the problems are easily be inflicted on PJTKI. “The point is that the most incorrect, the untrue is PJTKI, the most wrong one is PJTKI” he said. Whereas according to him PJTKI is only a small range of big issues and can only be run within the rules of the government regulation. “Not right, not fair if you put all these sins to us – private sector, “he said.

Similar to BNP2TKI, Nurkholis Hidayat, Director of LBH Jakarta, also said that the Law no. 39/2004 regulates more to the placement rather than substantive protection for migrant workers. Of the 16 chapters and 109 articles, the regulation regarding to the protection is only found in one chapter that consists of 8 articles and 14 acts. “So unbalanced,” he said.

Nurkholis considered that there has been a legal vacuum regarding to the protection of migrant workers for more than five years due to the absence of government regulation concerning to the Implementing Regulations. He also revealed that there is no regulation regarding to the procedures and mechanisms for handling cases of migrant workers with problems, which in this case inhibit access to justice for migrant workers.

In the last session of the meeting, Lalu Supardan (NTB) proposed that BNP2TKI, APJATI and LBH Jakarta in particular are granted with full intervention rights against this Bill because the three institutions have a strong input toward the Bill that is based on real experience dealing with migrant worker issues both domestic as well as abroad.

Tulisan ini tersedia dalam: Bahasa

Bagikan