APJATI: Sanctions against migrant worker companies must be developmental

The Indonesian Migrant Worker Placement Companies Association (APJATI) has stated that administrative sanctions against Indonesian Migrant Worker Placement Companies (P3MI) must be developmental in nature. APJATI Chairman Said bin Saleh Alwaini said the association supports law enforcement for every violation, but not shaming companies through the placement of stickers or publications that stigmatise them as if they have committed a criminal offence. “An approach that creates stigma has the potential to damage reputation, erode the trust of foreign partners, halt recruitment, and ultimately close job opportunities for prospective Indonesian migrant workers,” Said stated in Jakarta on Wednesday. He therefore highlighted the plan by the Ministry for the Protection of Indonesian Migrant Workers (KP2MI) to revoke the licences of 61 P3MI that have not carried out placements within one year. APJATI does not reject the enforcement of rules, but questions the fairness and proportionality of their application. According to him, most of the causes for the lack of placements are beyond the companies’ control and originate from the government side, namely the Middle East moratorium which has not been lifted, the slow approval of job orders to Japan, regulatory vacuums in several sectors, and the suboptimal service system. Thus, Said argued that imposing a licence revocation sanction for circumstances caused by government obstacles contradicts the principle of justice. “As long as the obligation is based on implementing regulations, its application must still adhere to the principles of proportionality and legal certainty,” he said. Secondly, every administrative sanction must comply with the general principles of good governance, including carefulness, proportionality, and non-abuse of authority, as stipulated in the Government Administration Law. Thirdly, he said the closure of official placement channels directly impacts Indonesian migrant workers because when procedural channels are closed, prospective workers are pushed towards non-procedural routes, which actually eliminates protection. He explained that this contradicts the spirit of Article 27 paragraph (2) and Article 28D paragraph (2) of the 1945 Constitution, which guarantee every citizen’s right to decent work and fair treatment. Therefore, APJATI requests that the planned policy to close 61 P3MI be reviewed by prioritising development, case-by-case verification, and granting a rectification period before the heaviest sanction is imposed. On the other hand, he noted that to date, KP2MI does not yet have a clear national standard operating procedure regarding the flow of receiving reports, verification, clarification, investigation, mediation, decision-making, and objection mechanisms. Reports from the public must be treated as initial information that must be professionally verified, not directly used as a basis to conclude a violation by a P3MI. “The KP2MI call centre function also needs to be strengthened as a means of objective problem-solving, not merely an entry point for imposing sanctions,” said Said. He expressed hope that President Prabowo Subianto would conduct a thorough evaluation of KP2MI’s performance ahead of the two-year mark of its transformation from BP2MI into a ministry. APJATI affirmed its position as a partner, not an opponent, fully supporting the agenda of protecting migrant workers, but demanding that policies affecting business continuity and employment be based on legal certainty, justice, and the general principles of good governance. Said conveyed that KP2MI’s success is not measured by the number of companies closed, but by faster services, clearer regulations, stronger protection for Indonesian migrant workers, more procedural placements, and the establishment of a healthy partnership with P3MI as the state’s main partner. He hopes President Prabowo will pay serious attention so that the institutional reform truly yields real change for Indonesian migrant workers.