Tue, 24 Dec 1996

Foreign residents

Guess what? There is justice for foreign residents in Indonesia! However, it is one of the best-kept secrets around. I wonder why? The usual speeches we get once we move in or start working are enough to make your hair fall out. Contracts here mean nothing. There is no end to the dangers you are subject to from immigration. Foreign residents have no rights, no recourse, no hope of getting a fair shake. You must steel yourself to being victimized: Complaining will only result in your being put in irons and deported. Pucky.

The really bizarre thing is that most of these horror stories are disseminated by foreign residents who "heard a friend say that a friend of a friend who had a friend once..." When you decide to contest unfair treatment, the stories only get worse. Justice costs money. Sometimes you don't win. True, in some cases, but not true in others.

But, hey -- this is also true in the States. A case in point. Two foreign men married to Indonesian women, with babies caught in the citizenship trap. Both faced with deportation. When the first coupled appealed to immigration, the officer laughed heartily and said, "No way are we going to agree to deport you. Not with a three-month-old baby!" He stayed. The baby stayed. And it didn't cost a penny.

The second was forced to exit. His problem, however, had to do with his employer's delay in the handling of his papers. So both he and his baby were "illegal". A woman is fired from her job and told she will be deported within a week. Immigration says: "Excuse me -- but we decide who stays and who goes -- not the employer." A woman is told that foreign workers are not entitled to maternity leave. Depnaker grins and says, "I beg your pardon?" She got her maternity leave.

A company attempts to demote staff on a long-term contract. Depnaker says, "No, sorry. You can't do that." Staff is retained on the original contract. So, what's the deal? For every "success" story, there is probably a "disaster" one to match. The point is that we should not blindly believe third, fourth or even fifth party reports. Even what we see in the newspapers should be taken with a grain of salt, because we are not made privy to all the factors involved.

If we, as foreign residents, wholeheartedly swallow "information" that we are powerless here, we deserve whatever happens to us. If we are within the parameters established by law in Indonesia -- (whether we like them or not) -- we do have recourse, and we can expect to be treated fairly. I won't lie to you -- the experience is somewhat like willingly jumping into quicksand, all the while holding on to the firm belief that you will be rescued. Not pleasant. But, I'll tell you what -- it is worth it.

MORGAN CHAMBERLIN

Jakarta