Mon, 26 Aug 2002

Govt admits negligence in TKI case

The Jakarta Post, Jakarta

The Minister of Justice and Human Rights Yusril Ihza Mahendra admitted on Sunday the government's negligence in dealing with illegal Indonesian workers (TKIs) in Malaysia.

"In February 2002, we conveyed (to the relevant agencies) the result of a joint commission meeting with the Malaysian government, but it was not followed up," Yusril told Antara in Mataram, West Nusa Tenggara on Sunday.

"The issue of illegal workers must be resolved immediately. So far, we (the government) have not done much," said Yusril, without revealing the names of the agencies that failed to follow up the result of the joint commission meeting.

Hundreds of thousands of Indonesian migrant workers fled Malaysia early this month, after Malaysia implemented a strict new Immigration Act on Aug. 1, 2002 that seeks harsher punishments -- caning, fines and imprisonment -- for foreigners working illegally there.

The House of Representatives (DPR) and labor activists have roundly criticized the government for its poor handling of the returning migrant workers, dozens of whom, including children, had died in squalid camps in Nunukan, East Kalimantan since the end of July.

The government had allocated a total of Rp 30 billion to help returning illegal workers reach their home provinces.

According to Yusril, Indonesia and Malaysia had agreed on Feb. 20, 2002, more than five months before the new immigration law took effect, to settle the issue of illegal workers through a joint agreement, but no follow-up was made on the issue.

Four Indonesian workers reportedly received two strokes of the cane and were jailed for six months, while another had one stroke and a six-month jail term. They are to be deported after serving their sentences.

Amien Rais, chairman of the People's Consultative Assembly (MPR), the country's highest legislative body, has criticized the tough laws as inhuman and biased against Indonesians.

The massive exodus of Indonesian workers created severe labor shortages in Malaysia, prompting the authorities there to lift a ban on the recruitment of Indonesian construction workers in the middle of this month.

Nearly 90 percent of construction workers in Malaysia are Indonesians and half of them do not have valid work permits.

Meanwhile, the National Awakening faction in the House sent a team to Kuala Lumpur, Malaysia, on Sunday to seek political backing from the ruling United Malays National Organization (UMNO) to pardon TKIs already sentenced to caning.

The team is headed by faction chairman Rodjil Gufron, with members including legislators Anshor Cholil and Ahmad Mudatsir, as well as Ichsan Abdullah of the National Awakening Party's legal affairs department.

"The National Awakening faction is seeking UMNO's political support to pardon illegal TKIs because they only violated administrative requirements and did not commit any crimes," Gufron was quoted by Antara as saying on Sunday.

The team also planned to meet with illegal TKIs believed to still be in hiding.

"We hope to offer a comprehensive solution to the question of illegal workers to the government," said Gufron, adding that his team would also visit TKIs now living in squalid camps in Nunukan, East Kalimantan.

Malaysian authorities were on the defensive on Saturday after the caning and jailing of illegal immigrants drew concern from Indonesia.

As a sovereign and independent nation, Malaysia has the right to enforce laws on illegal immigrants to safeguard its own interests, Bernama news agency quoted Minister of Defense Najib Razak as saying.

Malaysia was firm about enforcing tougher penalties, under amended immigration laws made effective on Aug. 1, but was not biased against a particular country or group, Najib added.

"I hope no one will act irrationally in response to policies implemented in our country," Najib said.