Govt insists on suing Malaysian employers

Muninggar Sri Saraswati, The Jakarta Post/Jakarta

The government insisted on Friday it would sue Malaysian employers who refused to pay their undocumented Indonesian workers, despite calls from Malaysian officials to back down from the plan.

Speaking after a limited Cabinet meeting, Minister of Justice and Human Rights Hamid Awaluddin said the government would hire Malaysian attorneys to defend unpaid workers, and that Indonesia was determined to settle all labor disputes according to existing laws.

"We want to settle the disputes according to the law, which bind both workers and employers. We will hire lawyers to deal with any possible legal issues in Malaysia, including the unpaid salaries of workers," he said.

Hamid said he did not think the Malaysian government would object to the plan.

"We are on the side of those who want to abide by the law. Anyone working illegally there will be punished, and so will those who hired them," he said.

There have been conflicting messages coming out of Kuala Lumpur in response to Indonesia's plan. Deputy Prime Minister Najib Razak was quoted by news reports urging Jakarta to think twice before filing any charges against Malaysians.

"I am surprised (by their action) because they are here illegally. I am surprised that illegal workers want to take action against their employers," Bernama newswire quoted Najib as saying.

The New Straits Times quoted Malaysian human resource minister Fong Chan Onn as saying a more practical approach should be taken to resolve individual cases amicably.

"My advice is for them not to sue. If the workers' plight is brought to our attention, we will talk to their employers and advise them to pay their salaries," Onn said.

Prime Minister Abdullah Ahmad Badawi, however, said Indonesia should take whatever legal action it considered necessary.

President Susilo Bambang Yudhoyono is scheduled to meet with Badawi on Feb. 14 in Kuala Lumpur, with the issue of illegal workers expected to top the agenda.

Separately, Vice President Jusuf Kalla said the Indonesian government simply wanted to protect the rights of its workers, particularly those who had yet to receive their salaries from their employers.

"Workers have the right to be paid. (Malaysian employers) cannot escape their obligations just because the workers are undocumented," Kalla was quoted as saying by Sahar L. Hassan, a member of the Indonesian Muslim Students Association (KAHMI).

Members of KAHMI held a meeting with Kalla at the Vice Presidential Office earlier in the morning.

Kalla reportedly said Jakarta wanted Kuala Lumpur to treat illegal Indonesian workers and their Malaysian employers equally before the law.

"If the illegal workers are caned, Malaysia must also impose the same punishment on the employers," Kalla said.

Malaysia has indefinitely extended an amnesty period to give illegal workers the opportunity to leave the country and avoid legal sanctions. About 400,000 illegal migrants, mostly Indonesians, have left the country, while an estimated 500,000 others are thought to remain.