Labor exporters protest new controversial decree
Ridwan Max Sijabat, The Jakarta Post, Jakarta
Migrant labor exporters are protesting a government decree slapping recruitment fees on workers sent to Malaysia and establishing a consortium they said would institutionalize labor extortion.
The Association of Labor Exporters to the Asia-Pacific Region (Ajaspac) said Decree No. 79/2005 issued by Manpower and Transmigration Ministry director general I Gusti Made Arka in early February required workers wanting to work in Malaysia to pay a high price for documents and training.
Ajaspac legal advisor Halomoan Hutapea told The Jakarta Post on Tuesday that the decree was illegitimate.
"According to the Amended 1945 Constitution, a director general has no authority to issue a decree imposing levies on workers that do not match the conditions in the field," he said.
According to the decree, a Malaysia-bound worker has to pay Rp 120,000 (US$13) to apply for a passport and Rp 250,000 for a health check.
The immigration office charges only Rp 110,000 for a passport, while workers usually pay only Rp 125,000 for checkups in public hospitals.
The decree requires workers to pay Rp 100,000 for work visas, while the Malaysian government issues work visas for free.
Halomoan said according to Ajaspac's calculations, the recruitment and training fees could be reduced to about Rp 2.5 million a head.
He said the skyrocketing fees had contributed to the reluctance of illegal Indonesian immigrants to return home from Malaysia.
Ajaspac also criticized the creation of the Consortium of Amnesty Programs for Ex-Malaysian Workers (KPA). The establishment of the group contravened the recent bilateral agreement between Indonesia and Malaysia, it said.
"The consortium is chaired by a labor exporter who has a personal relationship with Manpower and Transmigration Minister Fahmi Idris," Halomoan said.
The ministry is facilitating a task force assigned to provide a one-stop service for workers wanting to return to Malaysia legally.
Halomoan said based on the decree, the consortium could make Rp 26.7 billion from 100,000 migrant workers who are returning to the neighboring country.
Meanwhile, human rights activist Todung Mulya Lubis called on the government to carry out an advocacy program for troubled workers overseas since the labor exports had contributed to the country's revenues for decades.
"The government should give a red carpet welcome to all workers upon their arrival home since they have contributed to the country's economy for at least 20 years," Todung told a discussion about the protection of Indonesian workers overseas.
According to manpower ministry data, labor exports generate around US$1.2 billion annually in foreign exchange from more than two million Indonesians working overseas.
Todung said the government was morally obliged to provide legal protection for its citizens working overseas.
"The government should also coordinate with labor exporters and workers' employers overseas to raise legal aid funds to hire lawyers to provide advocacy for workers involved in disputes," he said.