Public Relations (31/01/2022) | The 215 KKN BM 65 UNAIR group which was held in Tanen Village, Rejotangan District, Tulungagung Regency held a webinar which was held offline and online. Participants of the webinar which was held offline came from the residents of Tanen Village. The residents gathered at the Tanen Village Hall to listen to the presentation of material from the two sources who were present online through the Zoom Meeting platform. The webinar on Saturday, January 29, 2022 that morning carried the theme of legal protection for Indonesian workers abroad, especially from the perspective of labor law.
The resource person for the first webinar was a lecturer at the Department of Administrative Law, Faculty of Law, Universitas Airlangga, Dr. Lanny Ramli, S.H., M. Hum. He presented material on the basics of Indonesian workers (TKI) and Indonesian migrant workers (PMI). Basically, PMI usually works in the construction, plantation, and catering sectors. PMI works for employers with legal entities as well as individual or household employers. Crew sailors and fisherman are also included in PMI. The legal basis for legal protection for PMI is regulated in the 1945 Constitution of the Republic of Indonesia and Law Number 17 of 2017 concerning the Protection of Indonesian Migrant Workers.
Countries that are usually PMI’s destinations are neighboring Malaysia, Saudi Arabia, and Taiwan. PMI mostly chooses the destination country because of the similarity of language, the efficiency to work as well as to perform worship, or based on the type of easy work that is usually available in that country. In Indonesia, the agency that oversees PMI is called the Indonesian Migrant Worker Placement Company (P3MI), while the agency that oversees TKI is called the Center for the Placement and Protection of Indonesian Migrant Workers (BP3TKI). One of the P3MI companies is the Indonesian Migrant Workers Protection Agency (BP2MI). To become a PMI requires several requirements and documents, including a marriage certificate (if married), a husband/wife/parent permit certificate, a competency certificate, a statement of physical and psychological health, a passport from the local immigration office, a work visa, a worker placement agreement. Indonesian migrants, and work agreements. The signing of this work agreement is carried out in accordance with the agreement and takes effect from the time it is agreed and signed by the parties concerned. This is regulated in the provisions of Article 20 paragraphs (1) and (2) of the Regulation of the Minister of Manpower Number 9 of 2019. In addition, he also explained that TKI and PMI who work abroad have the right to make an issue in the event of persecution or violence using applicable laws. subject to the country where the TKI or PMI works. Reports can be made through the Indonesian Embassy, Komjen, or partner agents who sent the TKI or PMI. Legal protection that can be given to TKI and PMI is in the form of protection from the state by arranging regulations, sending legal aid teams, and negotiating to solve problems.
The second resource person is the deputy chairman of the Kalyanamitra Foundation, FR. Yohanna Tantria Wardhani, S.H. Kalyanamitra is a non-profit feminist organization that was founded on March 28, 1985 and aims to respond to the injustices faced by Indonesian women, both gender inequality and government or state policies. Kalyanamitra’s work program is focused on fighting for gender equality and justice to realize social and gender transformation for marginalized women in Indonesia. Kalyanamitra’s programs include mentoring women’s communities and youth groups, critical education, studies, documentation, campaigns, and advocacy.
Kalyanamitra also focuses on assisting gender-based violence that is often experienced by women migrant workers. The construction of gender values has an impact on the migration process. Therefore, women as PMI experience different experiences from men as PMI. As a social and cultural construction, gender creates values that discriminate against women. One of the factors driving women to become migrant workers both in macro and personal/family settings is also influenced by gender construction. Many women migrant workers work in very vulnerable situations, such as undocumented, unprotected sectors such as domestic workers, working in conflict areas, and so on. The forms of gender-based violence experienced by women migrant workers are not only physical, but also psychological, economic, and sexual. These forms of violence include beatings, humiliation, threats, coercion, identity detention, rape, sexual exploitation, sexual harassment, forced prostitution, to the murder of women migrant workers.
Komnas Perempuan noted that there were at least 406,178 cases of violence against women in its 2019 Annual Records. It was also recorded from the data that:a total of 2521 cases of sexual violence in the public sphere and 2988 cases of sexual violence in the private sphere. Therefore, the Kalyanamitra Foundation is here to assist the process of handling cases of criminal sexual violence, both through litigation and non-litigation through advocacy, lobbying, negotiation, and campaigning. The case handling process is carried out both domestically and abroad. However, Yohanna also emphasized that the assistance of women migrant workers as victims of sexual violence can be done by anyone, regardless of whether the legal assistant is a law graduate or not. Assistance can also be provided by NGOs, communities/support groups for victims, or close friends of victims. This means that legal assistance can be provided by anyone who has a concern for helping victims of sexual violence.
Yohanna also explained that there are at least six basic rights of women migrant workers that must be fulfilled, namely protection against violence and harassment, the right to decent work and equality, labor mobility and the right to work, adequate access to services and social protection, access to justice, and the right of association/organization. Efforts to prevent sexual violence from happening to women migrant workers can also be carried out through critical public education, organizing women migrant workers, public campaigns, policy advocacy, and building cross boarder networks. Women migrant workers must have safe migration from pre-placement to their return to Indonesia.
Author : Goddess Yugi Arti