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Fatkhul Muin, a lecturer at Faculty of Law, Universitas Ageng Tirtayasa whom presented by the applicant after delivered his expertise at judicial review session on UU PPTKI, Wednesday (18/3) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie. 

 

 

The Applicant of judicial review on Act of Indonesian Migrant Workers Placement and Protection Overseas (UU Penempatan dan Perlindungan Tenaga Kerja Indonesia di Luar Negeri –UU PPTKILN) filed by 28 ship crews (Anak Buah Kapal –ABK) was again presented an expert and witness at fourth session on Wednesday March 18 at Plenary Room, the Constitutional Court (Mahkamah Konstitusi –MK). The Applicant’s Expert stated that the Indonesian Migrant Workers Card (Kartu Tenaga Kerja Luar Negeri –KTKLN) was not needed as migrant worker’s identity who worked abroad. Meanwhile, the witness presented bt the Applicant stated that the KTKLN was not functioned when Indonesian Migrant Workers (Tenaga Kerja Indonesia –TKI) dealing with legal issues in foreign countries.

Fakhtul Muin, a lecturer at Faculty of Law Universitas Ageng Tirtayasa was presented by the Applicant as expert to strengthen the Applicant’s arguments. As a law state, Indonesia shall giving protection and legal guarantee to its entire citizens. The protection and legal guarantee are basic instruments that shall possessed by the state in order to protect its citizen, both located in the state and abroad.

The substance of the legal guarantee and protection can be realized with the policies making that oriented to the protection of all citizens in establishing an integrated system. The implication of these policies shall always be regarded for the benefit of all community members.

Related with the mandatory for migrant workers to have the KTKLN, Muin stated the policy was indeed indicated the weakness of Indonesian populations administrative system. It supposedly enough with electronic identity card (Kartu Tanda Penduduk elektronik –e-KTP) for Indonesian citizens (Warga Negara Indonesia –WNI) who located in the state and passport contained visa for WNI who working abroad.

“Both of these (electronic ID cards and passports) shall be the main instrument in any protection for Indonesian citizens, so that the Government is no longer needed to spend other instruments (such as KTKLN) which can lead to confusion towards the protection of Indonesian citizens, whether for citizen working inside the state or working abroad, "said Muin in front of plenary judges led by Chief Justice of the Constitutional Court, Arief Hidayat.

In other words, Muin stated the provision that obliged the KTKLN as stipulated on Article 26 (2) letter f Act of Indonesian Migrant Workers Placement and Protection Overseas is contrary to the Constitution because it does not provide acknowledgement, security, protection, and fair legal certainty, and equal treatment before the law. In addition, Muin also said the requirement of the KTKLN mandatory was indeed indicated the weakness of population administration management system in Indonesia. 

KTKLN is Ill-functioning

While one of the Applicant’s witness, recounted his experience when he lost their identity while working abroad. At that time, Rai Ahmad Salimi recounted that he was arrested by Trinidad and Tobago immigration when he was about going ashore to look for another job. When arrested, Salimi handed the KTKLN that he regarded as his identity. In addition, Salimi’s passport was retained by the captain of the ship he was working as collateral. Thus, only his KTKLN he could show as his identity card.

However, his KTKLN regarded as his identity was not functioned. Apparently, during his arresting at Trinidad & Tobago immigration, Salimi figured out that the valid identity for Indonesian citizens who working abroad was only the passport.

On that session, Salimi was also stated that he made his KTKLN at Soekarno-Hatta Airport when he was about to go to Senegal as ship crews. Salimi admitted that the KTKLN making process was only needed very short time and the location he made was at one of the airport’s corner (Yusti Nurul Agustin/Prasetyo Adi N)

 

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