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Plenary judicial review hearing of Law on the Protection of Indonesian Migrant Workers (PPMI Law) presenting witnesses for Migrant Care as Relevant Party, Monday (10/8) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held another judicial review hearing of Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers (PPMI Law) on Monday, August 10, 2020 in the Plenary Courtroom of the Constitutional Court. The case No. 83/PUU-XVII/2019 was filed by the Association of Migrant Worker Placement Companies (ASPATAKI), which challenges Article 54 paragraph (1) letters a and b, Article 82 letter a, and Article 85 letter a of the PPMI Law.

The ninth hearing presented three witnesses for Migrant Care as the Relevant Party: Chandra Mulyadi Fakkar, Turminih, and Santi Arif. Chandra recounted that in 2016 he registered with a company to become an Indonesian migrant worker (PMI) to the UK. He was asked to pay 50 million rupiahs for administrative fees. He and the other 60 PMI candidates were convinced that they could go because the company they were registered with was legal and officially listed.

“We weren’t suspicious (because) the legal contract from the UK was sent right away. The selection process included training and interview. The fees could be paid in installments. Everything ran smoothly and appropriately,” Chandra said before the plenary hearing led by Chief Justice Anwar Usman.

However, he added, problems were found days later. The contract stipulated that the workers depart in 3-5 months, but until 1 year they didn’t depart. The workers faced uncertainty at their housing facility, until they entered into mediation with the company. However, it didn’t resolve the issue, so Chandra and other workers reported the company to the National Agency for the Placement and Protection of Indonesian Workers (BNP2TKI) with an allegation of scam. They were assisted by Migrant Care in the case.

Document Falsification

Turminih, who applied as a migrant worker with PT Wira Kreasi Usaha, testified that one year after completing documents she was sent to work in Abu Dhabi. She received mistreatment from her employer, was not provided with proper meals, and didn’t receive wages for two years. “When departing, my age was falsified and I received a threat that I would only receive a wage of 500 dirham and that if I didn’t work until two years I’d have to pay a fine,” she said in a trembling voice.

Santi Arif testified that he read in the contract that he’d be placed in Malaysia with a monthly wage of 1,200 ringgit excluding overtime. After granted a visa, he departed and was placed in a shophouse and his documents were confiscated. He was hired as a cleaner to work 7 days a week without holiday except on Eid al Fitri and Chinese holidays. His wage was cut if he called in sick, didn’t wear his uniform, and went home late to the housing facility.

“I worked for ten months without pay. There was no certainty about my pay and there were no pay slips. When I was sick I received no sick pay but was forced to work with a pay cut. I reported it to the (placement) company but was asked to find another work. I finally ran away to the embassy and reported it to the BNP2TKI,” he said.

Also read:

Paid-Up Capital for P3MI Deemed Exorbitant

Petitioner of PPMI Law Revises Petition

Court Postpones Hearing on the Protection of Indonesian Migrant Workers

House: ASPATAKI Not a Subject of PPMI Law

PPMI Law Serves to Protect Indonesian Migrant Workers

Expert: State Should Not Treat P3MI as Enemies

Witness: To Keep License, P3MIs Must Make Additional Deposit of 1 Billion

Migrant Care Presents Three Experts for Judicial Review of Migrant Worker Protection Law 

ASPATAKI has 142 members operating as Private Placement Companies for Indonesian Migrant Workers (PPTKIS), who place and send Indonesian workers abroad. The Petitioner argued for their constitutional right in freedom of business, and that the criminal threats they received were uncalled for and violated the principle of material acts. The Petitioners had to bear the unfortunate consequences for the actions carried out by parties who employ migrant workers.

The next hearing was scheduled for Monday, August 31, 2020 at 11:00 WIB to hear the statements of experts for the Relevant Party, Migrant Care. 

Writer: Sri Pujianti
Editor: Nur R.
PR: Andhini Sayu Fauzia
Photographer: Gani
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 8/11/2020 18:19 WIB

Disclaimer: The original version of the news is in Indonesian. In case where any differences occur between the English and the Indonesian version, the Indonesian version will prevail.

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