---

Witness for Relevant Party Indonesia Migrant Worker Union Surati testifying virtually at the judicial review hearing of Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers, Wednesday (16/9) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

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 Wednesday, September 16, 2020. At the eleventh sessions, the Relevant Party the Indonesia Migrant Worker Union (SBMI) presented three witnesses: Imam Syafi’i, Ningsih, and Surati, ex-migrant workers.

The case No. 83/PUU-XVII/2019 was filed by the Association of Migrant Worker Placement Companies (ASPATAKI), who challenges Article 54 paragraph (1) letters a and b, Article 82 letter a, and Article 85 letter a of the PPMI Law.

Imam Syafi’I testified about his job as a ship crew member in 2011–2013 in Ivory Coast, West Africa. He signed a field work agreement (PKL) along with 162 other workers for a period of two years. The contract stated that he was entitled to a base salary of 180 US dollars per month and a bonus of 400 US dollars. His monthly salary would be sent directly to his family.

In July 2012, the company were bankrupt and only workers from China were sent home. Workers from Myanmar and Indonesia were asked to stay on the ships to wait to be picked up by the placement company. After six months, they weren’t picked up, so some of the workers came ashore and took other jobs to survive. He admitted that he was fortunate to have received help from Caracas residents, be able to contact his family and report to the authorities. In February 2013 he was sent back to Indonesia with 56 other crew members.

“When I arrived in Indonesia, it turned out that my salary, which was said to have been sent to my family every 3 months, was not sent by the company. The contract was not implemented by the company, so we reported it to the authorities. The company was arrested and by the West Jakarta court was found guilty of a criminal act and falsification of state information about human trafficking," said Imam, who is now a marine activist looking to aid workers who experience a similar issue. 

Accounts of Harassment

Ningsih from Indramayu testified that she registered in June 2019 at PT Citra Karya Sejati to be sent to Hong Kong. After all documents were complete, she signed a contract as a caretaker for a paralytic. She was flown to Hong Kong on September 27, 2019 and picked up by the placement company. She stayed for 2 days at a mess and then was picked up by her employer. The employer turned out to be a healthy man without paralysis. She refused to come with him but was persuaded by the company. She was subsequently abused by her employer and had to sleep in the bathroom to avoid harassment.

“Until the 3rd day I was still mistreated and even hit with a broom. I told the agency I wanted to go home because I was treated inhumanely and also harassed," Ningsih told the panel chaired by Chief Justice Anwar Usman.

The other witness, Surati from Tulang Bawang, Lampung, had registered to be sent for work in Taiwan but was then offered a job at a salon in Johor, Malaysia, 8 hours a day with overtime. She received a three-month training but then hired as a reflective massage therapist. She was paid an hourly rate of merely 60-70 thousand rupiah and was often told to provide sexual services. She was even denied meal and health benefits.

"When we were working, we were always supervised. Daily meals and medical treatment are all at our own expense. It turns out that my job wasn’t in accordance with the work contract,” said Surati, who while working had to live in a closed and tightly-guarded mess along with 14 other migrant workers. 

Also read:

Paid-Up Capital for P3MI Deemed Exorbitant

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 

The Plight of Three Migrant Workers 

Komnas Perempuan: PPMI Law a Legal Breakthrough on Anti-Trafficking 

The Petitioner, the Association of Migrant Worker Placement Companies (ASPATAKI), challenges Article 54 paragraph (1) letters a and b of the PPMI Law along the phrase "a government bank." They claimed the 5 billion capital as well as a deposit of 1.5 billion is not affordable by Indonesian migrant worker placement companies (P3MI).

The requirement for P3MIs of having a 5 billion capital in the company’s deed of establishmentis unfair while Article 32 of Law No. 40 of 2007 on Limited Liability Company only demands 50 million at a minimum. It is unclear whichlaw shouldbe abode by P3MIs.

Before concluding the final examination hearing, Chief Justice Anwar Usman reminded all parties to submit conclusion, witnesses’ statements, and answers to the unanswered questions by Thursday, September 24, 2020 at 11:00 WIB to the registrar’s office.

Writer: Sri Pujianti
Editor: Nur R.
PR: Andhini S. F.
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 9/23/2020 21:41 WIB

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

---