Update: Law no. 39/2004 on the Placement and Protection of Indonesian Migrant Workers has been replaced by Law No.18 / 2017 on the Protection of Indonesian Migrant Workers but requires 28 implementing regulations, consisting of 2 Presidential Regulations, 11 Government Regulations, 12 Ministerial Regulations on Employment and 3 Regulation of the Head of the Agency so that it is still in a transitional period of 2 years (using Law No. 39/2004) until the implementing regulations are issued.

The following details relevant national legislation of relevance for migrant workers including provisions regulating the recruitment of migrant workers and measures in place for protection (such as pre-departure training, insurance schemes etc.):

1. Law no. 18 of 2017 on the Protection of Indonesian Migrant Workers with notes that this Act is not fully applicable because it is still awaiting derivative rules and is granted a transitional period of 2 years (the relevant rules of Law No. 39 of 2004 may be used)

2. Decree of the Minister of Manpower of the Republic of Indonesia No. 291 of 2018 concerning Guidelines for the Implementation of Placement and Protection of Indonesian Migrant Workers in the Kingdom of Saudi Arabia through a one-channel placement system.

3. Regulation of the Minister of Manpower of the Republic of Indonesia No. 18 of 2018 on Social Security of Indonesian Migrant Workers.

4. Regulation of Minister of Manpower of the Republic of Indonesia No. 10 of 2019 concerning Procedures for Granting Company Permits for Placement of Indonesian Migrant Workers.

5. Republic of Indonesia Presidential Regulation No. 90 of 2019 concerning the Indonesian Migrant Workers Protection Agency (BP2MI) which is a non-ministerial government institution whose task is to implement policies in the service and protection of Indonesian migrant workers in an integrated manner.

6. Government Regulation of the Republic of Indonesia Num. 10 2020 concerning procedures for placement of Indonesian Migrant Workers by The Indonesian Migrant Workers Protection Agency.

7. Law No. 21 of 2007 on Trafficking in Persons (TTPO), the majority of migrant worker recruitment and placement practices use patterns of trafficking in persons so perpetrators can also be charged under the TTPO Law.

8. Law no. 13 of 2003, concerning Manpower, the existence of Indonesian migrant workers can not be separated by the domestic manpower law, thus obtaining equal rights in treatment and protection.

9. Law. no 12 of 2014 on the ratification of the UN convention on the rights of migrant workers and their families.

10. Law no. 40 of 2004 on the National Social Security System (SJSN) of migrant workers is also a citizen entitled to social security like other citizens.

11. Law no. 24 of 2011 on the Social Security Administering Body, every citizen must be a participant of social security and migrant workers and their families are no exception.

12. Government Regulations concerning the Procedures for the Implementation of Indonesian Employment Abroad By Government (Government Regulation No. 4 of 2013); Sets out regulations to protect Indonesian workers who are placed in employment overseas; responsibilities of the government; rights & obligations of Indonesian workers; Indonesian embassies evaluate business partners; establishment of Placement and Protection Agency; provides criminal sanctions.

13. Implementation of the Placement and Protection of Indonesian Manpower Overseas (R.I. Manpower and Transmigration Minister Regulation No. PER.14/MEN/X/2010) 2013; Recruitment, work agreement, final preparation for departure, overseas manpower identification card, cost components borne on candidates, monitoring and placement of candidates.

14. Indonesian Labour Insurance (Regulation of the Ministry of Manpower and Transmigration No. PER/07/MEN/V/2010); The Regulations provide for insurance coverage for Indonesian emigrant workers. Private recruitment and placement agencies are to involve migrant workers in migrant worker insurance programs. The migrant worker insurance companies are to be selected by the Ministry. The regulations also include provisions on the operating of the insurance company, insurance consortium, types of insurance programs, period of insurance and claims and documents required.

15. Regulation No. PER-07/MEN/IV/2005 on Standards of Accommodation of Prospective Overseas Indonesian Manpower; In order to obtain a licence, recruitment agencies need to fulfill administrative and technical requirement including the ownership of use of accommodation for prospective migrant workers (Arts. 2-3). It provides that seperate facilities are to be provided for men and women, provisions concerning the size of beds, content of the bedrooms, specifications for walls and floors, health and hygiene measures as well as provision of facilities such as rest rooms, guest rooms, worship rooms, clean water, fire extinguishers, washing and cleaning facilities etc. (Art. 4).

 

Year

Legislation

Description

1997

Regulations No. 36 of 1997 concerning work permit fees for non-Jordanian workers, issued under Article 12 of the Labour Code, Law No. 8 of 1996

The Regulations provides for the fees to be paid by the employer for the issuance of work permits, their renewal for one year or less, as follows: 300 JD [423 USD] for a non-Arab worker in all sectors except for agricultural workers and nurses, 100 JD [141 USD] for an Arab worker in all sectors except for agricultural workers and nurses, 50 JD [70 USD] for a non-Arab worker in the agricultural and nursing sectors, 50 JD [70 USD] for a non-Arab worker in the nursing sector, and 10 [14 USD] JD for an Arab worker in the agricultural sector.

1999

Instructions for the Conditions and Procedures of Bringing and Employing Non-Jordanian Workers in the Qualified Industrial Zones

This Instructions deals with the procedures for recruiting foreign workers in economic activities that exists within qualified industrial zone, whose products are qualified and on which the provisions of the Law of Investment Promotion are applicable.

1999

Instructions for the conditions and procedures of bringing in and employing non-Jordanian employees. Issued in accordance with Art. 3 of the Regulations No. 36 of 1997 concerning work permit fees for non-Jordanian workers

This Instructions sets out the application procedures that an employer must undertake in order to employ a foreign worker. Includes the obligation to send in to the Ministry of Labour, inter alia, a copy of the employment contract and medical examination results. If the employer wishes to renew the work permit, he or she must do so one month before it expires.

2000

Regulations Amending the Work Permit Regulations for Non-Jordanian Worker

The Regulations amend the fees provided for in article 2 of Regulations No. 36 on Work Permits for Non-Jordanians. The regulations amend Regulations No. 36 of 1997 and prescribe the fees to be paid by employers for the issue or renewal of the work permits of their employees.

2003

Regulation of Organizing the Private Offices of Bringing and Employing Non-Jordanian Domestic Workers No. (3) Of the Year 2003

This Regulation regulates the licensing and conduct of recruitment agencies specialised in recruiting foreign domestic workers.

2006

Instructions for the Conditions and Procedures of Licensing and Organizing the Private Offices of Bringing and Employing Non-Jordanian Domestic Workers of the year 2006.

This Instructions establishes a Committee of the Affairs of the Private Offices of Brining and Employing non-Jordanian Domestic Workers which is to receive application and renew licences for recruitment agencies; provides the procedures for applying for the licence as well as the authorizations to be given by the agency and the person employing the domestic worker; and also deals with responsibilities concerning arrival and departure of the worker as well as repatriation. The Instructions, finally, provides fees to be paid to the Ministry as well as fees to be provided by the house owner to the recruitment agency.