Update: Law no. 39/2004 on the Placement and Protection of Indonesian Migrant Workers has been replaced by Law No.18 / 2017 on the Protection of Indonesian Migrant Workers but requires 28 implementing regulations, consisting of 2 Presidential Regulations, 11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.
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.
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).