The placement of Indonesian migrant workers in Malaysia was reopened on Monday (1/8/2022). The moratorium can return to effect if Malaysia violates the agreement.
JAKARTA, KOMPAS — After being suspended for more than two weeks, the placement of Indonesian migrant workers in Malaysia was reopened on Monday (1/8/2022). The governments of both countries will periodically evaluate the implementation of the memorandum of understanding (MOU) related to the protection of domestic-migrant workers. The moratorium can be implemented again if any agreements are violated.
Previously, the moratorium on sending Indonesian migrant workers to Malaysia was implemented since 13 July 2022. The moratorium was carried out because the Malaysian government violated one of the main agreements in the MOU related to the placement and protection of Indonesian migrant workers in the domestic sector in Malaysia.
Malaysia is found to still use the Maid Online System (SMO), which allows the placement of domestic-migrant workers directly into the country without any work visa. Meanwhile, the MOU signed by the Governments of Indonesia and Malaysia in April 2022 agreed that there would only be a One Channel Placement System (SPSK) or One Channel System (OCS) for the placement of Indonesian migrant workers.
In a meeting between the Indonesian Manpower Minister Ida Fauziyah and the Malaysian Human Resources Minister Dato' Sri M. Saravanan Murugan in Jakarta, on Thursday (28/7), both parties agreed to consistently implement the principles of the MOU and reopen the placement of Indonesian migrant workers in the domestic sector of Malaysia starting this Monday.
Secretary-General of the Manpower Ministry Anwar Sanusi said the Indonesian and Malaysian governments have formed a joint working group to routinely and periodically evaluate the implementation of the MOU on the protection of domestic Indonesian migrant workers.
If there is a problem, we will identify it and it can be quickly resolved at the level of high-ranking officials and ministers of the two countries.
It is not something that is taboo, and shows that we are not playing games when it comes to the protection of our citizens abroad.
"Every three months, we will monitor and evaluate the implementation of this MOU. If there is a problem, we will identify it and it can be quickly resolved at the level of high-ranking officials and ministers of the two countries," Anwar said when contacted on Sunday (31/7).
According to Anwar, if in the future it is proven that there is a violation of the commitment of the Malaysian government to the principles of the MOU on the protection of domestic Indonesian migrant workers, the moratorium on the placement of Indonesian migrant workers in Malaysia is very likely to be implemented again.
“The moratorium is a legal mechanism to protest or disagree if there is a breach of commitment. It is not something that is taboo, and shows that we are not playing games when it comes to the protection of our citizens abroad,” said Anwar.
Bargaining position
Anwar said that, in principle, Indonesia's bargaining position is quite strong in this context. Currently, Malaysia is experiencing a shortage of migrant workers in strategic sectors and is badly in need of migrant workers from other countries, especially Indonesia. “In this case, our position is very strong. When we declared a moratorium yesterday, they [Malaysia] immediately took quick steps to respond," he said.
The periodic evaluation every three months is not only on the implementation of SPSK or OCS, but also other principles in the MOU for the protection of domestic Indonesian migrant workers. Among other things, the agreement on the minimum wage for domestic migrant workers is 1,500 ringgit (US$336.80) and the minimum income standard for the prospective employers is 7,000 ringgit.
“There is also a commitment to provide passports to our migrant workers, and a commitment to provide access to mobile phones for our workers. So, there are many things that will be evaluated and monitored, not only related to the implementation of OCS," said Anwar.
The Main Expert Staff of the Presidential Staff Office (KSP), Fadjar Dwi Wisnuwardhani, said in a written statement on Sunday that the opening of the placement of Indonesian migrant workers in Malaysia must adhere to the commitments of the MOU that have been signed. The MOU strengthens protection and increases job security for many prospective Indonesian migrant workers.
"KSP also suggests that the reopening of worker placement be communicated to various parties in the country," said Fadjar.
Separately, the director of the Center for Problem Resolution for Indonesian Citizens Abroad (P3WNI) in Malaysia, Muhammad Zainul Arifin, said the OCS system was not a solution or guarantee to solve the problem of protecting Indonesian migrant workers in Malaysia. This is because there are many cases where Indonesian migrant workers have problems not only with non-procedural status, but also procedural ones.
“So, OCS is not an absolute solution. The most important thing is how the government's supervision of Indonesian migrant workers in Malaysia can be more effective. The performance of Indonesian representatives in Malaysia must be further improved," he said.
Swindle in Cambodia
Cases of Indonesian citizens being deceived by fraudulent investment companies in Cambodia continue to increase. The latest case is the fraud and confinement of 60 Indonesian migrant workers in Sihanoukville City.
“Tonight [on Saturday, 30/7], we have received confirmation that 55 Indonesian citizens have been rescued. The other five Indonesian citizens are still in the process of being transferred or are being arranged for evacuation," said Foreign Minister Retno Marsudi in a virtual press statement, on Saturday.