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The Placement and Protection of Indonesian Overseas Workers

Worker

The definition of a worker is regulated under Article 1 paragraph(2) of Law Number 13 Year 2003 on Employment (“Employment Law”):

Worker is any person who is able to do the job in order to produce goods and/or provide services to meet their own needs or those of the community”.

Based on the definition above, several elements are known, namely :

  1. A worker is any person able to do the job.
  2. A worker is any person able to produce goods and/or provide services.
  3. A worker produces goods and/or services to meet their own needs or those of the community.

If those three elements are met, a person is defined as a worker. Under Article 5 of Employment Law, every worker is entitled to have equal opportunities in employment.

Indonesian Worker

In article 1 paragraph(1) of Law Number 39 Year 2004 on Placement and Protection of Indonesian Workers Abroad (“Law No.39/2004”):

“An Indonesian worker or TKI is any Indonesian citizen who is qualified to work abroad in an employment relationship for a specific time with pay.“

Based on the description above, it can be concluded a TKI is an indonesian worker located abroad for a job.

Further,Article 1 paragraph(3)of Law No.39/2004 stipulates:

“The placement of an Indonesian overseas worker is to bring together service activities appropriate talents, interests, and abilities with the employer which includes the whole recruitment process, document administration, education and training, reception, preparation for departure, departure to the country of destination and repatriation from the country of destination.”

Based on the description above,it can be concluded that an Indonesian overseas worker located abroad is there to do a specific job. But who can perform employment abroad? Only the government and private entities are able to place workers abroad. Individuals may not locate an Indonesian worker abroad article 4 of Law No.39/2004.

In carrying out the placement of an Indonesian worker overseas, there must be a written agreement between the Indonesian government and the government of the state using an Indonesian overseas worker of the destination country.To implement private placement,an Indonesian overseas worker must obtain written permission in SIPPTKI (practice license for Indonesian overseas workers placement) from the authorized Minister.

Protecting an Indonesian overseas worker as stipulated in Article 6 of Law No. 39/2004, regulates that the government is responsible to protect an Indonesian overseas worker. That means the government must guarantee the security and certainty of legal protection for an Indonesian overseas worker located abroad. The protection of an Indonesian overseas worker is stipulated in Article 7 of Law No. 39/2004 which broadly states that the government shall ensure the rights of an Indonesian overseas worker while abroad.

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