Peran BP2MI Nunukan dalam Pelindungan Pekerja Migran Indonesia
The future starts today,
not tomorrow.
WORKING REPORT
THE PROTECTION OF INDONESIAN MIGRANT WORKERS’ RIGHTS DURING THE COVID-19 OUTBREAK :
A STUDY IN UPT BP2MI NUNUKAN, INDONESIA-MALAYSIA BORDER AREA
Arranged by Ni Made Ray Rika Azzahra (20180510033)
Under the Supervision of Mrs. Dian Azmawati, S. IP., M.A.
The Power of PowerPoint - thepopp.com
I
Outline
Introduction
II Partner Profile
III
Internship
Realization
IV Conclusion
V Self Reflection
VI
Analysis of IR’s
Perspective
Background
- Everyone has the right to work (Article 23 of the UDHR
1948).
- Facts : lack of job opportunities unemployment
poverty
- People tend to migrate for a better life.
- The state has a responsibility to protect, respect,
promote and fulfill the rights of all migrant workers and
their family members (Law of the Republic of Indonesia
Number 6 of 2012 ).
- Indonesia is known as the ‘important’ origin country of
migrant workers in Asia, due to the large number of workers,
low wages, submissive attitude, and the various problems
that often arise because of it.
- The Covid-19 pandemic that is being faced by all countries
has an impact on working relations. Many workers are fired
and sent back to their countries, there is also a drastic
decrease in the placement of migrant workers.
277216
113220
2019 2020
PLACEMENT OF INDONESIAN MIGRANT
WORKERS
People
Source : Pusat Data dan Informasi Badan Pelindungan Pekerja Migran (2020)
Malaysia become the highest
destination country for Indonesian
Migrant Workers (IMWs). Many of
them choose border areas to be the
entry point, one of which is
Nunukan.
As the northernmost district of North
Kalimantan which is directly bordered
by Malaysia, Nunukan becomes a
transit area for IMWs to Malaysia,
both through legal and illegal routes.
- IMWs as ‘pahlawan devisa’ help the country’s economy through their remittances
(approximately US$ 11,4 billion in 2019). But ironically, they are faced with various
problems in the field (most of which is deportation).
- According to data from UPT BP2MI Nunukan, from 2018 to September 2021 the number
of IMW reported deported in Nunukan was 9,434 people. Before being deported, they
were put in Depot Tahanan Imigresen which very crowded and vulnerable to be infected
with Covid-19.
- This indicates that the protection of IMWs become an important issue and the state
must present to provide protection for the workers as a whole.
1
Building cooperation with partners and
increasing opportunities for research and
community service
For International Relations Study Program
2
Obtaining new information and establishing
good relations with educational institutions
that can be used as input for the agency
For Internship Partner
3
Gaining insight and experience as well as
improving softskills that useful in the working
world
For Students
The Objective &
Benefits of Internship
The objective of this internship is to examine the efforts
made by UPT BP2MI Nunukan in protecting the rights of
migrant workers, especially in the Indonesia-Malaysia
border area during the Covid-19 pandemic.
Meanwhile, the benefits of internship, namely :
1890
The Dutch government
began to send a large
number of Javanese
contract laborers to work in
Suriname
1947
The establishment of the
Ministry of Labor through
Government Regulation No.
3/1947
1960s
The placement of IMWs did not
involve the government but was
carried out individually and
traditionally
The History of UPT BP2MI
The history of migration of Indonesian workers abroad has
occurred in the period before Indonesia's independence.
Prototyping
The establishment of National
Agency for the Placement and
Protection of Indonesian Migrant
Workers (BNP2TKI) through Law
No. 39/2004
Test
BNP2TKI transform into the Indonesian
Migrant Worker Protection Agency
(BP2MI) through Presidential Regulation
No. 90 of 2019
2004
2019
Organizational
Structure
As the mandate of
Presidential Regulation
Number 90 of 2019, the
organizational structure of
BP2MI is based on a
substance approach by
dividing the deputies based on
the area.
To carry out the operational
technical duties of IMWs’
placement and protection
services in the regions,
Technical Implementation Unit
(UPT) was formed.
Source : Laporan Kinerja BP2MI Tahun 2020
“BP2MI is reliable, professional,
innovative, and has integrity in
service to the President of
Indonesia to realize the protection
of IMWs in order to improve their
welfare and its families, in support
of a developed Indonesia that is
sovereign, independent, and have
a personality based on gotong
royong”
VISION
Providing technical and
administrative support in making
policies on the administration of
state government; implementing the
protection of Indonesian Migrant
Workers; organizing effective and
efficient services and improving the
quality of human resources and
infrastructure of BP2MI.
MISION
The Vision and Mission
BP2MI has the task of implementing service policies in the context
of the placement and protection of Indonesian Migrant Workers in
an integrated manner.
According to Article 3 of the BP2MI Regulation Number 04/2020,
the functions that carry out such as :
a. Implementation of policies in services and protection of IMWs
b. Fulfillment of IMWs’ rights
c. Issuance and revocation of IMWs recruitment permit
d. Implementation of protection while working in coordination with
the Indonesian Representative in the placement country
e. Implementation of social and economic empowerment for the
retired IMWs and their families
f. Coordination of task implementation, guidance, and
administrative support to all organizational units within BP2MI;
and so on.
As a Technical Implementing Unit located in the border area, UPT
BP2MI Nunukan has a specific task to assist migrant workers
returning from Malaysia, including those who are illegal or victims
of violence and crime.
The Task and Functions
The internship from September 27 – October 27 2021, at the
UPT BP2MI Nunukan office, Jl. Raya Tien Soeharto No. 12
Nunukan, North Kalimantan.
Participate in discussions and coordination meetings with
various parties related to IMWs’ protection.
For example meetings with Koalisi Buruh Migran Berdaulat
(27/9/2021) and with Deputy for Human Development and
Culture (28/9/2021).
Participate in handling the repatriation and deportation of
IMWs.
For example, handling the deportation of 193 IMWs from
Tawau, Malaysia (21/10/2021) at Tunon Taka Harbor,
Nunukan.
Assisting in administrative matters such as making letters,
notes and compiling office reports.
Realization of Internship Activities
The Time and Place of Internship
a. Nunukan and the Portrait of Border Area
Nunukan becomes the front terrace that directly interacts
with neighboring country.
Generally, border areas faced problems such as not-
optimal development and the lack of basic facilities.
As a transit area for IMWs to Malaysia, Nunukan gives its
own color in international relations.
b. The Complex Problems of IMWs in Nunukan
Illegal departure becomes the cause of IMW’s problems
due to the geographical proximity and a weak cross-
border security.
The lack of information coupled with the fear of
complicated administration resulting many Nunukan
people became ‘calo’ who took advantages.
Strong primordialism where many of IMWs who had lived
there for a long time invited their family to Malaysia.
New Learning
c. The Government's Efforts through BP2MI in Protecting IMWs
BP2MI carried out protection efforts as mandated by Law Number
18 of 2017, both for IMWs and their families, before, during, and
after work.
The efforts made by BP2MI are as follows :
1. Eradicating syndication and preventing non-procedural IMWs
shipments
BP2MI establish ‘Satgas Sikat Sindikat’ and conducts
sweeping to prevent IMWs who are indicated illegal via ‘jalur
tikur’ to Malaysia.
2. Handling IMWs repatriation during the Covid-19 pandemic
BP2MI facilitates the repatriation of IMWs by implementing
SOP that accordance with health protocol.
3. Coordinating with relevant stakeholders to create synergy in
handling IMWs
The government encourages regional/bilateral cooperation
and coordinates with the representative of placement country.
UPT BP2MI Nunukan collaborates with some Ministry as well
as regional agency and NGOs.
The Power of PowerPoint - thepopp.com
Conclusion
Labor migration has occurred in Indonesia for a long time. The motive is mostly related to the
economy. The IMWs have an important role in the country's economy through their remittances, but
many of them face problems, especially during the pandemic. Therefore, the state has responsibility to
protect the IMWs’ rights. Through BP2MI, the government has carried out protection efforts as
mandated by Law Number 18 of 2017 both for IMWs and their families. To realize the optimal
protection of migrant workers’ rights, multi-stakeholder cooperation is needed.
As the district that is directly bordered by Malaysia, Nunukan is well-known as a transit area
for IMWs. Due to the complexities of border area problems, UPT BP2MI Nunukan was carry out some
efforts to realize the protection of IMWs, such as: 1) eradicating syndication and preventing illegal
IMWs through ‘Satgas Sikat Sindikat’; 2) handling IMWs' repatriation during the Covid-19 pandemic by
implementing the protocol; 3) increase cooperation with relevant stakeholders to create synergy in
handling IMWs and encourages the regional/bilateral cooperation.
For UMY
1. Increase cooperation with various institutions,
both government, MNCs and NGOs, so that
students can find internship partners more
easily.
2. Provide optimal assistance to students both
before, during, and after the implementation of
internship so that activities can run well.
3. Coordinate with partners during the internship
so that the activities carried out by students
compatible with IR discipline, and the students
can get the benefit from this practice.
Recommendation
1. Provide briefing related to work culture and job
description that will be carried out by students
during internship.
2. Improve coordination with relevant stakeholders
to create synergy in handling the complexity of
IMWs problems.
3. Providing optimal services to IMWs, relating to
the socialization of legal departure procedures,
intensifying the prevention of illegal IMWs, as
well as empowerment for retired IMWs.
4. Improve employee integrity to prevent abuse of
power and involvement in the departure of
illegal IMWs by ‘oknum’.
For UPT BP2MI
NNK
During the internship at UPT BP2MI Nunukan, the writer was placed in the
Division of Protection and Empowerment. The writer gets many benefits from
doing this internship, namely getting new experiences in both academic and non-
academic fields and getting an overview of the working world and facts on the
ground relating to the handling of migrant workers. This activity also increases
the writers' soft skills and social sensitivity.
The phenomena of international migration, especially labor
migration, has long occurred in Indonesia. IOM defines labor
migration as the movement of persons from their home State to
another State for the purpose of employment. Migrant worker rights
are human rights granted to migrant workers based on the fact that
they are human. Therefore, the governments have a responsibility to
protect their rights.
Manfred Nowak formulated that the state's responsibility included
three things, namely responsibility to respect, fulfill and protect
human rights. Indonesia has ratified the International Convention on
the Protection of the Rights of All Migrant Workers and Members of
Their Families (1990) which contains several responsibilities that
must be fulfilled by the government including social, economic and
technical protection from pre, during and post working. To realize the
optimal protection of migrant workers' rights, multi-stakeholder
cooperation is needed. In IR, it is called multi-stakeholder diplomacy.
Assanvo mentioned that in multi-stakeholder diplomacy, there are many other actors who can play a
role in the diplomatic process besides the government. This concept can be implemented through
dialogue between the government and various non-government actors in dealing with certain issues.
Through this mechanism, several human rights activists have influence in determining the policies that
will be taken by the government. According to Nandyatama, the concept of multi-stakeholder
diplomacy has three specific criteria, namely the existence of institutional space, the involvement of
non-state actors and also the recognition of legitimate stakeholder institutions for the actions of these
actors.
To fulfill the criteria for multi-stakeholder diplomacy, the institutional space in this case is realized by
BP2MI through collaborations with international institutions, one of which is IOM. IOM provide hygiene
kits for returning IMWs. Another criterion is the involvement of non-governmental actors, in this case it
can be seen from the participation of NGOs, one of which is Koalisi Buruh Migran Berdaulat. KBMB
involve in handling the deportation of migrant workers from Tawau. KBMB also provides health
education about scabies as well as facilitating the medicine. In addition, KBMB also negotiates and
advocates with the Malaysian Government regarding the low protection of Indonesian migrant workers,
especially during the pandemic.
Multi-stakeholder Diplomacy
Nowadays, the role of non-state actors in IRs is developing. This is in line
with the concentration which was chosen by the writer, namely the Transnational
Society or Non-Governmental Organizations. Transnational studies, in contrast to
traditional approaches, believe that non-state actors can influence national and
international political systems. Non-state actors are able to turn material facts and
non-material facts into international issues through their advocacy.