Placement and Protection of Indonesian Workers

The differences in interpretation of the implementation of Law No. 39 of 2004 on Placement and Protection of Indonesian Workers abroad between 2 (two) state agencies, namely Ministry of Manpower (Manpower) and the National Agency for Placement and Protection of Indonesian Workers (BNP2TKI), specifically the question is whether BNP2TKI only do the placement and protection of government workers who carried the G to G and G to P alone? Since 2007, BNP2TKI has migrant worker placement services of the government, Executive Employment Indonesia (PPTKIS), independent worker and the placement of his own company. Travel history of migrant worker placement becomes a justification even what is usually done in the past, that's the most correct.

In this global era, placement and protection of migrant workers should be guided by at least two (2) the law is Law No. 32 of 2004 on Regional Governance and Law No. 39 of 2004 and its implementing regulations. If both the law and its implementing regulations properly understood, necessarily, anyone or any institution will not be stuck to the problem of authority. Because, anyone as holders of authority, is not a primary measure, but anyone who takes the largest role in ensuring the rights of migrant workers. Handling authority and protection of migrant workers placement services PPTKLN) should be guided by Law No. 32 of 2004, meaning that the government serves to formulate standards, guidelines, norms, and criteria which are manifested in the form of Standard Service (MSS) and its discussion with the Minister of Home Affairs and stakeholders Other interests include BNP2TKI.

Reform of the placement and protection of migrant workers certainly fail if the intentional deprivation on the pretext of the delegation of authority and mengkerdilkan or cut the BNP2TKI on the pretext of just placing their government through ministerial regulations. Anyone know where BNP2TKI formed on the orders of Law No. 39 of 2004 which is the formal form of Presidential Decree (Presidential Decree No. 81 Year 2006). Then, what legal basis, BNP2TKI who has done service placement and protection of migrant workers outside the placement of government, since 2007? Efforts to understand Article 95 paragraph (1) and paragraph (2) Law No. 39 of 2004 which is the subject matter. Article 95, should be understood more objective and consistent, with legal compliance and is associated with a philosophical perspective, juridical and sociological, as in the domestic labor market folosofis different to overseas labor markets. The job market in the country the government can regulate demand (demand) and supply (supply) jointly, while the overseas job market each state government can only control from one side only of the government sending countries such as Indonesia can only be controlled in terms of demand (supply) while the recipient country government worker control in terms of demand (demand). On this basis the Government of Indonesia felt the need to establish a special BNP2TKI handle labor markets overseas.

Thus, Law No. 39 of 2004, Article 95 paragraph (1), expressly states that BNP2TKI has the function of policy implementation in the field of placement and protection of migrant workers abroad are coordinated and integrated, further paragraph (2) BNP2TKI duty: a . do the placement on the basis of a written agreement between the government and state government workers or users users incorporated in the destination country placements as Article 11 paragraph (1), b. providing services, coordinate, and conduct surveillance of: 1) document, 2) supplying Final Departure (PAP), 3) problem solving; 4) sources of financing sources; 5) departure to return, 6) improving the quality of prospective migrant workers; 7) information ; 8) quality of the placement of migrant workers, and 9) improving the welfare of migrant workers and their families. Legitimate put BNP2TKI function as a placement agency the government alone, when considering the construction of Article 95 which consists of 2 (two) verses and write in one article, this is because there are similarities between the material paragraph (1) and paragraph (2) and a series of material that can not be separated (Act No. 10 of 2004, as explained in the figures 50 and 59).

Another opinion, that BNP2TKI works to serve the migrant worker placement not only mean the government placement, including placement by PPTKIS, migrant workers and for the company's own Self with a reason:

First, in Law No. 13 of 2003 on Manpower that clearly separates employment ie employment in domestic and overseas employment (Article 33 and 34 of Law No. 13 of 2003), and command law answered with the enactment of Law No. 39 of 2004. Its own legislation regarding the placement and protection of migrant workers due to employment abroad has been governed by the Ordinance in 1887 Stablaad Number: 8 and regulation of the Minister or the regulations under the regulations of the Minister that in addition to its settings are summary / simple also weak in the hierarchical regulation legislation. Thus, in the ministerial regulations for the implementation of Law No. 13 of 2003, the substance of the material is already supposed to be distinguished in the context of employment in the country and abroad.

For example, the elements of employment as Article 36 of Law No. 13 of 2003, namely: job seekers, job opportunities, labor market information, inter-working mechanisms and institutional placement, certainly not the same, because after all overseas employment is depending on country of placement.

Second, given the goal is the establishment BNP2TKI to ensure and accelerate the realization of the purpose of placement and protection of migrant workers needed responsibilities (Article 94 paragraph (1) and paragraph (2) The purpose of the placement and protection of migrant workers are listed in Article 3, namely: 1) to empower migrant workers and human optimally, 2) ensuring and protecting migrant workers and 3) improve the welfare of migrant workers and their families. Thus the existence BNP2TKI to ensure the achievement of placement and protection regardless of distinction or separation of the executive placement and the most important and the main thing is mengkedepankan quality service to the protection of migrant workers.

Third: Ambiguity interpret the terminology or terms of employment and national government legislation.