Constructive Criticism
Although Permenaker No. 4/2023 offers improved benefts for Indonesian migrant workers, some aspects can still be fine-tuned. First, the upgraded benefits in JKK and JKm should bring about an increase in migrant worker participation. The 243,959 active participants of migrant workers in BPJS Ketenagakerjaan constitute a substantially lower number than the number of Indonesian migrant workers who need protection.
There should be adequate information distribution and education for migrant workers, and law enforcement for placement institutions must be improved, to ensure that all migrant workers are protected by BPJS Ketenagakerjaan. Immigration must confirm that migrant workers going overseas have become JKK and JKm participants. These measures should be supported by assigning BPJS Ketenagakerjaan representatives in the host countries. The membership and claim processes should also be simplified.
Secondly, Permenaker No. 4/2023 states that the ones paying the premium are the migrant workers. However, Article 30 of Indonesian Migrant Workers Protection Law No. 18/2017 (PPMI Law) specifies that Indonesian migrant workers cannot be charged any placement fees. Article 30 is enforced by Article 3 of BP2MI Regulation No. 9/2020, stating that migrant workers must not be subjected to placement fees, including the social security premium.
Hence, the article in Permenaker No. 4/2023 contradicts Article 30 of the PPMI Law in conjunction with Article 3 of BP2MI Regulation No. 9/2020. The social security premium should be paid by the placement institutions, namely, Indonesian migrant worker placement companies (P3MI) or BP2MI (the government agency dealing with migrant worker placement on a G-to-G basis).
Third, it is stated that the treatment and medication assistance due to work-related accidents in the host countries is up to IDR 50 million. This limitation can be challenged by migrant workers whose recuperation costs exceed IDR 50 million, as the assistance for domestic workers has no limitation (referring to Government Regulation No. 82/2019). Similarly, the recuperating migrant workers are not eligible for the Lost Capacity Compensation (STMB) worth 100 percent of their wages. In contrast, domestic workers can get this benefit (STMB).
Read: HUMAN TRAFFICKING IN INDONESIA A Common Issue, A Recurring Tragedy
Fourth, children of migrant workers, who have a total disability, cannot return to work or pass away, are eligible for a higher-education scholarship benefit for up to four years. However, the same benefit for domestic workers is given for up to five years.
The second, third and fourth points above are discrimination against migrant workers. Permenaker No. 4/2023 should guarantee that all JKK benefits in Government Regulation No. 82/2019 are also granted to Indonesian migrant workers. There should be no disparity in benefits between migrant workers and domestic workers.
As Indonesian citizens, migrant workers have constitutional rights to benefit from all social security programs such as JKN, Pension Benefits and Unemployment Benefits.