REGULATION OF THE GOVERNMENT
OF THE REPUBLIC OF INDONESIA NUMBER 10 OF 2020 PROCEDURES FOR PLACEMENT OF
INDONESIAN MIGRANT WORKERS BY INDONESIAN MIGRANT WORKERS PROTECTION BOARD
Considering: that in order to implement the provision of Article 50 section (2) of Law Number 18 of 2017 on Protection of Indonesian Migrant Workers, it is necessaiy to issue a Government Regulation on Procedures for Placement of Indonesian Migrant Workers by Indonesian Migrant Workers Protection Board;
Observing
1) Article 5 section (2) of
the 1945 Constitution of the Republic of Indonesia;
2) Law Number 18 of 2017 on Protection of
Indonesian Migrant Workers (State Gazette of the Republic of Indonesia of 2017
Number 242, Supplement to the State Gazette of the Republic of Indonesia Number
6141);
HAS DECIDED:
To Issue: GOVERNMENT
REGULATION ON PROCEDURES FOR PLACEMENT OF INDONESIAN MIGRANT WORKERS BY INDONESIAN
MIGRANT WORKERS PROTECTION BOARD.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Government
Regulation:
1. Prospective Indonesian Migrant Worker means any Indonesian worker who fulfills the criteria as a job seeker who will work abroad and is registered in regency/municipal government institution responsible for manpower affairs.
2. Indonesian Migrant Worker
means any Indonesian citizen who will work, currently works, or has done a work
for wage outside the territory of the Republic of Indonesia.
3. Employer means a
government institution, a government legal entity, a private legal entity,
and/or individual in the destination country that employs Indonesian Migrant Workers.
4. Placement Cooperation
Agreement means a written agreement between Indonesian Migrant Workers Placement
Agency and Business Partner or Employer that contains the rights and the
obligations of each party in the placement and Protection of Indonesian Migrant
Workers in the destination country.
5. Employment Contract means
the written agreement between Indonesian Migrant Worker and Employer that contains
terms of employment, rights, and obligations of each party, as well as security
and safety assurance during working in accordance with the legislation.
6. Social Security means one
of the social protection forms to ensure that all citizens can fulfill their
basic needs appropriately.
7. Pre-Departure Orientation
{Orientasi Pra Pemberangkatan), hereinafter referred to as OPP, means the
activity of debriefing and disseminating information to prospective Indonesian
Migrant Workers who will go to work abroad so that Indonesian Migrant Workers
will have mental and knowledge readiness to work abroad, understand their
rights and obligations and be able to overcome problems that will possibly be
faced.
8. Integrated One-Stop
Service for Placement and Protection of Indonesian Migrant Workers [Layanan
Terpadu Satu Atap Penempatan dan Perlindungan Pekerja Migran Indonesia),
hereinafter referred to as Indonesian Migrant Workers' LTSA, means a service
system for information dissemination, fulfilling requirements, and dealing with
issues of Indonesian Migrant Workers integrated in public services that are
cheap, easy and fast without any discrimination
9. Computerized System for
the Protection of Indonesian Migrant Workers {Sistem Komputerisasi Perlindungan
Pekerja Migran Indonesia), hereinafter referred to as Sisko P2MI, means an
administrative service system for the placement of Indonesian Migrant Workers.
10. Integrated Employment
Information System {Sistem Informasi Ketenagakerjaan Terpadu), hereinafter
referred to as Sisnaker, means a unit component consisting of institutions,
human resources, hardware, software, and substances related to each other in an
integrated work mechanism for data and information management in the field of
labor.
11. Indonesian Citizen
Protection Portal, hereinafter referred to as Citizen FYotection Portal, means
an information and communication technology ^stem that aims to facilitate all
services and protections for Indonesian citizens abroad carried out by
Indonesian Missions abroad.
12. Labour Attache means a
civil servant in the ministry who organizes government affairs in the field of
labour that is placed in certain diplomatic representatives whose -5- assignment
process is based on the provisions of legislation to carry out tasks in the
field of manpower.
13. Indonesian Missions
Abroad, hereinafter referred to as Indonesian Missions means the diplomatic and
consular representatives of the Republic of Indonesia who officially represents
and strives for the interests of nation, countiy, and government of the
Republic of Indonesia in the destination countiy or in international
organization.
14. Indonesian Migrant
Workers Protection Board (Badan Pelindungan Pekeija Migran Indonesia),
hereinafter referred to as BreMI, means a non-ministerial government
institution that has the duty of implementing policies in the service and
protection of Indonesian Migrant Workers in an integrated manner,
15. Minister means the
Minister administering government affairs in the field of manpower.
Article 2
The placement of Indonesian
Migrant Workers by BP2MI is based on:
a. government demand; and
b. a request from the
government of the Indonesian Migrant Workers' employer countiy or a request for
a legal entity Employer in the destination countiy.
Article 3
(1) The placement of
Indonesian Migrant Workers by BP2MI as referred to in Article 2 is carried out
based on a written agreement between the government and the government of the
Indonesian Migrant Workers' Employer country or the legal entity Employer in
the destination countiy.
(2) If the written agreement
as referred to in section (1) originates from a ministry/institution, the
relevant ministry/institution must coordinate with the Minister.
Article 4
(1) A written agreement
making regarding the placement of Indonesian Migrant Workers by BP2MI as
referred to in Article 3 is carried out in accordance with legislation on international
agreements.
(2) A written agreement
making regarding the placement of Indonesian Migrant Workers as referred to in
section (1} is carried out by involving the relevant ministries/institutions.
(3) The written agreement as
referred to in section (2) is signed by the Minister or an official appointed
by the Minister in accordance with the provisions of legislation on
international agreement.
(4) In the event of a
written agreement between the government and the legal entity Employer in the destination
country, the Minister may authorize the signing of the written agreement to
BP2MI.
(5) The written agreement as
referred to in section (3) is followed up with a technical agreement between
BP2MI and a government institution appointed by the Government of the Employer
countiy.
Article 5
(1) The written agreement as
referred to in Article 3 is arranged based on the principle of equality, mutual
benefit, by taking into account both prevailing national law and international
law.
(2) The written agreement as
referred to in section (1) at least contains:
a. identity of the parties;
b. rights and obligations of
the parties;
c. terms and procedures for
the placement;
d. mechanisms for the
Protection of Indonesian Migrant Workers;
e. monitoring and
evaluation;
f. dispute resolution;
g. written agreement
amendment; and
h. term and termination of
the written agreement.
{3} The written agreement as
referred to in section (2} is carried out in accordance with the provisions of
both the national legislation and destination country legislation as well as
international law and customs.
CHAPTER II
IMPLEMENTATION OF PLACEMENT
OF INDONESIAN MIGRANT WORKERS
Part One
General
Article 6
The placement of Indonesian
Migrant Workers by BP2M1 as referred to in Article 2 is implemented through the
following stages:
a. before work;
b. during work; and
c. after work.
Article 7
(1) BP2MI in assigning
Indonesian Migrant Workers to legal entity Employer in the destination country
must have a letter of request for Indonesian Migrant Workers verified by the
Labor Attache.
(2) The letter of request
for Indonesian Migrant Workers as referred to in section (1) at least contains:
a. employer identity;
b. number of placement;
c. type of work;
d. wages or salary;
e. job qualifications;
f. the validity period of
the Employment Contract;
g. workplace facilities; and
h. social security and/or
insurance.
(3) If the Labor Attache as
referred to in section (1) does not yet based in the destination country,
verification of the request letter is carried out by an foreign affairs
official appointed by the Head of Indonesian Mission.
Article 8
Every Prospective Indonesian
Migrant Worker who will work abroad must fulfill the following requirements of:
a. being an age minimum of
18 (eighteen) years old;
b. having competence;
c. being physically and
mentally healthy;
d. having registered as a
member of security/insurance; and
e. having required
documents.
Part Two
Before Work
Article 9
The before work stage as
referred to in Article 6 point a is carried out through:
a. information provision;
b. registration;
c. selection;
d. medical examination and
psychological assessment;
e. signing of the placement
agreement;
f. registration of social
security membership;
g. arrangement of a work
visa;
h. implementation of OPP;
i. signing of Emplo3aiient
Contract; and
j. departure.
Article 10
(1) The information
provision as referred to in Article 9 point a to Prospective Indonesian Migrant
Workers is at least in the form of:
a. labour market;
b. procedures for placement
and protection; and
c. work conditions abroad.
(2) The information
provision as referred to in section (1) is done online or oifiine.
(3) The information provision
as referred to in section (1) is carried out by BE^MI in collaboration with regency/municipal
government and village government.
Article 11
(1) Registration of
Prospective Indonesian Migrant Workers as referred to in Article 9 point b is
made online at Sisko P2M1 in addition to having the required documents.
(2) The complete required
documents as referred to in section (1) include:
a. electronic citizenship
identity card and family card;
b. statement of marital
status for those who are married
by attaching a copy of
marriage book;
c. letter of consent from
husband or wife, parental consent, guardianship consent that is acknowledged fay
village head or lurah;;
d. certificate of work
competency;
e. health certificate; and
f. national health insurance
membership card.
(3) The registration as
referred to in section (1) is carried out through Sisko P2MI integrated with
Sisnaker.
(4) The registration as
referred to in section (3) is free of charge.
Article 12
(1) The selection as
referred to in Article 9 point c is in the form of administrative selection and
technical selection.
(2) The selection as
referred to in section (1) is carried out by BP2MI.
(3) The administrative
selection as referred to in section (1) includes verification of documents as
referred to in Article 11 section (2).
(4) The technical selection
as referred to in section (1) is carried out in accordance with the request of
the government that employs Indonesian Migrant Workers or a legal entity
Employer in the destination country.
(5} In canying out technical
selection as referred to in section (4) BP2MI may include the government that
employs Indonesian Migrant Workers or legal entity Employer in the destination
country.
Article 13
Prospective Indonesian
Migrant Workers who have passed the selection as referred to in Article 12 are
announced by BP2MI via online.
Article 14
(1) Prospective Indonesian
Migrant Workers who have passed the selection as referred to in Article 13 must
cany out a medical examination and p^chological assessment as referred to in
Article 9 point d.
(2) The medical examination
for prospective Indonesian migrant workers as referred to in section (1) is
carried out in a health service facility in accordance with the provisions of
legislation.
(3) Psychological assessment
as referred to in section (1) is carried out in a psychological institute in
accordance with the provisions of legislation.
Article 15
Candidates for Indonesian
Migrant Workers who have passed the selection as referred to in Article 13 must
have a passport in accordance with the provisions of legislation.
Article 16
(1) The Prospective
Indonesian Migrant Workers who have passed the selection, have the results of a
medical examination and psychological assessment and have a passport as
referred to in Article 13, Article 14, and Article 15 must sign a Placement
Agreement.
(2} The Placement Agreement
as referred to in section (1) is signed by BP2MI and the Prospective Indonesian
Migrant Worker.
(3) Further provisions
regarding the Placement Agreement as referred to in section {1} are regulated
by BP2MI Regulation.
Article 17
A Prospective Indonesian
Migrant Worker who have signed a Placement Agreement must become a member of
the social security program before work.
Article 18
BP2MI facilitates the
process of obtaining a work visa accordingly with the provisions of the
destination country.
Article 19
Indonesian Migrant Workers
who already have a work visa must become a member of the social security
program during work and after work.
Article 20
(1) The OPP as referred to
in Article 9 point h must be followed by Prospective Indonesian Migrant Workers
who will be placed abroad.
(2) The OPP as referred to
in section (1) is organized by BP2MI.
(3) BP2MI in organizing OPP
as referred to in section (2} may cooperate with related institution.
(4) The OPP implementation
costs are borne by the State Budget.
Article 21
The signing of the
Emplojmient Contract as referred to in Article 9 point i is finalized during
OPP.
Article 22
Prospective Indonesian
Migrant Workers who have met the requirements of working abroad, before
departing, must collect biometric fingerprint data through Sisko P2MI at the
time of the OPP.
Article 23
BP2MI facilitates the
departure of Indonesian Migrant Workers who have finished a placement process
before work.
Article 24
BP2MI informs the details of
departure data of Indonesian Migrant Workers to the Labor Attache or foreign
service official appointed by the Head of Indonesian Mission in the destination
countiy through integrated system.
Article 25
(1) Implementation of the
stages as referred to in Article 9 carried out by BP2M1 is in coordination with
ministries/institutions and or local governments.
(2) In the event that the
local government has formed an Indonesian Migrant Workers' LTSA, the
coordination as referred to in section (I) is carried out through the Indonesian
Migrant Workers' LTSA.
Article 26
Further provisions regarding
the guidelines for the before work stage are regulated by BP2M1 Regulation.
Part Three
During Work
Article 27
(1) The during work stage as
referred to in Article 6 point b applies since the arrival of Indonesian
Migrant Workers in the destination country.
(2) Indonesian Migrant
Workers who have arrived in the destination country report their arrival to the
Labor Attache or foreign service oflicial appointed by the Head of Indonesian
Mission through the Citizen Protection Portal which is integrated with Sisnaker
and Sisko P2MI.
Article 28
(1) The Labor Attache or
foreign service official appointed by the head of Indonesian Mission as
referred to in Article 27 section (2) collects data on arrival and residence of
Indonesian Migrant Workers based on data submitted by BP2MI as referred to in
Article 24.
(2) The data on the arrival
and residence of Indonesian Migrant Workers as referred to in section (1) are
carried out by the Labor Attache or foreign service official appointed by the
Head of Indonesian Mission through the Citizen Protection Portal, which is
integrated with Sisnaker and Sisko P2MI.
Article 29
The Labor Attache or a
foreign service official appointed by the Head of Indonesian Mission provides
pre-work orientation to Indonesian Migrant Workers upon arrival in the
destination country.
Article 30
(1) Indonesian Migrant
Workers receive before work carried out by the Employer in accordance with the
provisions in the destination country.
(2) Indonesian Migrant
Workers who have received the orientation as referred to in section (1) begin
working for the Employer in accordance with the Employment Contract.
(3) The Indonesian Migrant
Workers as referred to in section (2) are given the identity of foreign workers
and social security or insurance by the Employer in the destination country.
Article 31
(1) In the event that the
Employment Contract has ended, Indonesian Migrant Workers report their return
plan to the Labour Attache or a foreign service official appointed by the Head
of Indonesian Mission.
(2) The process of returning Indonesian
Migrant Workers and fulfilling their rights is the responsibility of the
Employer in accordance with the EmpIo3TTient Contract.
(3) An Indonesian Mission
facilitates the return of Indonesian Migrant Workers in terms of arranging
travel documents for return.
Part Four
After Work
Article 32
(1) The after work st^e as
referred to in Article 6 point c applies since Indonesian Migrant Workers
arrive at Indonesian debarkation.
(2) In the event that
Indonesian Migrant Workers as referred to in section (1) have problems based on
reports from the Labour Attache or foreign service officials appointed by the
Head of Indonesian Mission, BP2MI facilitates Indonesian Migrant Workers from
Indonesian debarkation to their area of origin/hometown.
CHAPTER III
REPORTING
Article 33
The implementation of the
placement of Indonesian Migrant Workers carried out by BP2MI and the placement
services of Indonesian Migrant Workers carried out by the Labour Attache or
foreign service officials appointed by the Head of Indonesian Mission are
reported to the Minister through Sisnaker.
CHAPTER IV
TRANSITIONAL PROVISIONS
Article 34
The Computerized System for
the Protection of Indonesian Migrant Workers that has been provided by the
Indonesian Migrant Workers Placement and Protection Board must be integrated
with the Sisnaker not later than 6 (six) months after this Government
Regulation comes into force.
Article 35
The Placement of Indonesian
Migrant Workers carried out by the Indonesian Migrant Workers Placement and
Protection Board before this Government Regulation comes into force, remains to
be implemented until the end of the Employment Contract.
CHAPTER V
CLOSING PROVISIONS
Article 36
At the time this Government
Regulation comes into force, all legislation which constitutes implementing
regulations of Law Number 4 of 2013 on Procedures for Implementation of Placement
of Indonesian Workers Abroad by Government (State Gazette of the Republic of
Indonesia of 2013 Number 4, Supplement to the State Gazette Republic of
Indonesia Number 5389), is declared to remain effective to the extent not contrary
to the provisions of the of this Government Regulation.
Article 37
At the time this Government
Regulation comes into force, Government Regulation Number 4 of 2013 on
Procedures for Implementation of Placement of Indonesian Workers Abroad by Government
(State Gazette of the Republic of Indonesia of 2013 Number 4, Supplement to the
State Gazette of the Republic of Indonesia Number 5389), is repealed and
declared ineffective.
Article 38
This Government Regulation
comes into force on the date of its promulgation. In order that every person
may know hereof, it is ordered to promulgate this Government Regulation by its
placement in State Gazette of the Republic ofIndonesia.
Issued in Jakarta
on 29 January 2020
PRESIDENT OF THE REPUBLIC OF
INDONESIA,
signed
JOKO WIDODO
Promulgated in Jakarta
on 29 January 2020
MINISTER OF LAW AND HUMAN
RIGHTS OF THE REPUBLIC OF INDONESIA,
signed
YASONNA H. LAOLY
STATE GAZETTE OF THE
REPUBLIC OF INDONESIA OF 2020 NUMBER 37
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