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Peran BP2MI Nunukan dalam Pelindungan Pekerja Migran Indonesia

  1. 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.
  2. The Power of PowerPoint - I Outline Introduction II Partner Profile III Internship Realization IV Conclusion V Self Reflection VI Analysis of IR’s Perspective
  4. 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 ).
  5. - 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)
  6. 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.
  7. - 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.
  8. 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 :
  10. 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.
  11. 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
  12. 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
  13. “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
  14.  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
  16. 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
  17. 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
  18. 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.
  20. The Power of PowerPoint - 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.
  21. 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
  23. 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.
  25. 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.
  26. 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
  27. 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.