Indonesia and COVID-19: KSBSI facilitates pre-employment card and SPMI assists returning migrant workers

Indonesia has one of the lowest rates of COVID-19 testing, and it is concentrated in greater Jakarta where the country’s best medical facilities are. It is still unclear what containment measures Indonesian authorities will take, beyond social distancing and handwashing, to lower the rate of infections. The Indonesian President, however, has announced to allocate 2,55% of GDP or 15,9% of the APBN (state budget) for COVID-19 mitigation. It’s aimed at keeping Indonesia’s economy afloat during the coming weeks. For the moment, they’re mainly focussing on prevention. “The more individuals in the community learn about the preventive messages, the more chance they have to beat the virus”, said Yurianto, Government’s spokesman for COVID19-related matters.  The Indonesian government will implement a "Large-Scale Social Restriction (PSBB)" starting in Jakarta and surroundings city on 10 April. Every region in Indonesia can ask the Central government for PSBB implementation when it meets the requirements, such as data on increased number of COVID-19, prepared health facilities, quarantine plan, food distribution, cash transfer plan, limitation of public transport, etc.

WSM partner, the trade union KSBSI negotiated with management to set up hygiene and safety measures in the companies and factories to protect workers from the virus.  MPBI (KSPI, KSPSI and KSBSI) provides disinfectant spraying for the general public and distributes hands sanitizers to people in need.

KSBSI is also socializing and assisting members to collect data on workers lay-offs so that they can be registered for pre-employment benefits card, which has a cash transfer of 1 million IDR per month (around 80 Euro), for the next 4 months due to COVID-19.

WSM other partner in Indonesia, SPMI (previously SBMI) was involved to collect data from and assist at least 3.000 migrant workers that returned to Indonesia. They also had to pressure management for the payment of outstanding salaries for workers who had to leave.

ILO overview of COVID-19 measures implemented by governments, employers’ and workers’ organizations, and the ILO for Indonesia: link

Indonesia moves toward universal system of social protection

After many years of focusing on pro-poor and targeted approach of fighting poverty, since 2004 Indonesia is shifting its SP system towards universalism of social protection. The umbrella law number 40/2004 on SJSN (Indonesian National Social Security System) was adopted to provide five benefits programmes : Universal Health care, Accident at work insurance, Old age insurance, life insurance and pension fund.

After joint pressure from the trade Unions, in 2014, 10 years after its adoption, the government started to implement the Universal health care in 2014, and other labor related programmes and pension fund in 2015. The management of SJSN will be under two non-for-profit social security administrating bodies for Universal health care (BPJS health) and other Labor related programmes (BPJS Labor). It is monitored by a national board of social security (DJSN), also responsible to formulate general policies of the system. All these three bodies include representatives from government, employers, trade unions and academic/experts.

Sustainable Development Goals 1.3 focuses on implementing nationally appropriate social protection systems and measure for all, including floors, and by 2030 achieve substantial coverage of the poor and vulnerable. In 2016, the World Bank, the ILO and world leaders launched the Global Partnership for Universal Social Protection (GP-USP 2030) aimed to help countries to reach SDG 1.3. The Global Partnership created an interim steering committee composed out of two representatives from high-income countries, two representatives from Middle-income countries (Indonesia and Mexico) and two from representatives of Low-income countries. 

Prior to the ILO Global Social Protection Week, 25-28 November 2019, Indonesia partners KSBSI with WSM took the initiative to organize a national forum on Social protection, on 6th of November 2019 in Jakarta. The key resource speakers and their topics: Mr. Maliki (Interim Steering Committee in the GP-USP2030) on Indonesia Roadmap for USP, Mr. Rekson Silaban (KSBSI/ workers’ reps in BPJS) on CSO/TU Agenda setting on SP, Mr. Subiyanto (KSPSI/ workers’ reps in DJSN) on 15 years of SP and Mr. Irham Saifuddin (ILO Jakarta) on SP Floor.
Also attending were all trade union confederations; KSBSI, KSPSI, KSPI, migrant workers organizations; SBMI and JBM, Wage Indicators, Japbusi-Plantation workers alliance, and many national federations, from garment sector to informal workers.

The forum agreed on a common national agenda:

1.  Harmonization of laws and regulation on SP; Revision of Law nr. 40/2004 and other regulations;
2. Expansion of coverage on ‘missing middle’, informal workers, migrant workers, domestic workers, workers in plantation sector, and workers in  a micro-small enterprises (who can’t afford a whole package of social security);
3. Unemployment Insurance: insurance for workers whose job are terminated or as an impact of Industrial revolution 4.0 by providing re-skilling, up-skilling and vocational training;   
4. Increasing benefits for workers on accident and life insurance and housing for workers.

With the parliament and presidential elections finished and new cabinets were established by accommodating competitors, political tensions are rapidly decreasing. It opens the possibility for various trade union and civil society organizations to jointly work and advocate for Universal Social Protection.

Indonesia’s reviewed law on labour migration

On Thursday October 12, ANRSP members KSBSI and SBMI jointly organized a workshop on Indonesia’s reviewed law on labour migration. The current legislation, Bill nr 39/2004, has been in effect for 13 years and its revision is in the last stages. Without obstacles it will be approved in parliament on October 28 this year. Generally speaking, both KSBSI and SBMI think some amendments to the decree are positive, others require a critical look and still other elements are not sufficiently taken up in the reviewed of the bill.

The new amended Bill will focuses on the protection of migrant workers. For example, Indonesia will no  longer send migrant workers to countries oversees who didn’t sign a Memorandum of Understanding with the Indonesian Government. Also the sanctions by law for offenders will be strengthened. The possibility to combine jail-time and financial sanctions will make the sanctions more applicable in practice.

The reviewed bill also shifts the migrant workers’ social protection. Instead of a separate social security mechanism (private, for profit), migrant workers now have to join the universal, non-profit, State owned social protection body called BPJS. According to KSBSI and SBMI, as such this is a positive evolution. However, the new social protection body cannot cover all risks the former system covered (for example repatriation, sexual harassment, etc). Furthermore not all possible social protection schemes are being made compulsory for migrant workers.  KSBSI and SBMI state that all social protection schemes should be made compulsory for migrant workers. This means the government should not see migrant workers as informal workers. To cover the other risks, it might be more feasible to solve this problem in the short term by bringing the responsibility for very specific migration related risks (like repatriation) to the ministry of foreign affairs. Widening the possible schemes within the BPJS, might prove to be a much more challenging approach in the short term.

Unfortunately many questions remain on the actual implementation.  The role of government institutions increases, but who is going to monitor what will happen in the bureaucracy?  For example: how will it be guaranteed that migrant workers don’t have to pay for their recruitment themselves? So there should be an independent monitoring body that can not only mediate, but that can also sanction effectively.  KSBSI and SBMI also know that offences are happening right at the recruitment phase, even before migrant workers leave the country. So legal aid should be provided by the government even in the pre-process stage.

Another gap is the important phase of the recruitment and the placing of Migrant workers.  Unfortunately the bill doesn’t tackle this issue well. Another derivative regulations on placing will be needed.

Indonesia synergy focuses on young workers and political action

The WSM partners in Indonesia KSBSI and SBMI working on labour migration choose young workers and political action as the areas they wanted to improve in.

For political action, they dream their synergy is able to influence the government in making labour migration policy and socialize it towards members and officials, especially at local level. In short term, they expect to see:

• Socialisation in four regions for 100 members of KSBSI and SBMI
• In three regions, meeting with local level authorities to explain legislation and adapt similar regulation at local level.
• Synergy drafts a proposal of local level regulations and ministerial decree at national level

On mid-term, they would like to see:

• Local level regulations are adopted and implemented in four provinces.
• Ministerial decree is adopted with operational details about recruitment agencies (criteria, responsibilities, fees)
• Synergy to influence the government during MoU for bilateral agreements regarding protection of migrant labourers

And in long term, the participants would love to see:

• Bilateral agreements between Indonesia and receiving countries hold provisions for migrant labourers passport held by labourers, legal assistance from embassies, freedom of association is respected, one day holiday/week, able to communicate with family.
• Government regulates and manages the placing of migrant labourers

Regarding the young workers, they hope the synergy contributes to young workers to be professional, responsible and independent. They expect to see in the short term:

• 100 young workers members are made aware of labour migration regulation
• Maintain or increase the involvement of young workers in synergy through leadership training, targetting them specifically in invitations for meetings or training, use of social media.
• Targetting students at universities and colleges before departure or employment to join trade union.

They would like to see the SBMI-KSBSI membership of young workers increases by 300 through the synergy activities. On long term, participants would love to see that through the synergy, 80% of these new members are aware of their rights and able to defend themselves.

As this was their first time using the WSM approach to capacity strengthening, participants greatly appreciated the session and the way it helped them evaluate their work and plan for the future.

2014-2016 impact: Illustration labour rights: migration

Labour migration largely occurs under temporary migration regimes and for less skilled work. Migrants often fill jobs unattractive to nationals, the infamous three Ds: Dirty, Dangerous and Demeaning. Examples of this are the Nepali and Indian migrants travelling to Gulf countries like Qatar to work as domestic or construction workers. Migrant workers make an enormous development contribution to the region’s economies – through skills, labour, services and competitiveness in countries of destination; and financial remittances, skills and knowledge upon return to their countries of origin. In destination countries many migrant workers fill labour market niches by doing jobs that nationals do not want or cannot fill. Yet many migrant workers in the region are subject to labour exploitation and abuse during recruitment and employment. Several of the WSM partners focus on organizing and defending labour migrants rights.