NON-GOVERNMENTAL ORGANIZATION (NGO) AND ITS ROLE:

INDONESIAN WORKERS’ PROTECTION IN MALAYSIA

By:
NI MADE RAY RIKA AZZHARA
20180510033

INTERNATIONAL PROGRAM OF INTERNATIONAL RELATIONS

FACULTY OF SOCIAL AND POLITICAL SCIENCES
UNIVERSITAS MUHAMMADIYAH YOGYAKARTA
2019
 NON-GOVERNMENTAL ORGANIZATION (NGO) AND ITS ROLE:
INDONESIAN WORKERS’ PROTECTION IN MALAYSIA
Abstract

In contemporary Indonesia-Malaysia relations, migrant workers are a

intricate problem that must be solved. Many cases of marginalization and
unsolved persecution such as violence, sexual harassment, and killings of
migrant workers are indicated that regulations both Indonesia and
Malaysia have so far remained ineffective and weak, especially in
protecting the rights of migrant workers. This paper tries to explain the
important role of Non-Governmental Organization (NGO) to solve this
problem, especially in terms of of migrant workers protection. The
discussion of this paper will emphasize the ability of NGO, either in
encouraging governments to formulate good regulations or in advocating
for migrant workers themselves.

Keywords: Indonesian, workers, Malaysia, protection, NGO.

A. INTRODUCTION

Indonesia is a country that has a large population. Based on Worldometers data,

Indonesia currently has a population of 269 million people or 3.49% of the total world
population. Indonesia is ranked fourth most populous country in the world after China (1.42
billion people), India (1.37 billion people), and the United States (328 million) (Katadata,
2019).

The large growth rate of Indonesia's population that is not matched by the readiness
of the Indonesian state in various sectors has caused many problems to emerge. One of them
is the low level of population welfare. This is because the quality of human resources owned
by Indonesia is still low when compared to other countries in the world. Based on data from
the Central Statistics Agency (BPS) as of February 2019, of 129.3 million Indonesians
employed, as many as 75.37 million people (equivalent to 58.26%) were junior high school
graduates or below (CNBC, 2019). If it is related to the large number of population and lack
of job vacancies in Indonesia, it can cause a high number of population movements to seek
welfare in other regions and even to other countries, namely by becoming an Indonesian
worker.

Indonesian international migration studies have shown that migrants from Indonesia
are characterized by a low level of education, knowledge and skills, aged between 15-40
years. The lower the quality of the workforce, the lower their knowledge of their rights and
vulnerable to abuses, such as excessive working hours, lack of wages and cases of violence.

Malaysia recently is the major destination country, together with Taiwan and Saudi
Arabia as the second and third place. Approximately 95,785 Indonesian is working in
Malaysia (BNP2TKI, 2015). The issue of migrant workers from Indonesia in Malaysia has
always been a sensitive issue between the governments of Indonesia and Malaysia, and even
this often has implications for stretching bilateral relations between the two countries. Labor
issues such as violence, sexual harassment, until the killing of migrant workers, are always
a serious concern.

In this context, non-state actors, such as Non-Governmental Organization (NGO),

have a significant position. The role of NGOs is not only important but also very necessary
in efforts to solve problems and provide protection for these migrant workers.

B. RESEARCH QUESTIONS
1. How is the condition of Indonesian Workers in Malaysia?
2. How is the role of NGOs in protecting the Indonesian workers' rights in
Malaysia?

C. DISCUSSION

Migration is a global phenomenon that has lasted a long time. Movement of people
from country of origin to the outside of their borders increasingly frequent in almost all parts
of the world, with the increasing number and variety of causes. There are various reasons
that underlie migration, including economic reasons, uncertain domestic political situations,
and natural disasters.

Labor migration is part of the international migration process. Initially, labor

migration occurred to fulfill short-term labor shortages. There are several perspectives in
explaining the phenomenon of labor migration. First, the political-economic perspective that
sees international migration in the focus of issues such as inequality of wage levels that
occur globally and economic relations with the recipient country. Second, a security
perspective that views labor migration as a form of security threat in various countries.
Third, a humanitarian perspective that sees migrant workers not only as an economic
commodity but rather emphasizes the fulfillment of their rights, especially the protection
when they will be dispatched, during the period of work abroad, and the period of return
which must really be considered by the state.

Indonesian Workers in Malaysia

Indonesian workers in Malaysia face some conditions. The high number of

unemployment, the limited job vacancies, and chronic poverty in Indonesia, were arguably
become the primary factor. These conditions, of course, trigger many Indonesian to migrate
and improve their live even riskier. Under limited information and knowledge, Malaysia was
perceived as the best destination that promises better income, cultural similarities and
geographically close. Some employers in Malaysia prefer to recruit Indonesian workers with
various reasons, such as cheap, easy to communicate and hard workers. However, some
employers were violated the agreement committed before. Eventually, this factor leads to
the violence towards the employers, such as murder and even riots. Those factors portrayed
the overall condition of Indonesian illegal workers in Malaysia, i.e., demanded, exploited
and humiliated (Maksum A. & Surwandono, 2017).

The issue of migrant workers from Indonesia in Malaysia has always been a sensitive
issue between the governments of Indonesia and Malaysia, and often does not even have
implications for stretching bilateral relations between the two countries. Labor issues such
as violence, sexual harassment, until the killing of migrant workers, are always a serious
concern. According to Indonesian Embassy data in Malaysia, about 80% of cases of migrant
workers involve unpaid salaries, underage migrant workers (20%), abuse / murder (10%),
sexual harassment / rape (5%) and commercial sex workers (5%) (Sinar Harapan, 2007).

According to Migrant Care, an NGO concerned with migration issues, noted that the
number of deaths involving workers in Malaysia was quite high. Migrant Care estimates that
in 2007 alone, at least 653 Indonesian workers' deaths were tracked in Malaysia. The number
declined in 2008 with a total of 513 deaths and by 2009 the trend was reduced to 70 dead
workers in Malaysia. In addition, during 2006-2008 at least 289 cases of harassment of
Indonesian migrant workers had occurred (Silfia, 2009).
 In 2008, several cases of harassment involving Indonesian workers appeared in the
mainstream Indonesian media. In January 2008, for example, Yasinta Moy, a domestic
helper from Indonesia, was persecuted by her employees who affected her mental condition.
Subsequently in September 2008, an Indonesian worker suffered serious injuries after being
beaten and forced to drink boiling water by his employer in Negeri Sembilan state (Jawa
Pos, 2008). Also in the same month, a migrant worker was raped by five masked men in
Penang (Kompas, 2008). The number of cases is in accordance with the Indonesian Embassy
in Kuala Lumpur which records at least 766 cases occur each year (Bustami, R., Karim, A.,
& Maksum, A., 2012).

This phenomenon shows that these workers do not seem to get serious protection, both
from Indonesia as the country of origin of labor, and Malaysia as the country where they
work. Even though as a “pahlawan devisa”, these workers should receive serious attention,
especially related to the protection of their basic rights.

The Role of NGO

The current global political conditions show that actors in the international world are
not only state. Non-Government Organization (NGO) is one of the actors who have a big
role in the international world. According to A. Leroy Bennet, an NGO is an organization
that stands independently and is disciplined and as a liaison between the government and
the community or liaison between NGOs with NGOs, NGOs with the government and also
NGO with the community itself (Bennet, 1995).

From this statement it can be said that an NGO is an organization founded by

individuals or groups of people who voluntarily, which provide services to the general public
without aiming to benefit from its activities. NGOs are non-state actors, but have the same
strong nature and can cross national borders. NGOs established by a group of individuals or
domestic groups who are not representative of the government. This actor is included in the
analysis of the world system because his role can influence the policies of a country
concerned. NGOs have a very large role and contribution to handle and provide assistance
to their respective fields of expertise, including in handling cases that threaten human
security.

NGOs have become international relations actors who have significant influence in
international negotiations. The main factor why NGOs are able to play a large role in it is
the unique characteristics of NGOs that are able to bridge the elite who are at the level of
decision making with the people who have interests at the lower levels (Alfadh, 2013).

NGOs are now essential actors in international relations because they have
considerable resources, such as: (a) proximity to mass media that has become a "backbone",
(b) scientific information and knowledge, (c ) data and information transparency, (d) inter-
national NGO network (Thomas Pricen & Mathhias Finger, 1994). In the case of Indonesian
Workers in Malaysia, the role of NGOs is not only important but also very necessary, in
addition to the strength of the networks between NGOs in Indonesia and Malaysia, they also
have deep data and knowledge on labor issues because they have direct access to TKI. So in
an effort to solve the problem and provide protection for migrant workers, non-governmental
organizations are able to see the root of the problem wisely.

One of the NGOs in Indonesia that has consistently been fighting for migrant workers
is Kopbumi (Konsorsium Pembela Buruh Migran), besides Solidaritas Perempuan, which
focuses more on women migrant workers. Kopbumi has a fairly good relationship with
Tenaganita, one of the Non-Governmental Organizations in Malaysia which is engaged in
migrant workers. The forms of cooperation that have existed so far include, among others,
the exchange of information about the situation of Indonesian workers in all aspects. Some
NGOs engaged in the field of migrant workers also often hold meetings that aim to fight for
the improvement of the fate of migrant workers, especially in terms of protection, to be
forwarded to the government in the countries concerned, or to international bodies.

In terms of regulation and improving the quality of migrant workers, actually NGOs,
both from Indonesia and Malaysia, can play a very significant role. NGOs in Indonesia can
support the government's role in the protection of Indonesian migrant workers abroad
through the contribution of ideas and data to the making of laws governing the problem of
protecting migrant workers. NGOs with network strength and the availability of accurate
data can also be partners for the government. At the bilateral and international levels,
Indonesian NGOs can intensify their cooperation with Malaysian NGOs in encouraging the
Malaysian Government to also be willing to sign a more comprehensive convention on the
protection of migrant workers and their families. Diplomacy between the governments of
the two countries will be even more effective with the assistance and intense communication
with these NGOs, in addition to their direct closeness to migrant workers, as well as the
resources they have are quite accurate.
 Another form of support that can be provided is through advocacy efforts in the field
of law, especially regarding their rights and obligations as migrant workers. NGOs can also
make efforts to empower migrant workers in the form of increasing their expertise, for
example in terms of the occupational skills they will be living in or foreign language skills,
especially before their departure abroad. This process will be able to reduce the number of
migrant workers who leave unofficially, and also improve their bargaining position in the
destination country.

D. CONCLUSION

Population movements from the country of origin outside the borders of his country
increasingly occur in almost all parts of the world, with a growing number and reasons as
varied as the economy, uncertain domestic political situations, until natural disasters occur.
Labor migration is one part of the international migration process.

The issue of Indonesian migrant workers in Malaysia has always been a sensitive issue
between the two countries. Many unsolved cases of marginalization and mistreatment such
as violence, sexual harassment, until the killing of migrant workers were indicated that the
regulations are so far ineffective and weak, especially in protecting the migrant workers'
rights.

In this context, non-state actors, such as Non-Governmental Organization (NGO), has

a significant position. The role of NGO is not only important but also very necessary in
efforts to solve problems and provide protection for these migrant workers. The capabilities
of NGO include encouraging the government to formulate the fine regulations and
advocating the migrant workers themselves.

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