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Court Dismisses Lawsuit Against Indonesian Govt for Failing to Protect Migrant Workers
Agus Triyono | February 07, 2012

Migrant rights activists have accused President Susilo Bambang Yudhoyono of not doing enough to protect overseas workers. (Antara Photo) Migrant rights activists have accused President Susilo Bambang Yudhoyono of not doing enough to protect overseas workers. (Antara Photo)
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The Central Jakarta District Court has dismissed a lawsuit brought by domestic workers’ rights activists against the government for failing to protect the country’s maids at home and abroad.

In his ruling on Tuesday, Judge Herdin Agustin said the suit failed to prove that the government had not done its utmost to protect domestic workers, despite not yet ratifying the 1990 UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

Restaria Hutabarat, a lawyer for the group filing the suit, said her camp was disappointed with the ruling.

She said the court had overlooked ample evidence and testimony from migrant workers who had experienced violence and other forms of abuse.

“These are the facts that our maids live with because domestic policies on their protection are minimal,” she said.

“But unfortunately, the court chose to ignore it all.”

The suit was filed in April 2011 by the Action Committee on Domestic Workers, an umbrella group for 162 activist organizations and individuals.

In their suit, the plaintiffs named President Susilo Bambang Yudhoyono, Vice President Boediono and the House of Representatives as respondents.

Others named in the litigation include Foreign Minister Marty Natalegawa, then-Justice Minister Patrialis Akbar and the National Agency for the Placement and Protection of Indonesian Migrant Workers (BNP2TKI).

“These parties were all guilty of negligence for not immediately ratifying the convention on migrant workers, which in turn has deprived us of national legislation on protecting domestic workers,” Restaria said.

The plaintiffs had called in their suit for the government to pass legislation recognizing maids as workers and granting them the same rights and protections given to the latter.

They also called for amendments to the 2004 Law on the Placement and Protection of Indonesian Migrant Workers, which they said was insufficient in providing protection for maids working overseas.

The plaintiffs added that the law fell short of complying with the convention on protection of migrant workers, including its failure to acknowledge that most Indonesian maids abroad were being made to endure 12- to 16-hour workdays.

Also among the plaintiffs’ contentions is that the 2004 Labor Law does not comply with international conventions and that existing regulations fail to consider the harsh conditions endured by more than 10 million Indonesian maids globally.