Guidelines for Practitioners in Managing Cases of Indonesian Migrant Workers in the Evidence Collection Process

Published on: December 28, 2023 Language: English Type: Strategic Legal Research

This research addresses the escalating phenomenon of labor migration from Indonesia, driven by a dearth of domestic employment opportunities and soaring unemployment rates. While this trend offers economic prospects, it concurrently gives rise to issues stemming from hazardous migration practices, often culminating in legal disputes.

The cornerstone of legal protection for Indonesian migrant workers (IMWs) is Law Number 18 of 2017, officially titled the Protection of Indonesian Migrant Worker (Law No. 18/2017). This legislation, alongside prior statutory regulations, serves as a safeguard for IMWs. However, challenges persist, particularly in accessing critical evidence for legal proceedings, a hurdle commonly faced by IMW representatives dealing with recruitment agencies and other entities.

The paper serves as a comprehensive guide for practitioners involved in Indonesian Migrant Workers (IMW) cases, offering practical insights into evidence collection. By detailing the legal basis, required documents, sample letters, and step-by-step procedures for each case, this guidance equips practitioners to navigate the complex landscape of IMW cases effectively. Procedures for requesting evidence from key bodies such as the Indonesian Migrant Workers Protection Agency (BP2MI), the Ministry of Foreign Affairs, the Ministry of Law and Human Rights, migrant worker placement companies, health facilities, and acquaintances of IMWs are clearly outlined, for practitioners reference.

The research was a product of countless hours of work by our pro bono partners Ginting & Reksodiputro (in association with Allen & Overy), JWB staff, and volunteers. We would like to extend our utmost gratitude to Mr. Sucipto, founder of the Association of Former Migrant Workers and Family Association (Perkumpulan Tenaga Kerja Purna dan Keluarga Indonesia or Pertakina), Mr. Juwarih, a leading paralegal in Indonesian Migrant Workers Union (Serikat Buruh Migran Indonesia or SBMI) for their unremitting guidance and contribution to the paper. Please consider a donation in support of JWB’s programmes for migrant workers when you download the paper.

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