The high incidence of human rights violations among migrant workers is largely due to the lack of access to social security and social protection across national borders. This issue is particularly concerning for those working in informal and low-skilled sectors, which make up around 60% of the total pool of migrant workers at the ASEAN level. Sender countries often lack the economic and social resources to provide social protection and welfare guarantees for their citizens, forcing many to seek livelihood abroad.
The extent of social protection afforded to migrant workers can be influenced by differences in legal provisions and government administration. Receiving countries usually limit recipients of social security to their nationals, and even if they do provide social security, administrative requirements such as payment of premiums and residency are often present. Even where laws permit migrant workers to access social protection services, administrative obstacles like complete immigration documents and payment mechanisms can hinder their actual access.
Migrant workers often seek compensation for work accidents, but this is only a small aspect of legal and social protection for migrant workers. Social protection is essential for providing long-term protection for migrants, including being included in old-age benefit programs to ensure they have access to their home country’s social protection system upon returning after years of significant economic contributions. Short-term components of social protection include access to primary health care and health insurance, support for pregnant migrants, and compensation for families left behind. For migrant workers working in the informal sector, the problem of social protection is exacerbated because the informal employment sector is not fully covered by labor laws, and social protection tends to benefit those in the formal domain.
This study focuses on the social protection problems faced by Indonesian illegal migrant workers in Malaysia, a country with weak social protection or security systems. The research involved 110 respondents aged 20-65, who were either male or female and had at least one year of experience. Malaysia was chosen as it is the nearest country to Indonesia and a primary destination for these workers. Data collection focused on their legal status and health access experiences. Structured interviews were conducted, and the final stage involved data analysis and interpretation.
The state must be present for all citizens, including migrant workers. Indonesia has several legal regulations regarding labor protection and access to social security, including Law Number 39 of 2004 and Law Number 18 of 2017. These regulations aim to protect the interests of prospective migrant workers and their families in realizing guaranteed fulfillment of rights in all activities before, during, and after work in legal, economic, and social aspects. Law 18/2017 regulates the protection of Indonesian migrant workers, ensuring they receive professional and humane services without discriminatory treatment. It covers various forms of protection, such as information regarding work wages, legal protection and assistance, provisions for holding personal documents, and a guarantee of freedom of association. Law 18/2017 also covers working conditions, such as working hours, wages, payment procedures, leave and rest time rights, and social security or insurance facilities.
The study emphasizes the importance of integrating and coordinating the role of government in improving the protection of Indonesian migrant workers. Village governments have the duty to receive and provide information and job requests from employment agencies, while higher levels of government have other duties. Malaysia has a legal framework for protecting illegal migrant workers, with the majority coming from over 12 Asian nations. Approximately 20% of Malaysia’s employment is documented migrant workers, totaling over 2.2 million individuals. The country’s workforce is estimated to be 11.4 million, with an additional 2.2 million workers without proper documentation. This means that migrant workers could constitute almost one-third of Malaysia’s workforce.
The Federal Constitution of Malaysia recognizes the basic human rights of all residents, prohibiting discrimination based on religion, race, ancestry, place of birth, or sex. Malaysia has several social protection schemes that provide insurance for migrant workers, including those from Indonesia. These schemes include the Foreign Workers Insurance Guarantee (FWIG), Foreign Workers Hospitalization and Surgical Scheme (SPIKPA/FWHS/SKHPPA), Foreign Workers Compensation Scheme (FWCS), and Maid Insurance/Domestic Workers Insurance. FWIG is required for foreign workers in various sectors by the Immigration Department under Immigration Regulation No. 21, with the exception of domestic workers. Employers must provide insurance for foreign workers to renew their work permits and as security for them when they are sent back to their home country. The period and premium for foreign workers taking part in this insurance depend on their country of origin.
SKHPPA or SPIKPA is a health insurance requirement for foreign workers in Malaysia, implemented starting 1 January 2011. The policy requires employers to provide health insurance for their foreign workers, regardless of their sector. If medical costs exceed RM10,000, foreign workers must pay the rest themselves. The Malaysian government has collaborated with private insurance companies to provide health insurance for foreign workers. The Workmen’s Compensation Act (1952) mandates employers to register their workers in this insurance scheme, covering costs such as death, permanent disability, loss of wages due to temporary disability, medical treatment costs, and repatriation. Domestic Workers Insurance is a social protection for domestic workers in Malaysia, covering unintentional work accidents, work accidents causing disability, and medical treatment. However, it does not cover costs of pregnancy, childbirth, miscarriage, or similar medical events.
The government justified the policy by criminalizing migrant labor and portraying Indonesian workers as onerous to the public. Despite industry demands, the government dismissed these justifications. The state government has declared its intention to implement the Hire Indonesian Last policy, requiring companies to replace Indonesian workers whose work licenses had lapsed with workers from other designated countries. Following this strategy, the Malaysian Immigration Act 1959/1963 was revised to address illegal immigration with stricter penalties.
The research concludes that illegal migrant workers in Malaysia face issues relating to access to healthcare services. Despite national and international policies and laws, gaps in protection of the rights of migrant workers remain evident and must be closed. The lack of legal protection and social-health insurance and the lack of protection of migrant workers’ rights in obtaining access to quality health services contribute to the decline of the health status of Indonesian illegal migrants. For both economic and humanitarian reasons, the rights, especially those relating to health, of illegal migrant workers must be protected.
Author: Aktieva Tri Tjitrawati and Mochamad Kevin Romadhona
