Embassy Of The Republic Of Indonesia Takes Civil Efforts In Cases Of Household Workers From Malang: 12 Years Of Work In Malaysia No Salary, Family Phones Banned

ART with the initials SB from Malang who works in Malaysia. (ANTARA/HO-KBRI Kuala Lumpur)

JAKARTA - The Indonesian Embassy in Kuala Lumpur is trying to fight for the rights of a domestic helper (ART) in Malaysia who claims that her employer has not been paid for 12 years. This household member with the initials SB (43) was instead demanded compensation of RM500 (Rp1.7 million) for running away.

When met in Kuala Lumpur, the woman from Malang with the initials admitted that she started working in Malaysia since 2009 in a Malaysian family. He called his employer not an ordinary citizen because he held an honorable title.

SB said that during the 12 years he worked for the family, he only once sent money to Indonesia worth RM300.

"At the beginning of work, the employer promised a salary of RM500 per month. However, every time I asked for the salary, it was always refused for reasons of fear of being lost," said SB, as quoted by Antara, Friday, October 29.

SB also admitted that he was forbidden to communicate with his family in Malang. He was once scolded by his employer because he was caught trying to contact his family by borrowing a cell phone belonging to an ART colleague who worked at the same place.

SB and his partner fled from their employer's house to seek protection from the Indonesian Embassy in Kuala Lumpur in February 2021. Because they fled without informing their employer, SB was required to pay compensation of RM500.

The Indonesian Ambassador to Malaysia, Hermono, expressed his indignation after learning that Indonesian migrant workers (PMI) were being charged with RM500 for seeking protection from the Indonesian Embassy. Meanwhile, his employer did not pay his salary for 12 years.

"This is beyond the understanding of a civilized human being. SB ran away from it because her employer had not fulfilled her rights as a household member for years," said Hermono.

The Indonesian Embassy in Kuala Lumpur has tried to mediate but was rejected by the employer who asked for the case to be resolved through a labor official. The Indonesian Embassy rejected the request because it would be considered detrimental to SB.

According to the Malaysian Expiration Law (Akta Had Masa 1953), the payment of compensation claims cannot exceed a period of six years.

This means, if it is resolved through the Malaysian Manpower Office, SB will only get his salary for a maximum of six years of service, while the rest cannot be paid.

The Indonesian Embassy chose a settlement through a civil court and has hired a lawyer to fight for SB's rights.

Hermono said that in the one year since serving as ambassador in Kuala Lumpur, he has encountered many cases of violations of PMI rights, especially those who work as household members.

Apart from cases of unpaid salaries for years, communication bans and physical violence are the most common cases experienced by PMIs who work in the household sector.

During this year alone, the Indonesian Embassy in Kuala Lumpur managed to fight for PMI's salary worth a total of around Rp4.75 billion.

Hermono hopes that the Memorandum of Understanding on the Placement and Protection of Domestic Sector Workers which has been negotiated by the governments of Indonesia and Malaysia since 2016 can be completed soon.

"We ask for protection guarantees and an effective case settlement mechanism for violations like this. Without adequate guarantees of protection, sending PMIs from the domestic sector to Malaysia, I think needs to be reviewed," said Hermono.