Artikel Jornal Publikasi Internasional TKW

ABSTRACT

SENDING THE INDONESIAN WORKERS TO MALAYSIA:
A CASE STUDY: THE FEMALE WORKERS FROM CENTRAL JAVA WITH A PHENOMENOLOGY APPROACH

By
Tjipto Subadi (Muhammadiyah University of Surakarta, Central Java, Indonesia)


This study aims to examine (1) the main cause of the female workers (FWs) in Malaysia from Central Java, Indonesia tortured by their employers, (2) the responsibility of the BP3TKI as an agency sending FWs if there is a problem of the FWs, (3) the steps the Indonesian and Malaysian government take to cope with the case of the Indonesian Labors (ILs) tortured by their employers, and (4) the model of cooperation for sending ILs to Malaysia professionally.
The study used a phenomenology qualitative approach with a social paradigm definition of micro analysis. The subjects were the FWs in Malaysia tortured by their employers. The data gathering used an observation, documentation and interview method. The data analysis employed a method of first order understanding and second order understanding with an interactive model, including data reduction, data display and conclusion/verification.
The findings show that (1) the main cause of torturing against the FWs is a miscommunication, low competency, cultural difference, feudalism behavior, bad institutional structure and difference in Act. (2) The responsibilities of the BP3TKI are legitimate and non-legitimate. (3) The steps the Indonesian government takes are (i) providing a guarantee to employers who do not have any problem for employing the Indonesian workers, (ii) establishing a Cooperation Agency for Problem Solving, (iii) giving one-day or one-week furlough to the FWs, (iv) if there is no furlough, an employer will give any compensation to them, (v) all the problems of the FWs must be resoled by the Indonesian and Malaysian Cooperation Association, and (vi) revising the Memo of Understanding (MoU) of the Labor Force. (4) The model of cooperation for sending the WFs to Malaysia is revising and completing the MoU, containing, among others, high wage, furlough, passport holders by (LIs), task force establishment, Labor Force Act, equal-working appointment, a great priority of human values and anti-slavery, discrimination, gender and anti-trade of human.

Keywords: torturing, human values, anti-slavery


A. BACKGROUND
Population mobility, known as migration, formally had begun since1905. This mobility was intended to meet the need of farming workers. At the moment, the Dutch government had migrated 155 heads of household from Java to the Gedong Tataan of South Sumatra (Mantra, 1988: 160). In Central Java, the 1980 population census indicates that the migration to the outside of Java was 2,402,557 people and that to Java was 1,804,115 people. In 1990, the migration to the outside of Java was 3,416,923 people and that to Java was 3,058,725 people (Firman, 1994: 6) In Central Java, the amount of transmigration tend to fall from 2002 to 2007. In 2003, a transmigration target of 1,249 heads of households could reach 1,087 heads of households (3,989 people). In 2007, a transmigration target of 856 heads of households could amount to 581 heads of household (2,158 people) (RPJM-D of Provincial Central Java in 2008-2013).
In 2002, the condition of labor in Central Java was reflected in the productive age (over 15 years old) reached 15,892,588 people, 9,514,816 (59.13%) of whom they and 6,377,772 (40.13%) of whom they were a male. The amount of the employed people attained 14,230,276 people, 8,614,571 (60.545) of whom they were a male and 5,615,705 (39.46%) of whom they were a female. A working labor force rate (WLFR) was 71.70%, 87.68 of whom they were a male and 56.7% of whom they were a female. Based on the opportunity for employment, a farming sector was significantly high (39.10%), a trade sector reached 19.17%, a manufacturing industry attained 16.32%, a service sector reached 14.51% and the other sectors were construction, electricity, gas, water, mine and exploration, transportation, communication and finance, for example.
The amount of the unemployed in Central Java reached 984,234 people (6.25%) of the productive age of over 15 years old, 567,608 (57.67%) of whom they were a male and 416,626 (42.33%) of whom they were a female. Concerning the group of age, the 15-14-year-old people reached 98.07%, the 55-59-year-old people attained 0.54% and the over 60-year-old people reached 1.34%. The high unemployment rate was due to the limited opportunity for employment although they took a training, private business and informal sector establishment, productive-economic development and wide accessibility to the opportunity for employment abroad. In 2002, there was an exodus of 6,536 heads of household (25,239 people) in Central Java (Mardiyanto, 2004: 115-116). The amount of the unemployed was high (984,234 people in 2002, 912.513 people in 2003, 1,299,220 in 2004, 1,422,256 people in 2005, and 1,296,000 in 2006. The amount of people included in the semi-unemployed was 5,350,413 people in 2002, 5,238,231 in 2003, 5,394,965 people in 2004, 5.185,409 people in 2005 and 5,062,062 people in 2006.
An economic factor is dominantly considered as a main reason people migrate. This is consistent with Todaro’s finding (1992), stating that the gap of pay is a determinant why people migrate. Todaro states that the factor in pay is one of the determinants of labor mobility from an area with overabundant workers in a low wage to that with fewer workers in a high wage. This approach assumes that a rationally economic pattern is migrants’ decision, finally leading to labor transfer.
Most the findings of migration researches by Hugo (1975, 1982), Temple (1974), Mantra (1988), Sjahrir (1990), Mulyantoro (1991), and Sutomo (1993) state that an economic factor is a main reason people migrate. Actually, however, there are such other factors as social, healthy and life insurance that have not been examined yet. The finding of Tjipto Subadi’s research (2004), entitled A Migration of Tegalombo People Village: an Analysis of Circular Migration in Phenomenology Perspective states that a process of making decision in circular migration depends on whether or not there is some consideration of social relationship, economic favor, healthy and life insurances.
This phenomenon could be assumed to send female workers (FWs) to a country that will employ workers that a major reason they become a female worker is due to an economic problem, Indonesian worker’s low wage. It is such a condition that encourages ILs to make a decision in working abroad because a wage is higher than in Indonesia, and Malaysia is one of the destination countries for FWs of Provincial Central Java.
Ahamd Kamil Mohamed (2007) states that Malaysia is one of the countries that needs the highest foreign workers in Asia. About 12% of its labors are the foreign people where most of them work in a training field, oil palm farm and domestic service. Almost a half of million foreign people are illegal, most of whom they come from Indonesia and they have left Malaysia for a forgiving program ending on February 2004. This condition has caused the country to be in a lack of workers, leading the industry to have millions of ringgit (the currency of Malaysia) in loss (Utusan Malaysia, April 11, 2007).
Indonesia is one of the highest labor sources in Malaysia. As one of the Indonesian province, Central Java greatly contributes FWs to Malaysia. For the Indonesian government, sending its labors and FWs to Malaysia is one of the ways to solve unemployment and contribute a foreign exchange of $2.6 million (Darwin, etc., 2005: 280). According to Labor Force and Transmigration and Demography Affairs of Provincial Central Java, the remittance sent to Central Java attains Rp 926,085,803,912.
For the Indonesian government, in one side, sending ILs abroad is necessary to solve unemployment but, in the other side, the TKW has many problems in a destination country, for example, torturing or mistreating against WFs in which this problems has not been in solution yet.
In tempointeraktif.com on Tuesday, June 27, ILs getting tortured or mistreated by their employers were Siti Hajar and Modesta Rengga Kaka. Modesta presumably tortured by Choo Pelling has a very serious body injury. Her auricle of ears cannot work normally so he is very difficult to communicate with other people effectively. The most extreme is that according to a physician, her eardrum is permanent to be out of order. The torture against Modesta is revealed by the testimony of Choo Pelling’s neighbor who feels merciful to her for getting a punishment to stand up on night Wednesday (June, 26) when raining heavily. Then, the neighbor called a local police. In one hour later, the police came to Modesta and arrested her employer (Choo Pelling) at Ampang Police Office.
At the camp of the TKW in problem in the Embassy of Republic of Indonesia (KBRI) in Kuala Lumpur, Modesta said that he was punched and hit with a wood and rattan. In addition, she only had a meal once a day and had got a salary for nine months; and she also said that she did not escape because of expecting her salary to be paid for. According to Widyarka Ryananta, a Ministerial Counselor of Social and Cultural Information of the KBRI in Kuala Lumpur, he will assist closely with her in a legal process. The KBRI has sent a letter to HANZZSdn Bhd, an egency sending her to Malaysia. According to Sumardoko, a Head of Social Relationship of Labor Force and Transmigration, said that he does know about Modesta’s problem but he promises to contact Teguh Hendro Cahyono, an Attaché of Indonesian Labor Force in Malaysia.
As stated above, sending the TKI to Indonesia is one of the ways to solve unemployment and contribute a foreign exchange. However, in a process of recruitment and allocation of the TKI always become an unfavorable party. In addition, there are many problems with a fee charged to ILs before going abroad and a legal guarantee for safety is not yet a priority of ILs.

B.LITERATURE REVIEW
1.Migration Theory
In essential, the permanent population mobility from a rural to urban area is similar to the circular one, especially regarding an intention and process of decision making for mobility (Mantra, 1987: 140-144). The decision making for being the permanent or non-permanent largely depends on a capacity of the urban area to developing industry (Mc. Gee 1977 in Abu-Lughod and Hay, edition, 1977: 209-211; in Sutomo 1993: 22), an opportunity for employment in trade sector and servant sector, and other sectors. The population mobility will occur if an individual decides to live in a destination area permanently because it will be more favorable.
A migration mechanism always relates to a process of decision making. Therefore, a theory of understanding the mechanism is Lee’s push-pull. It assumes that each migration phenomenon always relates to the place of origin, destination area and kinds of detriments. According to Lee, there are four factors influencing how people make a decision for migration, including the place of origin, destination area, detriment, and personal.
The factors in the place of origin and destination area can be positive, negative or neutral. The place-of-origin factor will be positive if it encourages migrants’ intention; this factor will be negative if it impedes migrants’ intention; and the factor will be neutral if it does not influence migrants’ intention. The factor in a destination area will be positive if it attracts migrants’ intention; this factor will be negative if it impedes migrants’ intention; and the factor will be neutral if it does not influence migrants’ intention (Lee, 1966, translated by Daeng, reviewed by Mantra, 1987: 5). Based on the findings of migration research, it could be concluded that (1) the migration relates to distance, (2) the migration is gradual, (3) migration is circular, (4) there is a difference between a rural and urban area in terms of migration intention, (5) the females prefers to migrate to nearby areas, (6) there is a relationship between technology and migration, and (7) an economic aspect is a main cause of the migration intention.

2.LIs in Malaysia
According to the Head of Malaysian Immigration, there are twenty four million foreign workers in Malaysia nowadays (V.P. Sujata and Farik Zolkepli, 2007), one million and two hundred people of whom they are legal and twenty two million and eight hundred people of whom they are illegal (Berita Harian, June 24, 2004). Datuk Seri Radzi Sheikh Ahmad, a Minister of Malaysian Domestic Affairs, said that in 2006 the total amount of the foreign workers attained 1,850,063 people, most of whom they come from Indonesia (Ruhaidini, 2006). See Table 1.

Table 1 The Statistics of Foreign Workers in Malaysia
in the First Three Months in 2006
---------------------------------------------
No. Foreign Workers Amount
---------------------------------------------
1. Indonesian 1,215,036
2. Nepal 200,220
3. Indian 139,716
4. Myanmar 92,020
5. Vietnam 85,835
6. Bangladesh 58,878
7. Philippino 22,080
8. Pakistan 15,021
9. Thailand 7,282
10.Sri Langka 5,076
11.Cambodian 6,637
12.Others 2,262
---------------------------------------------
Total 1,850,063
---------------------------------------------
Source: Ruhaidini Abd. Kadir (2006)

See Table 2 and 3

In Table 3, it is reported that from 1995 to 2007 the allocation of the TKIs in a destination country totally amounted to 5,624,097 people where most of them (2,004,885) worked in Malaysia. In Table 1, the Statistic Data in 2006 reported that the TKIs in Malaysia were 2,004885 – 222,198 = 1,782,687 > 1,215063. It means that there were 567,652 Indonesian workers who worked in Malaysia illegally.
In 2005, Kompas daily newspaper published on May 11, 2005 reported that 72% of the foreign workers from Indonesia were legally a female. Most of these people were a servant and got a very low income. In the latest statistic data published in Utusan Malaysia (June 17, 200), it is reported that there were 310 foreign workers as a servant. About 90% (or 250,000) of these people come from Indonesia (Yulpisman Asli, Nizam Yatim dan Anand Kumar, 2007).
Also, in 1995, there were 30 foreign servant agencies in Malaysia Daily, June 27, 2007). These agencies play an important role in a process of recruiting servants. They will cooperate with the Indonesian agencies for give any training and course to servants so that they can work for the Malaysian employers professionally.
According to AHM Zehadul Moha Asridan Mohad Isa, the Indonesian servants get a great priority because of a low salary. In addition, they can communicate with their employers with a language that is easy to understand. Their average salary ranges from RM400 to RM600 in comparison with the Philippine servants of RM7600 at a minimum a month (NanYangSiangPau, May 24, 2007). L

3.The Indonesian and Malaysian Governments’ Protection of the WF
The Indonesian Republic Act of No. 39, 2004 concerning the Allocation and the ILs Protection Abroad stipulates that in Article 77, Clause 1 each Indonesia worker has a right to get a protection. As stated in Clause 1, the Indonesian workers get a protection from pre-allocation, during allocation to post-allocation In Article 78, Clause 1 the Indonesian representatives protect ILs abroad based on the Act and International Law. In terms of ILs protection abroad, the government can appoint the Labor Force Attaché at the Indonesian Republic Representative.As stated in Clause 2, the assignment of the Attaché is based on Act.
Concerning the protection of during allocation abroad, Article 79 stipulates that the Indonesian Representatives develop and supervises the allocation of the private IL and those who work abroad. In Article 80, Clause 1 the protection of the IL abroad includes (a) giving a legal aid complies with the rule and regulation in a destination country and international law. (b) The protection rights are based on the working appointment and/or Act of the country where ILs work. As stated in Clause 1, the protection of during allocation of ILs abroad is based on the government’s rule and regulation.
In Article 81, Clause 1 in consideration with the protection of ILs or labors for equality in the opportunity for employment and/or labors in relation to national need, the government has a right to stop and ban the ILs working abroad for the country or allocation of ILs as a worker abroad. Clause 2 stipulates that in stopping and banning the ILs working abroad refers to Clause 1. The government pays attention to suggestion and consideration of ILs Allocation and Protection National Agency. As stated in Clause 1, Clause 3 stipulates that stopping and banning ILs is based on the government’s rule and regulation.
Regarding the protection of the FWs in Malaysia, the Malaysian government has issued A Guideline and Qualifications of Employing Foreign Servants (GQFS). The Malaysian Immigration Agency (2006), coordinating foreign workers, has determined 30 guidelines and qualifications of employing foreign servants informed to employers and servant agencies.

4. Phenomenology
The study used Berger’s phenomenology with a social definition paradigm of micro analysis leading the individuals as a subject of the study to interpreting, and then the researchers interpreted it for finding a scientific knowledge in terms of the case of the WFs torture. It examines some knowledge of the FWs from Central Java in working Malaysia, tortured by their employers as a subjective reality. As stated above, Berger defines it as the first order understanding (asking the researcher to interview the researched people for finding accurate information) and second order understanding (explaining and interpreting it to the researched people for finding a new meaning). In addition, the use of this perspective is morally dependent on examination, data gathering, analysis or conclusion making where it does not mean a force but meaning.

5. An Effect of Labor Mobility on Development
Labor mobility can be defined as a movement across job sectors or that of work places across areas and countries. The movement across sectors is usually accompanied by a movement of work place. In such a condition, it can be said that the labor mobility is not free from a problem of human, movement, destination and migration income. A migration problem is related to demography that is not completely solved due to a complex factor.
Migration, in one side, can directly influence a distribution across areas, and countries, demography composition across ages and of labor force. Many demographists, in the other side, think that an economic factor is a main intention to migrate. This factor develops because there is a difference in economic growth across areas. With a migration, people hope to find a job with a higher income salary in comparison with the income in the place of origin (Salladien, 1999: 1).
Explaining the relation of population mobility to a rural development involves two different insights: neoclassical economics equilibrium perspective and historical structuralist perspective (Saefullah in Prisma, October 10, 1995: 23). Furthermore, he states that based on neoclassical economics equilibrium perspective, population mobility is a mechanism for finding equilibrium across areas with less economic facilities with those with more economic facilities. In other words, it plays a role in balancing human capital in the areas with more labors with those with less labor.
In a view of neo-classical economics equilibrium, in one side, Saefullah states that the population can be understood well if it is related comprehensively to socio-economic and socio-politic change. Based on the insight, population mobility has more negative effects on development process. Potential human resources and good capital facilities will be concentrated on the certain areas so that there is no equilibrium across areas and results in a socio-economic problem in both the place of origin and destination area.
Concerning historical structuralist, Saefullah states that people can be understood well if they are related to socio-economic and socio-politic changes entirely. Based on the insight, population mobility has more negative effect on a development process. A potential human resources and good capital facilities will be concentrated on a certain area so that there is a gap across areas and it can result in a socio-economic problem in the place of origin and destination area.
The migration and labor mobility will result in both positive and negative on a rural community. A positive effect, in one side, will increase labor productivity in a farming sector because in the early, this sector reflects a disqused unemployment that results in a low productivity of labor. Due to the movement of labors from a rural to urban area, it will decrease disqused unemployment but increase labor productivity in a farming sector.
A negative effect, in the other side, is related to a consumerism problem in a rural community. This is a direct influence of an urban community’s life style that is informed by migrants when going to their village. Because of consumerism influence, living costs rises sharply but community’s income remains because a size of agricultural lands is the same and even it is smaller due to the excessive exploitation of limited natural sources.
Economically, the population mobility will have these effects:
1) Employment
This effect is due to many labors moving to an urban area where it will cause a supply-of-demand curve to shift to the top left (minus). Because the demand curve remains and supply curve shifts, it will result in fewer workers, as described in Figure below.

Wage rate

Sd
Wd !_________
! !
! ! St
!_________!_________
Wt ! ! !
! ! !
! ! ! D1
_________!_________!___
O Qd Qt Quantity of Labor


In the early, the demand of labor is D1 and the supply of labor is St so that the amount of labors needed is Qt. After the migration to an urban area, the supply of labor shifts to Sd while the demand remains. Consequently, the needed labor shifts to Qd (downward of Qd. Qt).

2) Wage
The labor migration from a farming sector to an urban area can result in the increase in a wage rate in the farming sector. It is due to increasingly less supply in the sector.
In the early, the demand of labor is D1 and the supply of labor is St so that the wage arte Wt. After the migration to an urban area, the supply of labor shifts to Sd while the demand remains. Consequently, the needed labor shifts to Qd and a wage rate shifts to Wd (upward of Wt Wd) (Stanley in Salladien, 1999: 6).
Thus, it could be concluded that the main reason of the movement (migration) of potential labors from a rural to urban area is economic, i.e., they want to find a better job and income. This migration has the social impacts such as consumerism, excessive exploitation of limited natural sources, environmental damage, and gradation of social values; and economic impacts such as fall in the opportunity for employment and increase in wage rate in the farming sector. Other effects include an increase in labor productivity in the farming sector

Wage rate
Sd
! ________
Wd ! !
! ! St
! !
!_________!_________
! ! !
Wt ! ! !
! ! ! D1
!_________!_________!____
0 Qd Qt Quantity of Labor


C. PREVIOUS STUDY
A previous study, entitled “The Migration of Tegalombo Community: an Analysis of Circular Migration in Phenomenology Perspective.” The finding of the study shows that the rural community structure consists of kuli kenceng (white collar), kuli setengah kenceng and kuli ngindung (blue collar). The circular migrants is conducted by a few of kuli setengah kenceng group who are aware of the relationship to circular migration, possess a few capitals to quit a farming earning to trader in a destination area of the circular migrants, and have a social relationship to the old migrants, and secure and healthy insurances. In the circular migration process, a group of the kuli setengah kenceng faces an economic problem (for example, low income, difficulty in finding a job, and failure in harvest, has a social relationship to the old migrants, a few of capitals, social insurances such as secure and healthy for themselves and their relatives in the place of origin, stays with the successful relatives/migrants (expected to help them find a job, meet primary needs such as meals and temporary residence, become an autonomous migrant, and urges their relative in the place of origin for circular migration, and so on.
Figure 3.2 Migration Process
A process of circular migration used a regular cycle and racial systems. The cycle system means that a circular migration stays with the successful migrants while a racial system means that between the new and old migrants has a familial relationship or lives in one place of origin. A migration decision is related to a social relationship and secure and healthy insurances. The meanings of circular migration are 1) religious, 2) aware of relationship, 3) social, secure and healthy insurances, and (4) aware of science.



Figure 3.2 Migration Process



D. RESEARCH METHOD
The study used a phenomenology qualitative approach with a social paradigm definition of micro analysis. The subjects were the FWs from Central Java in Malaysia tortured by their employers. In addition, they were an informant who was chosen on the basis of validity consideration. Other informants came from the neighbours of the FWs, their families, BP3TKI, Head of Provincial Agency/Sub-Head of the FWs Allocation Abroad. The data gathering used an observation, documentation and in-depth interview method. The data analysis employed a method of first order understanding and second order understanding with an interactive model, including data reduction, data display and conclusion/verification.
The findings of the study are a scientific formulation responsible for (1) the identification of the main problem of FWs from central Java in Malaysia, especially tortured by their employers, (2) the responsibility of the BP3TKI as an agency sending the FWs if there is a problem of the FWs, (3) the steps the Indonesian and Malaysian government take to cope with the case of the Indonesian TKW in Malaysia tortured by their employers, and (4) the model of cooperation for sending the Indonesian TKW to Malaysia professionally.

E.THE FINDINGS OF STUDY AND DISCUSSION
Based on the survey, the cases of FWs tortured by their employers in Malaysia were Pujianti, Siti hajar, Modesta, Sutilah and Siti Musriah
1.Pujianti’s case (from Magelang, Central Java)
On August 5, 2008, in Malaysia she was tortured, hit, often forced to drink any detergent and eat sand by her employer (a Chinese) tortured, and she did get a one-year salary.
2.Siti Hajar’s case
On June, 2009, in Malaysia she was tortured by her employer. Rachman, a Head of Provincial Central Java National Allocation and Protection Agency of FWs (BNTKI), Central Java, said that she was often by her employer and got a violent treatment.
3.Modesta Rengga Kaka’s case
Modesta said that he was punched and hit with a wood and rattan. In addition, she only had a meal once a day and had got a salary for nine months; and she also said that she did not escape because of expecting her salary to be paid for.
4.Sutilah’s case
In the official aide-memoire sent to the Provincial Central Java Governor through Regional Secretary No. 560/6947 dated August 26, 2009 about Specific Report of the Indonesian worker, Sutilah, Siswo Laksono, a Head of Provincial Central Java Labor Force, Transmigration and Demography Agency, stated that Sutilah working in Malaysia through PJTKI PT Arni Famili of Semarang Regency had been mistreated as a slave and tortured by her employer because he refused to do sexual intercourse with her employer. In addition, her employer did any violence and only served a cake and apple as a dish. In a three-day span, she was sick and dismissed by her employer. Then, a driver (from Surabya East Java, Indonesia) urged her to go to KBRI in Kuala Lumpur
5.Siti Musriah’s case
Nowadays, as a result of serious injury, she has been hospitalized in Mranggen Demak (Central Java). Her body was full of tortures. Her right-sided auricle of ear was abnormal. This 32-year old woman said that she did not know about a problem why he was often hit with a stick, an umbrella and others hard materials by her employer when working as a servant in Malaysia. This violence did not end while she worked very hard. She had tried to escape from her employer but he employer always saw her. The most extreme was that she did not get any salary after working for thirteen months.
In addition to the cases above, BP3TKI in Semarang (Central Java) reported that from January to July 2009, there be, at least, 19 cases of the Indonesian workers/FWs in Malaysia, four of which they were a case of torture as experienced by the late Agus Mugiyono and Kartini, Umdiyah and Siti Septini
1.The late Agus Mugiyono’ case
According to Sri Sudarmi (hir mother), his parents and relatives did know about the cause of Agus’ death. Previously, they did not know that he was sick. She stated that after his corpse was buried, she got any news informing that he died because of having an influence and hearth attack. Then, she said that he fully submits this case to Alloh (God)
2.The late Kartini’s case
Sumardi, her parent, stated that he did not know about why he died. Her relatives only got any news informing that she died. After some days later, her younger brother told his parents that Agus died of torturing by her employers
3.Umdiyah’s case
She said that she did not know about her fault. Her employer asked her to clean a bathroom but her employer hit his head and was seriously angry with her. Then, her employer physically tortures her.
4.Siti Septini’s case
She stated that she did not know about his fault. Her employer was hot-tempered and often hit her. The most tragic mistreatment was that her employer ever poured hot water over her and ironed her. Then, she reported to a police. This police took her to clinic. The most tragic mistreatment was that her employer ever injured me with a knife. In such a condition, she actually went home but her employer did not permit him before her husband sent her money.

1.The Indonesian Government’s View
The Indonesian government expressed that the violence of FWs in Malaysia is due to the difference in Labor Act. It is consistent with the Minister of Labor and Transmigration, Erman Sutopo, stating that the violent or mistreatment action is due to the difference in Labor Act of both countries. In terms of the Labor Act, a country that is different from Indonesia is, among others, Malaysia. Furthermore, he said that it is the difference that frequently results in the violent case of ILs so that the case is difficult to solve, as expected by the Indonesian people.
As one of the countries employing the Indonesian labours, the Labor Act Brunei Darussalam is not highly different from the Indonesian Labor Act. The Brunei Darussalam always records the ILs working in the country through the local labor agency so that the country seldom questions the illegal ILs (Saturday, June 20, 2009; Time: 22:42 West Time of Semarang Central Java).

2.The Malaysian Government’s View
The Malaysian government remains to welcome to the arrival of the Indonesian workers well and will continue to take a great effort of protecting them, especially those who have met a procedure legally. The Malaysian Prime Minister, Datok Sri Mohammad Najib bin Tun Abdul Razak states that the Malaysian government will try to realize the equality in the Malaysian people who take a violent action against the Indonesia workers in comply with the Act.
The Minister of Human Resources Department, Dr S. Subramaniam, agrees to establish an agency to make sure an issue of organizing the recruitment of the Indonesian servants. In addition, they will get a one-day or week furlough. If they do not get this furlough, the government will give any compensation to them and ensure that the employers provide a bank account for their servants.
Concerning the Malaysian people, a senior researcher, Datuk Dr Firdaus Abdullah (Pengajian Melayu Academy, Malaya University) stated that the case of violence against the servants is not a normal criminal action but it includes many other aspects. In addition to the humanistic dimension, criminal issue and violence against foreign servants in Malaysia also have a diplomatic, international relation, equal, and enforcement dimension of the Act. It means that in addition to disturbing the relationship of the two countries, this case can also result in a confidence crisis in state administration and our justice system.
According to Dr Nzarudin Zainun and Historian Soijah Likin, it is necessary to understand servants’ attitude and behavior: “what factors really result in the torture against servants? and why does an employer torture his or her servant?” Based on their ideas, the answers are that the servant’s qualifications do not meet as expected by her employer. He or she has paid for her at RM5,000 for getting a servant and them pay for his salary a month. Such a condition makes an employer have a highly qualified servant. If the servant fail to serve as expected, it will make the employer very disappointed. However, all of the employers can behave patiently and in contrast, they cannot think it reasonably and finally there may be some violence.
Also, they know that the Indonesian servants have a low education and come from an underdeveloped and poor countryside. The low education makes them very difficult to understand properly and quickly what they want to, and influent in speaking and writing Indonesian language.
Most of them use a regional language as a main communication tool. To understand their mother tongue they are difficult, even less to understand another language. It frequently makes miscommunication or misunderstanding. It indicates that what the employer means will be different from what his or her servant does. If it happens repeatedly, it will indicate that she does not understand a language his or employer uses.
Dr. Fatimah Yusoff thinks that an employer’s personality and a fewer of servants’ attitude and behavior are some factors resulting in the cases of torture. An employer’s sadistic behavior and a servant who can never adapt to her jobs will actualize any stress that makes the employer torture his or her servants.
A Head of the Majlis Agama Islam Negeri Sembilan Councilor, Asmawati Baharuddin, states that an employer who has a high expectation will cause him or her to torture a servant if the servant fails to work well. It is consistent with Dr. Nazarudin Zainun as stated above (Bernama, July 11, 2009).

3.The Main Problem of FWs Tortured by an Employer
Based on the explanation of FWs’ case tortured by an employer in Malaysia, it could be concluded that a violent action experienced by the servants is due to the difference in the Labor Act of the two countries, a country that is different from Indonesia is, among others, Malaysia. Furthermore, he said that it is the difference that frequently results in the violent case of the Indonesian labors so that the case is difficult to solve, as expected by the Indonesian people.
As one of the countries employing the Indonesian labors, the Labor Act Brunei Darussalam is not highly different from the Indonesian Labor Act. The Brunei Darussalam always records the ILs working in the country through the local labor agency so that the country seldom questions the illegal ILs.
A different Act that regulates a problem with labors results in a violent action against servants and it does get any solution as expected by the Indonesian people. Therefore, the greatly sharp difference of the Indonesian and Malaysian’s Act results in any violence against servants, especially related to human rights and social insurance.
The case of violence against the servants is not a normal criminal action but it includes many other aspects. In addition to the humanistic dimension, criminal issue and violence against foreign servants in Malaysia also have a diplomatic, international relation, equal, and enforcement dimension of the Act. It means that in addition to disturbing the relationship of the two countries, this case can also result in a confidence crisis in state administration and our justice system.
An employer’s sadistic behavior and a servant who can never adapt to her jobs will actualize any stress that makes the employer torture his or her servants although they do not know about their problem. Most of the servants who are tortured by their employers do not know about their fault, their employers are directly very angry with them, shout with them harshly, and ultimately hit them, pour them with hot water, as experienced by Sutilah, Umdiyah, Siti Murisah Siti Septini and other servants.
An employer’s culture that does not understand a light or hard fault will mistreat a servant or punish him if she does not anything as expected by her or him. She can not argue what en employer instructs to her because arguing means against him or her. If she does it, she will get some serious punishment from her employer. A feudalism attitude influences an employer on his or her servant, and a low competency in using a language can also be one of the causes of miscommunication, i.e., what a servant does is not as expected by her employer. It is such a condition that results in the violence against servants in Malaysia. In addition, this violence indicates that a Malaysian justice administration and system do not work well.

4. The Responsibility of BP3TKI/PJTKI
A solution to the case of TLs and WFs comprise two kinds: (1) legitimate or illegal in which the two cases will be the responsibility of Police and General Attorney, and (2) non-legitimate where this case will be the responsibility of BP3TKI as a mediator.
An effort of BP3TKI is taking an action, i.e., if the data of PPTKIS is clear, BP3TKI asks PPTKIS to clarify it. PPTKIS coordinates with Agency. If the Agency can cope with it, this means that the problem is in solution. However, if the Agency cannot cope with, the problem will be resolved in BKRI/Indonesian Consulate General and it will ask a testimony to a related party. A decision making usually finds another employer if a worker want to work in Malaysia and will go home after meeting a worker’s rights with a fee as agreed. She goes home with a letter for BKRI sent to BNP2TKI/BP3TKI for supervising him to arrive in the place of origin.

5.The Steps Taken by the Indonesian and Malaysian Governments
An effort of the Malaysian Police and KBRI concerning the case of Modesta is that the Malaysian Police came to and arrested her employer to be investigated. The Head of Task Force for the Indonesian citizen (IC), Amirudin, said that he would call an agency of ILs and her employer to solve this case. Furthermore, she said that this is a fact of the agency’s weakness that does not control the employer and Indonesian FW. A positive action by an Information, Social and Cultural Ministerial Counselor of Kuala Lumpur KBRI, Widyarka Ryananta, he will accompany Modesta tortured by her employer, particularly in the process of the legal case. KBRI have called HANZSdn Bhd, an agency distributing Modesta to Malaysia. The Central Head of Social Relationship of Labor and Transmigration Department, Sumardoko, when confirmed of Modesta’s case, said that he did not yet know about this case. He promised that he would contact the Indonesian Labor Attaché in Malaysia.
Concerning Sutilah’s case, on July 7, 2009 Kuala Lumpur KBRI hospitalized her at Pathlab Hospital for seven days. After recovering, she was accompanied by two KBRI staffs to go home through Jakarta. To reduce a familial charge, the Provincial Central Java CBP3TKI gives a fund of Rp 3 million and PT Arni Famili gives a fund of Rp 1.5 million.

6.An Effort by the Provincial Central Java Labor and Demography Agency
In his office, Azis Syakir (2009) stated that to the researcher, for the realization of FWs allocation program abroad the Provincial Central Java government will take steps, including (1) based on the Governor No. 560/00946/2003, if PPTKS of which central office is located outside Central Java recruits Central Java people as an Indonesian worker, it must own a branch office of PPTKIS in Central Java and a process of the worker’s document for departure and arrival must be in Central Java. (2) According to the Provincial Central Java Governor’s letter No. 560.55/18895/2009 about a training for ILs from Central Java, the informal ILs must take any training and competent test. (3) With a related agency, PPTKS establishes Task Force for coping with the ILs with deportation problem. (4) Reviewing the performance/revitalization of the government’s BKLK/BLKLN will produce competent workers. (5) Evaluating the performance of branch office means controlling the branch office of PPTKIS in the allocation of FWs. (6) Technically, the allocation of FWs in the region is conducted by the Provincial Central Java BP3TKI and a few by Regency/Municipality Agency).

7.A Step Taken by the Indonesian and Malaysian Governments in Cooperation
An agreement of the countries (Indonesia and Malaysia) to cope with the problem of ILs and WFs in Malaysia is as follows. (1) The Indonesian government guarantees that an employer who has paid for a fee to agencies of servants in Malaysia and Indonesia will be true to take a servant from Indonesia to Malaysia for the employers. (2) The guarantee is committed by Dr Erman Suprano, a Minister of the Indonesian Labor and Transmigration in the meeting with Datuk Dr S. Subramaniam, a Minister of the Malaysian Human Resources. (3) Dr Subramaniam said that the two parties have agreed to establish an agency for ensuring all of the issues of decision making of the Indonesian servants to be resolved. (4) The two parties have agreed that the servants will get a one-day or week furlough by their employers based on the agreement between them, regarding a furlough date. If the servants do not get any furlough, the employer will give some compensation to them. (5) The Minister of Human Resources states that a one-day or week furlough will be a rule through a penal case of the 1955 Work Act in the session of the House Representatives on October 2009. (6) Regarding the issues of the Indonesian party such as servants’ passports and salary, we have agreed that the cases can be solved by the Malaysian and Indonesian Association. (7) In addition to the agreement of the two countries, particularly the Malaysian government takes steps including (a) ensuring that every employer has a bank account for his or her servants so that the Ministry of Human Resources can supervise a pay for the servants. (b) Every servant gets a protection from Working Compensation Act. (c) A standard contract will be provided by JTK to be signed by an employer and servant concerning the length of contract and etc. (d) The Malaysian and Indonesian governments will analyze MoU regarding the labors signed on May, 2006.

8.A Model of Cooperation for Sending Professional ILs and FWs
The professional and procedural allocation of ILs. After amended in the Act No. 39/2004 and its enforcement regulation, ILs and FWs who will be allocated must meet very specific qualifications for each kind of job and a country allocated. However, the more important is as follows: (a) a clear rule and regulation for the two parties, (b) rights and obligation of ILs and WFs, and employer as well, (c) formal requirement and standard, (d) equal working appointment, (e) a high priority in humanistic values of anti-slavery, discrimination, gender equality, and anti-human trade. To allocate ILs and WFs professionally at home is necessary to get any support of the Indonesian government for striving the approval of the allocation of ILs in Malaysian by completing MoU where there are four items, including (a) an increase in a wage rate ranging from Rp 1,6000,000 to Rp 2,000,000, (b) LIs’ passports kept by themselves, (c) a furlough in each weekend, and (d) establishment of Task Force to handle ILs between The Malaysian and Indonesian governments.

CONCLUSION

1. The Main Problem of WFs Tortured by their Employers
The main problem of torture case against FWs from Central Java is due to five factors, including (1) miscommunication between the employer and servant, making an employer seriously angry with, (2) a low competency and an employer’s high demand, making this employer disappointed with her job so that it causes the servant to be tortured, (3) a different culture in which the Malaysian employers think that there is a light or hard fault and arguing means contrasting. The servant’s fault must get a punishment, (4) Feudalistic and slaver attitude, influencing an employer on his or her servant. This employer considering a servant as a slave is an inheritance in Malaysia. (5) A low-institutional structure and low agency where the agency that does not control an employer and servant from Central Java is also one of the causes of violence and torture, and (6) a different Act, making a violent action experienced by ILs.

2. The Responsibility of BP2TKI/PJTKI
In essence, the responsibilities of BP3TKI for the case of violence or torture against FWs in Malaysia are legitimate and non-legitimate. From the two, BP3TKI is responsible for (1) ensuring the identity of ILs (whether they are legally or illegally recorded in Central Java, (2) asking PPTKIS to clarify, (3) coordinating with an agency, (4) submitting a case to the Indonesian KBRI/Counselor General to call the two parties, (5) making a decision in whether they want to work in or go home, and (6) supervising the arrival of WFs when leaving Malaysia for the place of origin.

3. A Step Taken by the Indonesian and Malaysian Governments
An agreement of the countries (Indonesia and Malaysia) to cope with the problem of ILs and WFs in Malaysia is as follows. (a) The Indonesian government guarantees that an employer who has paid for a fee to agencies of servants in Malaysia and Indonesia will be true to take a servant from Indonesia to Malaysia for the employers. (b) The two governments establish an agency for ensuring all of the issues of decision making of the Indonesian servants to be resolved. (c) The two parties have agreed that the servants will get a one-day or week furlough by their employers based on the agreement between them, regarding a furlough date. If the servants do not get any furlough, the employer will give some compensation to them. (d) All of the cases can be solved by the Malaysian and Indonesian Association. (5) The Malaysian and Indonesian governments will analyze MoU regarding the labors signed on May, 2006
In specific, the Malaysian government (1) ensures that every employer has a bank account for his or her servants so that the Ministry of Human Resources can supervise a pay for the servants. (2) Every servant gets a protection from Working Compensation Act. (3) A standard contract will be provided by JTK to be signed by an employer and servant concerning the length of contract and etc. (4) The Malaysian and Indonesian governments will analyze MoU regarding the labors signed on May, 2006.

4. A Model of Cooperation in Sending ILs Professionally
A model of cooperation for sending professional is as follows: (1) completing and reviewing MoU, especially regarding (a) an increase in a wage rate ranging from Rp 1,6000,000 to Rp 2,000,000, (b) LIs’ passports kept by themselves, (c) a furlough in each weekend, and (d) establishment of Task Force to handle ILs between The Malaysian and Indonesian governments; (2) making the Act approved by the two parties; (3) enforcing a clear rule and regulation for the two parties; (4) guaranteeing rights and obligation of FWs; (5) determining formal requirement and standard; (6) making an equal working appointment; and (7) keeping a high priority in humanistic values of anti-slavery, discrimination, gender equality, and anti-human trade.


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