Socio-Legal Approaches To The Problems of Troubled Indonesian Overseas Workers In Tanjung Pinang City

Tanjung Pinang City is one of the transit areas for the Troubled Indonesian Overseas Workers (TKIB) who are deported from Malaysia and Singapore. As a transit area, a number of problems and challenges faced by TKIB and relevant stakeholders in Tanjung Pinang City. This research aims to investigate the problems of TKIB and relevant stakeholders in Tanjung Pinang City. This research adopts a socio-legal/empirical research method and all data was analyzed based on its content (a content analysis) by using the qualitative approach. The research found that the main hardship in tackling TKIB was related to the lack of funds to carry out the tasks and functions of the Task Force. This research argued that the House of Representative of Tanjung Pinang City (DPRD) did not have legal grounds to reject the allocation funds from the City Budget for the Task Force. This research concluded that the House of Representative of Tanjung Pinang city was not familiar Article 16 (6) of Presidential Regulation No.45 of 2013 regarding Coordination of Returning Indonesian Workers which permits the allocation of funds from the City Budget to fund all expenses carry out tasks of the Task Force.


Introduction
There are two types of Indonesian overseas workers.Those who go overseas to work with complete documents and through proper channels (via legal employment agencies) are categorized as "legal workers".
Those without complete documents and go overseas through improper channels fall within the category of "illegal workers"; thereby they are automatically referred to as "Troubled Indonesian Overseas Workers (hereinafter refer to as Tenaga Kerja Indonesia Bermasalah/TKIB)".The term "Troubled Overseas Workers" is also frequently referred to as "Problematic Overseas Workers".
Indonesian overseas workers become TKIB since they face document problems such as the expiration of visas, passports and other related documents (Shahrullah, 2010).
According to the data of BNP2TKI, more that 10% of Indonesian overseas workers who have been deported to Indonesia are classified as "Troubled Overseas Workers".
The BNP2TKI reported that number of returning Indonesian overseas workers had decreased during the last five years.In 2010, the returning Indonesian overseas workers were 95,060.This number decreased to 72,194 in 201172,194 in and dropped again to 47,620 in 201272,194 in . In 2013, 44,087 , 44,087 Indonesian overseas workers returned to Indonesia and 30,661 workers in 2014.
Due to its strategic geographical location, Tanjung Pinang City has become one of the transit areas for the deported TKIB from Malaysia and Singapore (Pramodharwardani, 2007).The BNP2TKI data stated that (2) All expenses needed to carry out tasks of the Coordinating Team are derived from State Budget (APBN) according to the tasks and functions of Ministry/institution respectively.
(3) All expenses needed to carry out tasks of the Task Force are derived from the Provincial,

Regional Regency or City
Budget.

Research Methods
This research adopts a socio-legal/empirical research method since the problems of TKIB constitute social phenomenon.A socio-legal research method requires the use of primary data which is collected through observations, interviews, questionnaires or focus group discussions (Amiruddin, 2004).The primary data in this research was collected through in-depth interviews by

Source: Interviews by Suharyanto
Rechtldee Jurnal Hukum, Vol. 10.No. 2, Desember 2015 Table 2 shows that most of respondents complained that the unpaid salary was their main problem in the destination country.This circumstance occurred because prior to their departure to the destination country, most of the workers were indebted to their agents.As a result, their salary was handed to their agent by the employers or deducted by the agents to pay the workers' debts.The respondents below expressed their experiences while they were in Malaysia.
Respondent 1 (Hamiyah): "I went to Malaysia by using 2 years working permit.My departure was organized by an agent in Indonesia.I worked as a domestic helper, but my one year salary had never been paid by my employer.
When I asked my employer, she mentioned that my salary was deducted in order to pay my departure expenses.I was accompanied by a friend to inform this problem to the Indonesian Embassy in Malaysia, but there was no response at all.One of the officers at the Embassy said that there were many complaints similar to my complaint; therefore it was impossible to settle this problem because the Embassy had limited human resources and no funds for such a problem.Since I was arrested, tried, put in jail until I was deported to Indonesia, there was no Indonesia officer visiting or accompanying me".
A similar complaint was expressed by Nababan: "I was treated inhumanly in the prison and detention center.I was beaten, tortured and ordered to work until late at night.My situation was so bad in Malaysia.I worked as a gardener, but my salary was not paid for five months by my employer by reason that I was still indebted to my employer.My employer said that he had paid my agent (taekong) .I had no place to complain.I was arrested when I went out to buy a land mower at the market.I presumed that my employer reported me to the police because he did not want to pay my salary".
Most of TKIB expressed that their "We do not have authority to assist TKIB who encountered problems relating to their unpaid salaries in Malaysia.We used to consult the problems to Police Officers, but according to them, it was impossible to resolve the problems because there were no strong evidences that such problems really occurred.In addition, TKIB could not become the key witnesses because they were only in transit in Tanjung Pinang City".
In addition to the reasons shown by Table 3, some deported    TKIB wishes to be trained with simple skills while waiting for their return to their home towns.

Based on this provision, the
13.082 TKIB were deported via Tanjung Pinang City from January -30 September 2014.The Social and Manpower Office of Tanjung Pinang City as the leading sector in handling TKIB stated that the number of TKIB temporarily accommodated in Tanjung Pinang City tended to increase from 2012 to 2014.In 2012, 7.843 Rechtldee Jurnal Hukum, Vol. 10.No. 2, Desember 2015 (6) Terkait dengan Koordinasi Pemulangan TKIB yang dapat menggunakan dana dari anggaran pemerintah kota untuk membiayai keseluruhan pembiayaan yang diperlukan oleh tim pelaksana.Kata Kunci: Perpres No.45 Tahun 2013; Tenaga Kerja Indonesia Bermasalah/TKIB; Tanjung Pinang.TKIB were handled by Social and Manpower Office of Tanjung Pinang City.This number dramatically increased in 2013 (19.634TKIB) and also significantly increased to 14.402 TKIB from January -July 2014.As a transit area for TKIB, a number of problems and challenges faced by TKIB and relevant stakeholders in Tanjung Pinang City.Hence, this research aims to examine the problems of TKIB in Tanjung Pinang City as well as to analyze the responses of stakeholders in Tanjung Pinang City in tackling the TKIB problems.Legal Framework Article 31 of the 1945 Constitution emphasizes that "Every worker has the same rights and opportunities to choose, get or change jobs and earn a decent income in inside or outside the country".As the manifes-The scope of returning Indonesian Overseas Workers (TKI) covers to returning TKI from the debarkation point to their hometowns in a special situation.(2) Special situation as prescribed by verse (1) covers: a. natural disaster, spread of sickness, war; b. mass deportation; and/or c. country of placement can no longer guarantee the safety of Indonesian Overseas Workers.(3) Deportation as prescribed by verse (2) letter b occurs because the said Indonesian Overseas Workers do not have working permits and/or valid documents to work, or work which is not in accordance with his/her working permits and/or valid documents.
salaries were not paid prior to their deportation to Indonesia.They questioned if the officers of Social and Manpower Office of Tanjung Pinang City who are in charge of handling TKIB could assist them.The respondent from the Social and Manpower Office of Tanjung Pinang City stated: is taken care by the TKIB task force of Jakarta.d.The Jakarta task force arrang- are mostly related to the lack of funds provided to carry out the tasks and functions of the task force.It is the questioned whether the State Budget is the only source to finance the process of handling TKIB.The answer is negative since by virtue of Article 16 (6) of Presidential Regulation No.45 of 2013 regarding the Coordination of Returning Indonesian Workers, it is clear that "all expenses needed to carry out tasks of the Task Force can be derived from the City Budget".
main problem is related to the lack of funds to carry out the tasks and functions of the task force.Based on the interview, it is revealed that no special budget is provided for unexpected circumstances such as giving birth or death of TKIB.Hence, all unexpected expenses are burdened by officers dealing with TKIB (the task force).This circumstance has been communicated to the House of Representatives of Tanjung Pinang City.Yet, the response remains negative because the TKIB expenses shall be derived from the national budget (APBN), not the Regional/City Budget (APBD).The response of the House Representative is debatable since Article 16 (6) of Presidential Regulation No.45 of 2013 regarding the Coordination of Returning Indonesian Workers stipulates that "all expenses needed to carry out tasks of the Task Force can be derived from the Regional/City Budget".By virtue of this provision, it can be concluded that the State Budget (APBN) is the only source to finance the process of handling TKIB.If this argument is correct, then the House of Representative of Tanjung Pinang City (DPRD) does not have legal grounds to refuse the allocation funds for TKIB which is derived from the City Budget (APBD).It can be further concluded that the refusal of Islands Office.TKIB Shelter on Jalan Transito Km.8 Tanjung Pinang City, Shelter and Trauma Center in Senggarang, Tanjung Pinang City and all parties contributed to this research.for Population and Social Research, Mahidol University, "Migrant Workers' Right to Social Protection in ASEAN: Case Study of Indonesia, Philippines, Singapore and Thailand (Data from BNP2TKI 1999)", http://www.ilo.org.

Table 1 .
The Reasons to Return to Indonesia