President Jokowi Signs Presidential Regulation on BP2MI

In a bid to ensure optimum implementation of service policies in the context of the placement and protection of Indonesian migrant workers and to implement the provisions of Article 48 of Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers, the Government deems it necessary to issue a Presidential Regulation (Perpres) on the Agency for the Protection of Indonesian Migrant Workers.

Based on this consideration, President Joko “Jokowi” Widodo on 30 December 2019 signed Presidential Regulation Number 90 of 2019 on the Agency for the Protection of Indonesian Migrant Workers (BP2MI).

“BP2MI is formed as a revitalization of the National Agency for the Placement and Protection of Indonesian Migrant Workers (BNP2TKI),” reads Article 2 of this Presidential Regulation.

Under this Presidential Regulation, BP2MI is a non-ministerial government institution whose duty is to implement policies in the service and protection of Indonesian Migrant Workers in an integrated manner.

“BP2MI has the duty to implement service policies in the context of placing and protecting Indonesian Migrant Workers in an integrated manner,” said Article 4 of this Presidential Regulation.

Under this Presidential Regulation, BP2MI is under and is responsible to the President through the minister who oversees government affairs in the field of manpower, and is led by a Head of Agency.

BP2MI shall carry out its functions, among others, a. to implement policies in the area of ​​placement and protection of Indonesian migrant workers; b. provide services for and give protection to Indonesian migrant workers; c. issue and revoke permits for recruiting Indonesian Migrant Workers; d. provide placement services; e. supervise the implementation of social security services; f. fulfill the rights of Indonesian Migrant Workers; g. verify Indonesian Migrant Worker documents; h. implement the placement of Indonesian Migrant Workers on the basis of a written agreement between the central government and the government of the country of employment of Indonesian Migrant Workers and/or a legal entity employer in the country of destination; i. propose revocation and extend company permit for placement of Indonesian Migrant Workers to the minister who oversees government affairs in the field of manpower for the placement company of Indonesian Migrant Workers; j. give protection during the working period in coordination with the Indonesian Missions in the country of destination; k. implement facilitation, rehabilitation and reintegration of returning Indonesian Migrant Workers; and l. implement full social and economic empowerment of returning Indonesian Migrant Workers and their families.

In addition to the functions as referred to, under this Presidential Regulation, BP2MI shall compile and stipulate laws and regulations on a) standards for work agreements, signing and verification processes; b) placement fees for Indonesian Migrant Workers; and c) the process requiredbefore working.

Under this Presidential Regulation, BP2MI shall consist of Head; Main Secretariat; Deputy for the Placement and Protection in the Asian and African Regions; Deputy for the Placement and Protection in the Americas and Pacific Region; and Deputy for the Placement and Protection in the European and Middle Eastern Regions.

As for the Main Secretariat, according to this Presidential Regulation, it shall consist of a maximum of 4 (four) Bureaus, while the Bureau shall consist of the Functional Position Groups. In the event that the Functional Position Groups fail to carry out duties and functions of the Bureau, a maximum of 4 (four) Divisions may be formed, consisting of Functional Group and/or a maximum of 3 (three) Subdivisions.

Meanwhile, a Deputy Office shall consist of a maximum of 4 (four) Directorates and the Directorate shall consist of Functional Position Groups and/or a maximum of 4 (four) Sub-Directorates, and Sub-Directorates shall consist of Functional Position Groups and/or a maximum of 2 (two) Sections.

This Presidential Regulation also states that Inspectorate is an element of internal supervision within the BP2MI which is under and responsible to the Head, and administratively coordinated by Main Secretary, and is led by an Inspector.

In addition, a Center may be formed within the BP2MI as a supporting element of the duties and functions of BP2MI. The center as referred to is under and is responsible to the Head through the Main Secretary, and is led by a Head of Center.

In carrying out operational technical tasks and/or supporting technical tasks within the BP2MI, a Technical Implementation Unit may be formed which is led by the Head of the Technical Implementation Unit.

“The formation of the Technical Implementation Unit is determined by the Head after obtaining written approval from the minister who oversees governmental affairs in the field of state apparatus,” reads Article 31 of this Presidential Regulation.

Under this Presidential Regulation, Head is the Main High Leadership Position (Pimpinan Tinggi Utama). Main Secretary and Deputies are Senior Associate Officers (Pimpinan Tinggi Madya). Head of Bureau, Director, Head of Center, and Inspector are the Primary High Leadership Positions (Pimpinan Tinggi Pratama). Head of Section, Head of Sub-directorate, and Head of Division are Administrator Positions (Jabatan Administrator), and Head of Subdivisions, Head of Section, and Head of Subdivision are Supervisory Position (Jabatan Pengawas).

This Presidential Regulation also stipulated that the Head is appointed and dismissed by the President based on the consideration of the minister who oversees government affairs in the field of manpower.

Meanwhile, Main Secretary and Deputy are appointed and dismissed by the President based on the consideration of the Head, and officials of the Primary High Leaders and its lower level are appointed and dismissed by the Head in accordance with the laws and regulations.

“The Head submits a report to the President through the minister who oversees government affairs in the field of manpower regarding the results of the implementation of duties and functions in the field of placement and protection of Indonesian Migrant Workers,” said Article 38 of this Presidential Regulation.

Further provisions on the duties, functions, organizational structure, and work procedures of BP2MI, under this Presidential Regulation, are regulated by Agency Regulations after obtaining approval from the minister who oversees government affairs in the field of state apparatus.

In the Transitional Provision, it is stated that civil servants within the BNP2TKI shall become civil servants within the BP2MI. In addition, the List of Budget Implementation Fills (DIPA) of the Agency for Placement and Protection of Indonesian Migrant Workers may still be carried out until the BP2MI Budget Implementation Filling List is determined.

“This Presidential Regulation shall apply on the date of its promulgation,” reads Article 54 of Presidential Regulation Number 90 of 2019, promulgated by Minister of Law and Human Rights Yasonna H. Laoly on 31 December 2019. (Center of Data and Information of Cabinet Secretariat/ES)

Translated by: Muhardi

Reviewed by: Lulu Wuliarti