47

Nur Putri Hidayah

LJIH 28 (1) March-2020, 47-59

LEGALITY: JURNAL ILMIAH HUKUM
Journal homepage: http://www.ejournal.umm.ac.id/index.php/legality

Comparative Study of Legal Protection for
Migrant Workers in Participation of Social
Security Programs in Indonesia and Singapore
Nur Putri Hidayah1*
1

Faculty of Law, University of Muhammadiyah Malang, Malang, East Java, 65144 Indonesia.

*

corresponding author: nurputri88@gmail.com

Article Info

Abstract

Keywords:
Social Protection; migrant
worker; Indonesia;
Singapore

Social security is one of the basic rights of workers both local and migrant
workers as stated on Art. 25 Universal Declarations of Human Rights. The
enactment of single markets and production based in the era of ASEAN
Economic Community inevitably brings migrant workers particularly in
Indonesia and Singapore. This must be in line with a proper legal instruments to
protect migrant workers’ rights in a social security participation. This study aims
to compare on how Indonesia and Singapore provide legal protection to migrant
workers in the social security participation and what social security programs that
can be followed in both countries. The research method used is a normative
research method with a statute approach. The result of the study shows that
Indonesia has provided protection for migrant workers the same way as local
workers as stated on Art. 22 Universal Declaration of Human Rights, whereas
Singapore only provides the social security to local workers. Migrant workers get
the protection through other ways, namely insurance and bilateral/multilateral
agreements. For the social security programs followed by migrant workers, both
Indonesia and Singapore do not provide the programs related to what has been
regulated on Art. 25 Universal Declaration of Human Rights.

Article History
Received: Mar 03, 2020;
Reviewed: Mar 05, 2020;
Accepted: Mar 06, 2020;
Published: Mar 31, 2020.
DOI:
10.22219/ljih.v28i1.11786

©2020; This is an Open Acces Research distributed under the term of the Creative Commons
Attribution Licencee (https://Creativecommons.org/licences/by/4.0), which permits unrestricted
use, distribution, and reproduction in any medium, provided the original works is properly cited.

INTRODUCTION
The era of ASEAN Economic Community (MEA), which began in late 2015,
inevitably brings massive migrant workers in ASEAN. Based on Article 3 the
ASEAN Consensus on The Protection and Promotion of the Right of Migrant
Workers, Migrant workers are people who work abroad and are paid for in a country
they are working. This is because one of the MEA pillars, namely Single Market and
Production Based which is achieved through freedom from the influx of migrant
workers in ASEAN (The Asean Secretariat 2015). In Indonesia, in 2017 there was an
increase of 69.85 percent of migrant workers compared to 2016 (Gumelar 2018).

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This is a remarkable and the highest number in Indonesia. This is contrary to
Singapore which is in the 3rd place of the highest income per capita level
(Governance & Sosial Development Research Center 2011), Singapore is the highest
average wages country in ASEAN. At least in 2017, when Indonesia paid workers for
only an average of Rp.3,600,000/month, Singapore had paid 10 times bigger which
was Rp.35.800,000/month (Setiawan 2018).
The migration of migrant workers must be faced by ASEAN countries to be
ready to equip the basic rights of migrant workers. One of them is by participating in
social security program. It is a form of social protection that becomes a country’s
responsibilities to guarantee all workers in fulfilling the basic needs of a decent life
(Triyono & Soewartoyo 2013). The purpose is to provide an access to healthcare
security and guarantee the income, minimum income for those who need it and
adequate income substitutes for those who have contributed based on their level of
income (International Labour Organiation 2008).
Moreover, social security has broad implications in life. This implication is
augmented by socio-economic forces that continually form an environmental
stability (Brown, Kapteyn, & Mitchell 2016). The existence of social security can
increase life expectancy and population growth. Therefore, the need for social
security planning has become more important (ASSA 2014).
The protection of the world against migrant workers in the social security
participation is regulated on Universal Declaration of Human Rights (UDHR). It was
explained that basically people (regardless of citizenship) has the rights to social
security. Based on article 22 UDHR, The social security is important because it is one
of the keys to maintain dignity as a human being. Based on article 25 paragraph (1)
UDHR, The social securities provided are in the form of health insurance, the right
to food, clothes and shelter, guaranteed when he is unemployed, disabled, old age,
widows/widowers, and other conditions which make lack of income beyond his
control.
The right to access social security for migrant workers stated on Universal
Declaration of Human Rights indicates that the social security participation for
migrant workers is important and cannot be underestimated by the implementation
of the norm. Considering the importance of social security and Indonesia and
Singapore are also ASEAN countries that are preparing to face large-scale migration
of migrant workers, it is important to examine on: 1) how do Indonesia and
Singapore provide legal protection for migrant workers in social security
participation, 2) what social security programs are prepared by Indonesia and

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Singapore for migrant workers who work in their countries, and 3) how adequate
legal protection is provided according to Universal Declaration of Human Rights and
ASEAN Consensus on The Protection and Promotion of The Rights of Migrant
Workers?
Previously, there have been several studies conducted on employment themes
both in Singapore and Indonesia. First, the article entitled Social Protection in
Singapore written by Mukul G. Asher and Revathi Rajan (Asher & Revathi 2018),
stated that the social security system in Singapore, which at the time of the study was
conducted, it was a country with a very rapid development. According to him, the
government needs to side-track his focus from the housing and education sector to
the health sector.
Second, an article entitled Assets or commodities? Comparing regulations of
placement and protection of migrant workers in Indonesia and the Philippines
written by Dinita Setyawati (Setyawati 2013), discussed about the legal protection of
migrant workers in Indonesia and the Philippines by comparing Act No. 13 of 2003
which is applied in Indonesia with Republic Act (RA) No. 10022 which is applied in
the Philippines. According to him, compared to the Philippines, Indonesia has a
lower scheme for protecting migrant workers, especially in terms of education to
workers and the responsibilities of government agencies.
Third, policy briefs entitled Social Security and Labour Migration in ASEAN
written by Gloria, O Pasadilla (Pasadilla 2011), stated that social security portability
influences the main decisions of migrant workers, for example, whether to retire
early and where to retire - in the origin country or hosting home.
From the previous research, there are limited research that has been conducted
on how Indonesia and Singapore providing legal assistance to workers in the
participation of social security and the types of social security concrete programs
provided for workers in Indonesia and Singapore. So, this study aimed to answer that
condition, about how Indonesia and Singapore providing legal assistance to workers
in the participation of social security. Contribution of this research results can be
used as material for the governments of Indonesia and Singapore to conduct
evaluations and efforts to strengthen legal protection of foreign workers in social
security participation.

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METHOD
The research method used was a normative (Soekanto 2006). The purpose of
this study was to find out how Indonesia and Singapore provide legal protection for
migrant workers in the participation of social security and the types of social security
concrete programs to protect them both in Indonesia and Singapore.
The nature of this research was descriptive (Soekanto 2006). A statute approach
was used to answer the statement problem (Marzuki 2010). Based on the source, the
type of the data used was a secondary data which includes legislation, books,
scientific articles and journals, dictionaries, etc (Soekanto 2006). In detail, the
secondary data used consisted of primary legal materials, secondary legal materials
and tertiary legal materials.
RESULTS AND DISCUSSION
Legal Protection and Social Security Program of Migrant Workers’
Participation in Social Security Based on Universal Declaration of Human
Rights
Generally, there is no difference between the rights of local and migrant workers,
and all workers are entitled to social security as stated on Art. 22 Universal
Declaration of Human Rights. To guarantee it, the protection of workers’ rights
including the right to become participant in social security can be given both in the
form of national efforts (legislation) and international cooperation (bilateral and
multilateral).
The emphasis on protection of the participation in social security for migrant
workers actually is provided in both countries, the origin and recipient countries .
The origin country of migrant workers can form a regulation which can essentially
protect the workers from fraud (from sending agents) or discrimination at the
workplace. If in the recipient countries have no special protection for the
participation in social security, the origin country will conduct a bilateral and
multilateral cooperation with the recipient countries (Levitt et al. 2017). However, the
recipient countries can form national regulations on protection and justice for
migrant workers to get their rights to participate in social security.
The rules regarding the minimum program that must be given by the country to
the workers, including migrant workers in social security programs are regulated on
Art. 25 (1) Universal Declaration of Human Rights. They include: 1) health
insurance, 2) food, clothes and shelter, 3) guaranteed when he is unemployed, 4)

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guaranteed when he is disabled, 5) guaranteed when they are at old age (or other
conditions when he is unable to work).
Legal Protection for Migrant Workers in Social Security Participation in
Indonesia and Singapore
a. Indonesia
In Indonesia, manpower is regulated on Act No. 13 of 2003 pertaining
Manpower. In particular, the regulation on social security is currently regulated in Act
No. 40 of 2004 pertaining National Social Security System (SJSN). For the
implementing agencies, it is regulated in Act No. 24 of 2011 pertaining Social
Security Organizing Agency. The implementing rules related to the National Law
Social Security System (UU SJSN) and Social Insurance Administration Organization
Act (UU BPJS) are regulated in Republic of Indonesia Presidential Regulation
Number 12 of 2013 pertaining Health Insurance and Presidential Regulation
Number 109 of 2013 pertaining Stages of Participation in Social Security Programs.
Legal protection for migrant workers, especially in the participation of social
security has been regulated in such a way as outlined in Indonesian positive law
(Zulfikar et al. 2018). The participation of social security for migrant workers has
been regulated through the scope of anyone who can become a social security
participant. In Article 1 Section (4) of the BPJS Act, it is stated that "Participants are
persons including migrants who work for at least 6 (six) months in Indonesia who
have paid contributions". This means that there are no differences in the subject of
social security participants in Indonesia. The emphasis is only on payment of
contributions. Contribution is a number of money paid regularly by participants,
employers and/or the government. Even if they cannot afford to pay contributions,
through Article 1 (7) of the BPJS Act, it will be paid by the government.
The participation of migrant workers' social security is reaffirmed even as an
obligation on Article 14 of UU BPJS which "Every person including migrants who
work for a minimum of 6 (six) months must be a participant in the social security
program". For migrant workers who come and work, the registration of membership
in social security becomes the obligation of employers as regulated on Article 15 of
BPJS Act. Furthermore, the country provides opportunities for migrant workers to
become participants in all social security programs held in Indonesia.
The participants in the social security program are not only for migrant workers
who work in Indonesia but also their family members (Widodo & Belgradoputra
2019). This has been regulated on Article 15 Section (2) of BPJS Act, which the data
for the participants provided is not only the personal data of the employer and
employee but also family members including the change.

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Legal protection for the participation of social security for migrant workers
applied by Indonesia is increasingly complete with sanctions against the obligation to
register social security participation as regulated on Article 15 Section (2) of BPJS
Act. For the employers who do not register for social security participation, based on
Article 17 (1) BPJS Act can be a subject to administrative sanctions. The
administrative sanctions based on Article 17 (2) can be in the form of:
1)
2)
3)

Written warning.
Fines and/or
No access to particular public service.

Sanctions in the form of written warning and fines are imposed by BPJS, while the
other sanctions are carried out by local government on requests from BPJS.
Indonesia seriously applies the sanctions to employers who try to neglect their
obligations to the rights of migrant workers in social security participation. The
President through Government Regulation Number 86 of 2013 pertaining
Procedures for Imposing Administrative Sanctions to Employers In Addition to
State Administrators and Every Person Unless Employers, Workers and Recipients
of Contribution Assistance in the Implementation of Social Security, issued
regulations on implementing those sanctions.
Because of the employer probably will not deposit the contributions from the
worker to BPJS, the country regulates it as a criminal act through the Article 55 of
BPJS Act with the maximum threat of 8 (eight) years in prison or a maximum fines
of Rp. 1,000,000,000 (one billion rupiah).
All of the above provisions show the serious priority of the Indonesian
government to protect the rights of migrant workers in the participation of Social
Security. It is not only forming nomenclature of legislation in the level of
constitution but also in the level of implementing both in government regulations
and others. In addition, an administrative and punishment sanctions show that these
are frighten norm (restrictions without sanctions) so that they have the right
authority to carry out.
b. Singapore
Generally, regulations regarding employment in Singapore are regulated in the
Employment Act. Particularly, regulations of migrant workers in Singapore are
regulated in the Employment of Foreign Manpower Act (EFMA). EFMA regulates
the regulation and enforcement of work passes and offenses. Migrant workers in
Singapore are divided into 2 (two) categories,(Governance & Sosial Development
Research Center 2011) namely:

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1) Foreign Talents
Foreign talents are migrant workers who have professional qualifications or have a
higher education level.
2) Foreign Workers
Foreign workers are those who have a little expertise or even no expertise, who
work in manufacturing, construction and domestic sectors. Foreign workers are
the most in Singapore. They are inseparable from bilateral agreements regulated
by Singapore government with India, Bangladesh, Sri Lanka, the Philippines and
Thailand.
Unfortunately, both the Employment Act and EFMA do not regulate concretely
and decisively the rights of social security participation for migrant workers. EFMA
through Article 25 Paragraph (6) alphabet (c) EFMA, regulates the obligation of the
controller to equip migrant workers with health insurance only. When the
Employment Act was even revised in 2018 and effectively applied on April 1, 2019,
there was no revision to the law at all about social security for migrant workers
(Changes to the Employment Act 2018). Likewise for workplace accidents, both the
Employee Act and EFMA do not regulate the rights of migrant workers to become
participants in social security for workplace accidents. However, when the accident
happened, the workers will get "workplace accident compensation" as regulated on
Work Injury Compensation Act (WICA). The compensation is provided by the
employer without following a social security or insurance scheme (Mahidol Migration
Center 2011).
In addition, legal protection for the participation of migrant workers in Singapore
is carried out through bilateral agreements between sending countries and Singapore
as the recipient country. One of the countries that entered into a bilateral agreement
to protect migrant workers in social security participation is Indonesia and Singapore.
Bilateral cooperation is regulated through a Memorandum of Understanding between
The supervisory board of the Workers Social Security Agency or BPJS
Ketenagakerjaan and the Ambassador of Republic of Indonesia by organizing
protection program for Indonesian migrant workers in Singapore (Subiyanto 2017).
The legal basis used by Indonesia to claim cooperation with Singapore is the Minister
of Manpower Regulation Number 7 of 2017 pertaining the Indonesian Workers'
Social Security Program.
Legal Protection of Migrant Workers' Participation in Social Security in
Indonesia and Singapore Refers to Universal Declaration of Human Rights.
Based on Art. 22 Universal Declaration of Human Rights, there must be no
difference between the rights of local and migrant workers, and all workers are
entitled to social security. However, Art. 22 Universal Declaration of Human Rights

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does not limit the cooperation in the form of bilateral and multilateral as a protection
against the social security for migrant workers.
Based on the above explanation regarding legal protection of migrant workers in
social security participation, only Indonesia which provides an equal rights between
local and migrant workers in social security participation, while Singapore does not.
Indonesia through Act No. 13/2003 pertaining Manpower, Act No. 40/2004
pertaining the SJSN and Act No. 24/2011, Indonesia protects the rights of migrant
workers to participate in social security participants. Whereas in Singapore, it is not
regulated both in the Employment Act and EFMA that migrant workers have the
right to become social security participants in Singapore (only Singapore citizens and
permanent residents of Singapore). However, Singapore is trying to provide
protection through bilateral agreements between the countries, one of them is
Indonesia. The disadvantage is if the origin country of migrant workers has not
entered into bilateral or multilateral cooperation, the migrant workers have no right
to become social security participants.

Social Security Programs that could be Followed by Migrant Workers in
Indonesia and Singapore
a.

Indonesia

The participation of social security as stated on Article 14 of BPJS Act is an
obligation for migrant workers who work for a minimum of 6 (six) months in
Indonesia. The registration of participation in social security is carried out by the
employer.
The social security program that can be followed by migrant workers is explicitly
regulated on Elucidation of Article 15 of BPJS Act, whereby migrant workers can
become a participant in 5 (five) social security programs either organized by BPJS
Kesehatan or BPJS Ketenagakerjaan. The types of social security programs regulated
on Article 18 of SSJN Act which include health insurance, work accident insurance,
old age insurance, life insurance and pension benefits.
1)

Health Insurance
Health insurance based on Article 19 (2) of SJSN Act is held to ensure each
participant receives health and maintenance benefits for their health needs.
Health insurance is organized nationally based on the principle of social
insurance and equity. Health insurance is organized by BPJS Kesehatan. Before
BPJS Act was regulated, health insurance was organized by Health Insurance
(Askes) and Workers' Social Security (Jamsostek).

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The participation of health insurance is not only migrant workers but also
their families (wives/husbands, biological/stepchildren) of 5 (five) people
maximum. For migrant workers who receive wages, the contributions are paid
from deductions from workers' wages and additional contributions from the
employers. However, for the recipients of contributions, health insurance is paid
by the country.
2) Work Accident Insurance
Workplace accident insurance based on Article 29 Section (2) of SJSN Act
is a social security held to ensure the participants receive health service benefits
and cash compensation if they get an accident or have any illnesses because of
working. The insurance is held nationally based on the principle of social
insurance. Protection against the risk of workplace accidents is started since they
go from home, they come back to home, and they work or do an official travel.
Currently, the insurance is organized by BPJS Ketenagakerjaan (BPJS
Ketenagakerjaan 2017b).
The participation of workplace accident insurance is only for migrant
workers (not the family members).
3) Old age Insurance
The old age insurance based on Article 35 Section (2) of SJSN Act is held
to ensure the participants receive cash if they have been old, remained
permanently disabled, or died. The insurance is held nationally based on the
principle of social insurance or mandatory savings. The organizer of this
insurance is BPJS Ketenagakerjaan.
The participation of this insurance is the migrant workers (without family).
The benefits are in the form of cash which is the accumulated of contributions
and the results of development.
4) Pension Benefits
Pension benefits based on Article 39 Section (2) of SJSN Law is to maintain
the life when the participants lose or decrease their income due to retirement age
or permanent total disability. Pension benefits is held based on definite benefits
and the principle of social insurance or mandatory savings. The insurance is held
by BPJS Ketenagakerjaan.
The participation of pension insurance is the migrant workers (without
family members). The benefits are maintaining a decent life and after
experiencing disability. The benefits can be received regularly until 40% of
wages (BPJS Ketenagakerjaan 2017a).
5) Life Insurance
Life Insurance based on Article 43 Section (2) of UU SJSN is held to
provide death contributions which are given to the heirs. It is held nationally

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based on the principle of social insurance. Currently, the organizer of this
insurance is BPJS Ketenagakerjaan.
The participation of this insurance is migrant workers (without family). The
insurance provides benefits in the form of cash given to the heirs when
participants die not due to workplace accidents.
b.

Singapore

The social security executive in Singapore is The Central Provident Fund (CPF).
The CPF was firstly established in 1955 as a state-funded pension, currently the
scheme offered has been increased, not only the pension fund scheme, funded by the
British colonial government. CPF contributions are paid by workers and employers.
The CPF has evolved into a comprehensive social security system for retirement,
health care, home ownership; family protection and asset purchases. The object of
CPF participation is all Singaporean workers (Singapore citizens and permanent
residents of Singapore) except migrant workers and domestic workers (Sosial
Protection.org. n.d.). Even though the migrant workers have obtained legal
permission to work in Singapore, they still cannot become CPF social security
participants (Edward 2008).
The explanation above shows that Singapore does not provide social protection
to workers through the CPF. To be protected, the Singapore government requires
workers to become insurance participants. Based on Article 25 paragraph (6)
alphabet (c) EFMA, the minimum of participation that must be fulfilled is health
insurance.
The Singapore Ministry of Manpower provides medical insurance requirements
financed by employers to workers who have work permits. The employer is obliged
to buy and pay off the health insurance in a minimum period of 12 months or may
be shorter if the years of service is less than 12 months (Ministry of Manpower
Singapore 2010).
Whereas for the workplace accidents happened, there is also no social security
program that can be followed. However, based on WICA, migrant workers will
receive a direct compensation from the employer for the workplace accidents. Based
on Art. 3 (1) WICA, workplace accidents that will be paid by compensation are
calculated from the time the migrant worker goes to the workplace. The
compensation paid is getting an accident when they are going to the workplace (Art.
3 WICA), getting sick at the workplace (Art. 4 WICA), getting accidents in the
workplace which make a temporary and permanent disability (Art. 14 WICA), to
getting workplace accidents which make them died (Art. 6 WICA).

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For Indonesian migrant workers, the protection is provided through BPJS . The
programs that can be followed are as follows: 1) workplace accident insurance, 2) life
insurance, 3) pension benefits. Work accident insurance and death insurance are
mandatory, while pension benefits is optional (BPJS Ketenagakerjaan 2018). For
migrant workers from other countries, social security programs are followed
depending on the contents of bilateral agreements between the origin countries and
Singapore government.
The Social Security Program Provided to Migrant Workers in Indonesia and
Singapore Based on the Universal Declaration of Human Rights
The minimum social security program that must be given by the country is
including migrant workers in social security. The social security program is involved
in Art. 25 (1) Universal Declaration of Human Rights. The social security programs
include: 1) health insurance, 2) food, clothes and shelter, 3) guaranteed when he is
disabled, 4) guaranteed when they are disabled, 5) guaranteed when they are at old
age (or other conditions that cause he is unable to work).
Based on the explanation above regarding social security programs that can be
followed by migrant workers in Indonesia and Singapore, it can be concluded that
both Indonesia and Singapore do not provide programs that are in accordance with
what has been regulated on Art. 25 Universal Declaration of Human Rights.
Indonesia provides social security programs in the form of health insurance, old age
insurance, work accident insurance, life insurance and pension benefits to migrant
workers. While Singapore does not provide any social security programs for migrant
workers, it does require employers to equip migrant workers with health insurance
and protection through WICA to compensate for workplace accidents experienced
by migrant workers.
CONCLUSION
Indonesia has provided protection for migrant workers the same way as local
workers, as regulated on Art. 22 Universal Declaration of Human Rights. The
protection provided by Indonesia through Act No. 13/2003 pertaining Manpower,
Act No. 40/2004 pertaining SJSN and Act No. 24/2011 pertaining BPJS. However,
Singapore only provides the social security participation to local workers. Migrant
workers get protection through other forms, namely insurance and
bilateral/multilateral agreements.
Whereas, regarding the social security program followed by migrant workers, both
Indonesia and Singapore do not provide programs that are in accordance with what
has been regulated on Art. 25 Universal Declaration of Human Rights. Indonesia

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provides social security programs in the form of health insurance, old age insurance,
work accident insurance, life insurance and pension benefits to migrant workers.
Whereas Singapore does not provide any social security programs, but it requires
employers to equip migrant workers with health insurance and compensation for
workplace accidents.
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ISSN (Print) 0854-6509 - ISSN (Online) 2549-4600