How Does Perpres 165/2024 Structure the Ministry for Protection of Indonesian Migrant Workers?

The Ministry Mandate: Protection of Indonesian Migrant Workers

Peraturan Presiden Nomor 165 Tahun 2024 tentang Kementerian Pelindungan Pekerja Migran Indonesia (Presidential Regulation No. 165 of 2024 on the Ministry for Protection of Indonesian Migrant Workers) represents a fundamental transformation in Indonesia's approach to protecting migrant workers. Enacted on November 5, 2024, this regulation elevates the institutional status of migrant worker protection from a non-ministerial government agency to a full ministry directly accountable to the President.

The regulation states in Pasal 5: "Kementerian mempunyai tugas menyelenggarakan urusan pemerintahan pelindungan PMI yang merupakan lingkup dari urusan pemerintahan di bidang ketenagakerjaan untuk membantu Presiden dalam menyelenggarakan pemerintahan negara" (The Ministry has the task of administering governmental affairs for the protection of Indonesian Migrant Workers, which is within the scope of governmental affairs in the field of labor, to assist the President in administering state governance).

This mandate positions the Ministry as the primary government entity responsible for the protection of Pekerja Migran Indonesia (PMI), or Indonesian Migrant Workers. The elevation to ministerial status signals the Indonesian government's recognition that migrant worker protection requires comprehensive policy-making authority, not merely administrative implementation. Under President Prabowo Subianto's administration, this transformation became operational on October 21, 2024.

The Ministry's establishment builds upon the legal foundation provided by Undang-Undang Nomor 39 Tahun 2008 tentang Kementerian Negara (Law No. 39 of 2008 on State Ministries), as amended by Undang-Undang Nomor 61 Tahun 2024. Specifically, Article 11 of this law provides the constitutional basis for creating specialized ministries to address specific governmental functions. The regulation also implements provisions from Peraturan Presiden Nomor 140 Tahun 2024, which outlines the broader ministerial architecture of the current administration.

The creation of a dedicated ministry reflects Indonesia's substantial stake in migrant worker welfare. With millions of Indonesian citizens working abroad, the protection of their rights, safety, and economic interests constitutes a significant national priority. The Ministry's comprehensive mandate encompasses the entire lifecycle of overseas employment, from pre-departure preparation through post-return reintegration.

Prior to this regulation, migrant worker protection functions were distributed across multiple agencies, primarily under the Kementerian Ketenagakerjaan (Ministry of Manpower) and the Badan Pelindungan Pekerja Migran Indonesia (BP2MI - Indonesian Migrant Workers Protection Agency). Pasal 47 of Perpres 165/2024 explicitly addresses this transition: "Pelaksanaan tugas dan fungsi di bidang penempatan dan pelindungan tenaga kerja luar negeri yang dilaksanakan oleh Kementerian Ketenagakerjaan berdasarkan Peraturan Presiden Nomor 95 Tahun 2020 tentang Kementerian Ketenagakerjaan, dialihkan menjadi tugas dan fungsi Kementerian Pelindungan Pekerja Migran Indonesia" (The implementation of tasks and functions in the field of placement and protection of overseas workers carried out by the Ministry of Manpower based on Presidential Regulation No. 95 of 2020 on the Ministry of Manpower is transferred to become the tasks and functions of the Ministry for Protection of Indonesian Migrant Workers).

Institutional Evolution Matrix

This institutional evolution demonstrates a progressive strengthening of governmental commitment to migrant worker protection. The transformation from a non-ministerial agency to a full ministry grants the institution greater policy-making authority, budgetary resources, and political weight within the Indonesian government structure.

The Organizational Structure: Ministerial Architecture and Deputy Ministers

The Ministry for Protection of Indonesian Migrant Workers operates under a hierarchical structure that places the Menteri (Minister) at the apex of organizational authority. The regulation establishes clear lines of accountability and introduces the possibility of deputy ministerial positions to support the Minister's extensive responsibilities.

According to the regulation, "Kementerian ini dipimpin oleh Menteri yang berada di bawah dan bertanggung jawab kepada Presiden" (This Ministry is led by a Minister who is under and accountable to the President). This direct reporting relationship to the President underscores the strategic importance of migrant worker protection in national policy. The Minister holds ultimate responsibility for all ministerial functions and serves as the principal advisor to the President on matters related to Indonesian migrant workers.

The regulation provides for ministerial support through deputy positions: "Dalam memimpin Kementerian, Menteri dapat dibantu oleh wakil menteri sesuai dengan penunjukan Presiden, Wakil menteri berada di bawah dan bertanggung jawab kepada Menteri" (In leading the Ministry, the Minister may be assisted by deputy ministers in accordance with Presidential appointment, where deputy ministers are under and accountable to the Minister). This provision allows for functional specialization within the ministerial leadership, enabling the distribution of responsibilities across the Ministry's diverse mandate.

The first Minister of Protection of Indonesian Migrant Workers, appointed on October 21, 2024, is Mukhtarudin. Under the dual structure created by Perpres 165/2024 and Perpres 166/2024, Mukhtarudin simultaneously serves as Minister and as Kepala BP2MI (Head of BP2MI), creating an integrated leadership model that unifies policy-making and implementation functions.

The organizational architecture reflects a comprehensive approach to migrant worker protection. While Perpres 165/2024 establishes the Ministry's overall structure, the detailed Susunan Organisasi dan Tata Kerja (SOTK - Organizational Structure and Work Procedures) is further elaborated in Peraturan Menteri Pelindungan Pekerja Migran Indonesia Nomor 1 Tahun 2024. This ministerial regulation specifies the internal organizational units, including directorates, subdirectorates, and functional units.

Ministerial Leadership Structure

The Ministry's organizational structure includes several key directorates responsible for specific functional areas. According to ministerial regulations, these include the Direktorat Layanan Pengaduan, Mediasi, dan Advokasi Pekerja Migran Indonesia pada Pemberi Kerja Perseorangan (Directorate for Complaint Services, Mediation, and Advocacy for Indonesian Migrant Workers with Individual Employers) and the Direktorat Layanan Pengaduan, Mediasi, dan Advokasi Pekerja Migran Indonesia pada Pemberi Kerja Berbadan Hukum (Directorate for Complaint Services, Mediation, and Advocacy for Indonesian Migrant Workers with Corporate Employers).

This differentiation between services for workers employed by individuals versus corporations reflects the distinct challenges and legal frameworks applicable to each employment category. Individual employers, such as domestic workers' employers, require different intervention approaches than corporate employers in sectors like construction, manufacturing, or maritime work.

The Ministry also maintains a Sekretariat Jenderal (Secretariat General) responsible for administrative coordination, budgeting, human resources, and internal governance. This unit ensures the smooth functioning of ministerial operations and provides cross-cutting support to all technical directorates.

Functional positions (jabatan fungsional) constitute another critical element of the organizational structure. These specialized roles include legal analysts, labor protection specialists, international relations officers, and other technical experts who provide specialized knowledge to support ministerial functions. The inclusion of robust functional positions enables the Ministry to maintain technical expertise across diverse areas relevant to migrant worker protection.

The organizational design emphasizes both vertical hierarchy for clear accountability and horizontal coordination for integrated service delivery. This matrix structure allows the Ministry to address the multidimensional nature of migrant worker protection, which requires simultaneous attention to legal, diplomatic, economic, and social dimensions.

The Core Functions: Promotion, Placement, Protection, and Empowerment

Perpres 165/2024 establishes four core functional domains for the Ministry: promosi dan pemanfaatan peluang kerja luar negeri (promotion and utilization of overseas employment opportunities), penempatan PMI (placement of Indonesian migrant workers), pelindungan PMI (protection of Indonesian migrant workers), and pemberdayaan PMI (empowerment of Indonesian migrant workers). These four pillars represent a comprehensive lifecycle approach to managing overseas employment.

The regulation specifies: "Dalam melaksanakan tugas, Kementerian menyelenggarakan fungsi antara lain: perumusan dan penetapan kebijakan di bidang promosi dan pemanfaatan peluang kerja luar negeri, penempatan PMI, pelindungan PMI, dan pemberdayaan PMI" (In carrying out its tasks, the Ministry performs functions including: formulation and establishment of policies in the field of promotion and utilization of overseas employment opportunities, placement of Indonesian Migrant Workers, protection of Indonesian Migrant Workers, and empowerment of Indonesian Migrant Workers).

The first functional domain, promotion and utilization of overseas employment opportunities, focuses on proactive engagement with international labor markets. This includes identifying countries with high demand for Indonesian workers, negotiating bilateral agreements to facilitate worker placement, and promoting Indonesia's workforce capabilities to potential employers abroad. The Ministry engages in diplomatic outreach, participates in international labor forums, and develops marketing strategies to position Indonesian workers competitively in global labor markets.

Placement functions encompass the administrative and logistical processes required to move workers from Indonesia to overseas employment. This includes processing applications, verifying employment contracts, coordinating with recruitment agencies, facilitating pre-departure training and orientation, and managing departure logistics. The Ministry ensures that placement processes comply with Indonesian law, international labor standards, and bilateral agreements with destination countries.

Protection constitutes the Ministry's central mandate and most extensive functional area. Pelindungan PMI includes both preventive and responsive measures. Preventive protection involves ensuring safe working conditions through pre-placement contract verification, establishing complaint mechanisms, maintaining diplomatic channels with destination countries, and providing insurance coverage. Responsive protection includes crisis intervention when workers face abuse, exploitation, or emergency situations, legal assistance for workers in disputes with employers, repatriation services for workers in distress, and advocacy to address systemic protection failures.

Empowerment focuses on enhancing workers' capabilities and post-return opportunities. Pemberdayaan PMI includes skills training to improve workers' competitiveness and earning potential, financial literacy programs to help workers manage remittances effectively, entrepreneurship training to support workers who wish to start businesses upon return, and social reintegration programs to help returned workers transition back to Indonesian communities.

Four Core Functions Matrix

Beyond these four core functions, the regulation assigns additional responsibilities to the Ministry. These include "pelaksanaan bimbingan teknis dan supervisi atas pelaksanaan suburusan Kementerian di daerah" (implementation of technical guidance and supervision over the implementation of ministerial sub-affairs in the regions). This regional supervision function ensures that ministerial policies are effectively implemented at the provincial and district levels, where many migrant workers originate and to which they return.

The Ministry also performs "koordinasi pelaksanaan tugas, pembinaan, dan pemberian dukungan administrasi kepada seluruh unsur organisasi di lingkungan Kementerian" (coordination of task implementation, development, and provision of administrative support to all organizational elements within the Ministry). This internal coordination function ensures coherent operations across the Ministry's diverse units and regional offices.

Financial and asset management constitutes another key function: "pengelolaan barang milik/kekayaan negara yang menjadi tanggung jawab Kementerian" (management of state-owned goods/assets under the Ministry's responsibility). This includes managing ministry facilities, equipment, and financial resources in accordance with Indonesian public financial management regulations.

The Ministry conducts "pengawasan atas pelaksanaan tugas di lingkungan Kementerian" (oversight of task implementation within the Ministry). This internal oversight function includes monitoring performance indicators, conducting audits, and ensuring compliance with regulations and standards. Effective oversight mechanisms are essential for maintaining accountability and identifying areas for improvement in service delivery.

Functional Implementation Across Worker Lifecycle

The integration of these four core functions reflects an understanding that effective migrant worker protection requires attention to the entire employment cycle. Promotion creates opportunities, placement ensures safe deployment, protection addresses problems during employment, and empowerment maximizes long-term benefits for workers and their communities.

The Inter-Agency Coordination: Relationship with BP2MI and Other Entities

A distinctive feature of Indonesia's migrant worker protection framework under Perpres 165/2024 is the dual institutional structure comprising the Kementerian Pelindungan Pekerja Migran Indonesia (Ministry) and the Badan Pelindungan Pekerja Migran Indonesia (BP2MI). This relationship is formalized through Perpres 166/2024, which was issued simultaneously with Perpres 165/2024.

Perpres 166/2024 defines BP2MI as "Lembaga Pemerintah Non Kementerian yang melaksanakan tugas pemerintahan di bidang pelindungan Pekerja Migran Indonesia" (a Non-Ministerial Government Institution that carries out governmental tasks in the field of protection of Indonesian Migrant Workers). Despite its classification as a non-ministerial institution, BP2MI's leadership structure directly links it to the Ministry: "Kepala yang dijabat oleh Menteri Pelindungan Pekerja Migran Indonesia dan Wakil Kepala yang dijabat oleh Wakil Menteri Pelindungan Pekerja Migran Indonesia" (The Head is held by the Minister of Protection of Indonesian Migrant Workers and the Deputy Head is held by the Deputy Minister of Protection of Indonesian Migrant Workers).

This integrated leadership model creates a unified command structure where policy formulation (ministerial function) and policy implementation (BP2MI function) are led by the same individuals. The Minister serves simultaneously as head of the policy-making Ministry and head of the implementing agency. This structure aims to eliminate coordination gaps and ensure seamless translation of policy into operational action.

BP2MI's core mandate is "pelaksanaan kebijakan di bidang penempatan dan pelindungan PMI" (implementation of policies in the field of placement and protection of Indonesian Migrant Workers). While the Ministry formulates policies, BP2MI executes them through operational programs and direct service delivery. BP2MI also performs "pelaksanaan pelayanan dan pelindungan PMI" (implementation of services and protection for Indonesian Migrant Workers), including managing service centers, processing worker applications, and coordinating protection interventions.

The relationship between the Ministry and BP2MI exemplifies a policy-implementation distinction common in Indonesian governance. Ministries typically focus on kebijakan (policy) while lembaga (agencies) focus on pelaksanaan (implementation). However, the shared leadership model in this case creates an unusually tight integration between policy and operations.

Ministry-BP2MI Coordination Matrix

Beyond the Ministry-BP2MI relationship, the Ministry must coordinate with numerous other government entities. The Kementerian Luar Negeri (Ministry of Foreign Affairs) is a critical partner for diplomatic engagement with destination countries, consular protection for workers abroad, and negotiation of bilateral agreements. Indonesian embassies and consulates serve as frontline protection providers for workers overseas, working under foreign ministry authority but coordinating closely with the Ministry of Protection of Indonesian Migrant Workers.

The Kementerian Hukum dan Hak Asasi Manusia (Ministry of Law and Human Rights) coordinates on legal matters, particularly regarding immigration procedures, legal assistance for workers facing criminal or civil legal issues abroad, and human rights advocacy. The Ministry of Protection of Indonesian Migrant Workers works with prosecutors and judges to pursue justice in cases of worker exploitation or abuse.

Coordination with Kementerian Ketenagakerjaan (Ministry of Manpower) remains important despite the transfer of migrant worker functions. The Ministry of Manpower retains responsibility for domestic labor markets, skills training infrastructure, and labor inspection within Indonesia. Joint coordination ensures alignment between domestic employment policies and overseas placement strategies.

Provincial and district governments constitute essential implementation partners. Since many migrant workers originate from rural areas and return to local communities, effective protection and empowerment require strong regional coordination. The Ministry provides "bimbingan teknis dan supervisi" (technical guidance and supervision) to regional offices to ensure consistent policy implementation across Indonesia's diverse provinces.

Private sector entities, particularly Perusahaan Penempatan Pekerja Migran Indonesia (P3MI - Indonesian Migrant Worker Placement Companies), are regulated by the Ministry. These private recruitment agencies play a significant role in facilitating worker placement but have historically been associated with exploitation risks. The Ministry establishes licensing requirements, conducts oversight, and can revoke licenses for companies that violate regulations.

Civil society organizations, including migrant worker advocacy groups and legal aid organizations, serve as implementation partners and accountability mechanisms. These organizations often provide frontline services to workers, document protection failures, and advocate for policy reforms. The Ministry engages with civil society through consultative mechanisms and partnership programs.

Inter-Agency Coordination Framework

This multi-stakeholder coordination framework reflects the complex, cross-cutting nature of migrant worker protection. Effective protection requires simultaneous engagement across diplomatic, legal, administrative, and social dimensions, necessitating collaboration among diverse governmental and non-governmental actors.

The Implementation Framework: Regional Offices and Service Delivery

The Ministry's implementation framework extends beyond central government offices in Jakarta to encompass an extensive network of regional service centers positioned throughout Indonesia and, in some cases, overseas. This decentralized service delivery model recognizes that migrant workers require accessible services in their home communities both before departure and upon return.

The primary regional service units are the Balai Pelayanan Pelindungan Pekerja Migran Indonesia (BP3MI - Service Centers for Protection of Indonesian Migrant Workers). The Ministry operates 23 BP3MI units distributed across provinces with high concentrations of migrant workers. Each BP3MI is "dipimpin oleh seorang Kepala dan terdiri atas Subbagian Tata Usaha serta Kelompok Jabatan Fungsional" (led by a Head and consists of an Administration Subdivision and Functional Position Groups).

BP3MI centers serve as one-stop service points where prospective migrant workers can obtain information, submit applications, undergo pre-departure preparations, and access protection services. For returned workers, BP3MI centers provide reintegration support, skills training, and assistance in resolving disputes with former employers or recruitment agencies. The centers also conduct outreach to communities to educate potential workers about their rights and risks associated with overseas employment.

Complementing the BP3MI network are 25 Pos Pelayanan Pelindungan Pekerja Migran Indonesia (P4MI - Service Posts for Protection of Indonesian Migrant Workers). P4MI units are smaller facilities, typically located in districts or subdistricts with significant migrant worker populations but insufficient volume to warrant a full BP3MI center. P4MI posts provide basic information and referral services, directing workers to BP3MI centers or other appropriate resources for more complex needs.

Regional Service Network Structure

The organizational structure of BP3MI centers, as detailed in Peraturan BP2MI, ensures both administrative support and technical expertise. The Subbagian Tata Usaha (Administration Subdivision) handles routine administrative functions including budgeting, procurement, personnel management, and facilities management. The Kelompok Jabatan Fungsional (Functional Position Groups) comprise technical specialists in areas such as legal protection, counseling, skills assessment, and case management.

BP3MI centers maintain direct communication links with the Ministry's central offices, enabling rapid response to emerging issues and consistent implementation of policy directives. Regional offices report regularly on service statistics, protection cases, and implementation challenges, providing the Ministry with real-time data to inform policy adjustments.

Beyond Indonesia's borders, the Ministry coordinates with Indonesian embassies and consulates that host Atase Ketenagakerjaan (Labor Attachés). These diplomatic labor officials serve as the Ministry's representatives in destination countries, monitoring working conditions, addressing worker complaints, coordinating with local authorities when workers face problems, and facilitating repatriation when necessary. While labor attachés operate under the Ministry of Foreign Affairs administratively, they work closely with the Ministry of Protection of Indonesian Migrant Workers on operational matters.

The implementation framework also includes crisis response protocols. When large-scale problems emerge—such as mass layoffs, natural disasters affecting Indonesian workers abroad, or diplomatic incidents—the Ministry activates coordinated response mechanisms involving central offices, regional centers, diplomatic posts, and partner agencies. These crisis protocols define roles, communication channels, and decision-making authority to enable rapid, effective response.

Technology infrastructure supports the implementation framework. The Ministry maintains integrated information systems that track worker registrations, placement processes, protection cases, and service delivery statistics. These systems enable coordination across regional offices, facilitate data-driven decision-making, and support transparency by allowing workers to track their application status and access information.

Quality assurance mechanisms ensure consistent service delivery across the regional network. The Ministry conducts regular supervision visits to BP3MI and P4MI facilities, evaluates performance against established standards, and provides technical assistance to improve service quality. Performance indicators include processing times, complaint resolution rates, worker satisfaction, and compliance with legal requirements.

Service Delivery Lifecycle Framework

The regional implementation framework represents a significant resource commitment, requiring substantial staffing, infrastructure investment, and operational funding. The Ministry's ability to deliver on its comprehensive mandate depends critically on the effectiveness of this regional network. Ensuring adequate resources, qualified personnel, and robust coordination mechanisms across all service points constitutes an ongoing implementation challenge.

Capacity-building initiatives strengthen the regional network. The Ministry provides training for BP3MI and P4MI staff on evolving policies, legal requirements, counseling techniques, and case management approaches. Regular staff development ensures that service providers maintain current knowledge and professional competence. Exchange programs allow staff from different regions to share best practices and learn from diverse implementation contexts.

Community engagement enhances the implementation framework's effectiveness. The Ministry encourages BP3MI centers to establish advisory committees including representatives from migrant worker communities, civil society organizations, local government, and private sector entities. These committees provide local knowledge, identify emerging issues, and help ensure that services respond to community needs.

The implementation framework must adapt to changing patterns of migration. As destination countries change, employment sectors evolve, and worker demographics shift, the Ministry adjusts resource allocation and service priorities across the regional network. Flexibility in implementation arrangements enables responsive adaptation while maintaining consistent service quality standards.

Institutional Transformation in Context: From Agency to Ministry

The elevation of migrant worker protection from an agency function to a full ministry represents more than an administrative reorganization—it reflects a strategic policy shift toward recognizing migrant workers as a national priority requiring high-level governmental attention and resources. This transformation can be understood within the broader context of Indonesia's evolving approach to labor migration governance.

Indonesia has long been a major source country for migrant workers, with millions of citizens employed abroad in sectors including domestic work, construction, manufacturing, plantation agriculture, and maritime industries. These workers generate substantial remittances that contribute significantly to Indonesia's economy, particularly in rural areas. However, Indonesian migrant workers have historically faced significant protection challenges, including exploitative recruitment practices, contract violations, workplace abuse, inadequate legal recourse, and insufficient support during crises.

Previous institutional arrangements distributed migrant worker responsibilities across multiple agencies, creating coordination challenges and limiting policy coherence. The Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia (BNP2TKI - National Agency for the Placement and Protection of Indonesian Overseas Workers), established under earlier regulations, operated as a non-ministerial agency with limited policy-making authority. Perpres 90/2019 transformed BNP2TKI into BP2MI, focusing more explicitly on protection rather than just placement, but retained the non-ministerial status.

The creation of a full ministry in 2024 grants the institution policy formulation authority, cabinet representation, and enhanced budgetary resources. The Minister participates in cabinet meetings, directly advises the President, and holds co-equal status with other ministers, elevating migrant worker issues to the highest levels of government deliberation. This institutional positioning enables more effective advocacy for migrant worker interests in inter-ministerial policy debates and budgetary allocation processes.

Comparative Institutional Status

The ministerial transformation also carries implications for international engagement. Destination countries and international organizations typically accord greater recognition and respect to ministerial-level counterparts than to agency officials. When negotiating bilateral agreements, addressing worker protection issues, or participating in international labor forums, a minister carries more diplomatic weight than an agency head. This enhanced standing may facilitate more favorable agreements and more effective advocacy for Indonesian workers abroad.

However, the transformation also creates implementation challenges. Establishing a new ministry requires developing comprehensive organizational structures, recruiting qualified personnel, establishing administrative systems, and integrating previously separate functions. The Ministry must build institutional capacity while simultaneously delivering services to workers who cannot afford delays or service disruptions. Managing this transition effectively constitutes a significant governance challenge.

The dual structure with BP2MI, while aiming for policy-implementation integration, creates potential confusion regarding roles and responsibilities. Stakeholders including workers, recruitment agencies, destination country officials, and civil society organizations must navigate the relationship between the Ministry and BP2MI. Clear communication about which entity handles what functions is essential for effective service delivery.

Resource allocation questions arise from the ministerial transformation. Does elevating the institution to ministerial status result in increased budgetary resources commensurate with expanded responsibilities? Or does ministerial status primarily represent a symbolic elevation without corresponding resource enhancement? The effectiveness of the new ministry will depend significantly on whether budgetary resources, staffing levels, and infrastructure investments align with the comprehensive mandate.

The Ministry's success will ultimately be measured not by institutional structure but by outcomes for migrant workers. Key performance indicators include reduction in exploitation and abuse cases, improvements in contract compliance, increased access to legal remedies, enhanced remittance management, successful reintegration of returned workers, and overall worker satisfaction with governmental services. The institutional transformation creates potential for improved outcomes, but realizing that potential requires sustained commitment, adequate resources, and effective implementation.

Anticipated Impact Areas

As the Ministry of Protection of Indonesian Migrant Workers establishes its operational presence and implements its comprehensive mandate, ongoing monitoring and evaluation will be essential. The regulation provides the legal foundation and institutional architecture, but effective protection of migrant workers depends on how these structures translate into practical action. Future assessments must examine whether the ministerial transformation delivers tangible improvements in worker protection, empowerment, and well-being.

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