The circulation of leaflets stating “Indonesian maids now on sale” in Kuala Lumpur early this month may not incite widespread anger here, but a report of an Indonesian migrant worker gang-raped by three policemen in the Malaysian state of Penang is a far more serious matter the neighboring country needs to address.
The case, although it might happen to only one of about 2 million Indonesian migrant workers (TKI) employed in Malaysia both legally and illegally, will risk straining bilateral ties between the two countries if not settled in a way that satisfies the Indonesian public and the government.
Such a potential for a new diplomatic row is apparent now that the Indonesian government has condemned the alleged rape and demanded strict enforcement of the law to make sure the three officers, if found guilty, receive the most severe punishment. Indonesia will issue a diplomatic note to officially protest the incident and a series of nationalism-driven rallies outside the Malaysian Embassy in Jakarta are expected to follow.
It was Migrant Care, the advocacy group for migrant workers overseas, who first broke the news about the alleged rape of the female migrant worker, who was identified only as S, a native of Batang, Central Java. The NGO says the rape occurred after S begged for her release after being taken to the Prai police station in Penang, for failing to show her passport while in a taxi on her way home to Taman Inderawasih, Prai that Friday.
The woman defied the officers’ warning not to tell anyone about the incident. That S may be one of hundreds of thousands of undocumented Indonesian migrant workers does not and should not justify the crime. Neither can anyone blame the absence of a passport for leading S to the sexual violence.
Indonesian Foreign Minister Marty Natalegawa, and the government, is right in perceiving S as a victim of law enforcers who abused their power against people who they should have protected.
Currently, S is being sheltered at the Indonesian Consulate General in Penang to undergo treatment that will help her recover before she can testify in court. Jakarta needs to ensure her testimony against the police officers will help the judges deliver justice not only for herself but also the nation.
It is heartening that Malaysian police have taken immediate actions in response to the rape report, including by holding the three suspects at the Bukit Mertajam magistrate’s court. Deputy Penang Police chief Comr. Datuk Abdul Rahim Hanafi said the three were investigated under Section 376 of the Penal Code for rape, which is punishable for a maximum of 20 years of jail sentence and liable to whipping.
Indonesia should have no doubt in Malaysia’s law enforcement, but it is for the sake of a good relationship between the two neighbors that such a case and other forms of violence against Indonesian migrant workers or deprivation of their rights should not recur.
For Indonesia, the case should evoke measures to improve protection of migrant workers employed overseas, given the fact that they are very prone to abuse. The government cannot do the job alone and will need the contributions of non-state actors like NGOs as evident in the Penang incident.
Migrant workers are people who are willing to take the risk and brave ordeals in order to build their dreams of a decent life and have, in fact, contributed a lot to the state through remittances they send home. They are there not for sale, let alone rape.
