Martin Roestamy
Universitas Djuanda, Bogor, Indonesia

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Legal Protection for Informal Migrant Construction Workers under International Law: A Comparative Study between Indonesia and Malaysia Yahya Abdul Habib; Martin Roestamy; Endeh Suhartini; Carlito Ribeiro Suarez
Jurnal Ilmiah Dunia Hukum Vol 11, No 1 (2026): VOLUME 11 ISSUE 1 OCTOBER 2026
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v11i1.6972

Abstract

The protection of informal migrant construction workers constitutes a critical issue within contemporary labour law due to the high level of occupational risk, fragmented employment relationships, and limited access to social protection. This study examines the extent to which international labour standards have been implemented in providing legal protection for informal construction workers, with a comparative analysis between Indonesia and Malaysia. The purpose of this research is to analyze the effectiveness of national labour regulations in both countries and to identify structural obstacles that hinder the realization of decent work principles for informal migrant workers. This research employs normative legal research using statutory, conceptual, theoretical, and case approaches. Data were collected through literature studies of national labour laws, migration regulations, and international legal instruments, particularly conventions and recommendations of the International Labour Organization (ILO). The findings indicate that although Indonesia and Malaysia have normatively adopted international labour standards, their implementation remains partial and ineffective. In Indonesia, legal protection is constrained by a formalistic approach that requires written employment relationships, resulting in the exclusion of informal workers. Meanwhile, Malaysia demonstrates stronger occupational safety supervision, yet legal protection is largely dependent on workers’ immigration status, leaving informal migrant workers highly vulnerable. The study reveals a significant gap between law in the books and law in action caused by subcontracting systems, fragmented employer responsibility, and weak enforcement mechanisms. This research concludes that effective protection requires regulatory reform through recognition of factual employment relationships, strengthening joint liability of main contractors, and harmonization of national labour laws with international labour standards to ensure inclusive and substantive protection for informal construction workers