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All Journal Yustisia Brawijaya Law Journal : Journal of Legal Studies Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura Jurnal Hukum IUS QUIA IUSTUM Jurnal Ilmiah Hukum LEGALITY Jurnal Simbur Cahaya Jurnal Suara Hukum Veteran Justice Journal Inicio Legis : Jurnal Hukum Neraca: Jurnal Ekonomi, Manajemen dan Akuntansi RechtIdee BATIK: Jurnal Pengembangan dan Pengabdian Masyarakat Multikultural
Devi Rahayu
Universitas Trunojoyo Madura
Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Rights-Based Labor Law: A Comparison of Indonesian and Nepal Policies Rahayu, Devi; Munir , Mishbahul; Wartiningsih; Shokhikhah, Zilda Khilmatus; Thapa, Nar Yan
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p156-183

Abstract

Human Rights (HR) serve as a crucial foundation in labor policies to protect workers' rights. However, both Indonesia and Nepal face significant challenges in their implementation, such as rights violations in the informal and formal sectors in Indonesia, and the risk of exploitation of Nepali migrant workers, exacerbated by the pandemic, weak oversight, and a lack of social protection. This study aims to analyze the differences in the implementation of human rights-based labor laws in Indonesia and Nepal and to identify the factors influencing the success or challenges of their enforcement. The study employs a normative legal method with legislative, comparative, conceptual, and historical approaches to analyze the integration of human rights principles into labor policies in Indonesia and Nepal. It relies on qualitative data from library research, including primary, secondary, and tertiary legal materials. The findings reveal that the implementation of human rights-based labor laws in Indonesia and Nepal demonstrates a commitment to international principles through the ratification of ILO conventions. However, both countries face distinct challenges within their social, economic, and implementation capacities. Indonesia focuses on protecting minimum wages, social security, and regulating working hours but struggles with gender discrimination and issues in the informal workforce. Meanwhile, Nepal deals with caste discrimination, migrant worker protection, and inadequate social security schemes. Both countries encounter oversight challenges, but factors such as socio-economic context, pro-investment policies, and commitment to international standards influence the success and challenges of implementing human rights-based labor laws in these two nations.
Protection Of Post-Placement Indonesian Migrant Workers In Sampang Regency Rosanawati, Resa; Ilhami, Fahri Nur; Prasetya, Ferry Wahyu; Rahayu, Devi
VJJ Vol. 3 No. 1 (2021): Veteran Justice Journal
Publisher : Fakultas Hukum, UPN Veteran Jawa Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33005/vjj.v3i1.37

Abstract

Protection of Indonesian Migrant Workers is an obligation of the state and also of the Government were to fulfill the rights of citizens, this protection does not only include during pre-placement and during placement but also post placement. Law No. 18 of 2017 concerning the protection of the migrant workers' placement is a legal umbrella that was formed to fulfill the rights of Indonesian Migrant Workers. As stated in Article 28 D paragraph 3, it reads that every citizen has the right to get a decent job. Where it is concluded that every citizen has the right to work abroad as well as its protection. The Covid-19 impact is very detrimental to PMIs, especially in terms of PMIs repatriation. The problem in this research is how to implement the protection of post-placement migrant workers. This research is an empirical research or approach research to society and the approach used is a fact approach. The results of this study examined the effectiveness of Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers regarding the protection of Post-placement Migrant Workers.
COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN: AN EFFORT OF HANDLING AND LEGAL PROTECTION Rahayu, Devi; Fatoni, Syamsul
Yustisia Vol 8, No 2: August 2019
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v8i2.25246

Abstract

This article examines efforts to protect and deal with government, law enforcement agencies and assistants or NGOs in preventing and eradicating commercial sexual exploitation of children (CSEC). In Indonesia there are many child trafficking in border areas and cities like Surabaya, which are identified as sending, transit and destination cities. The research type used is  the juridical empirical study namely the effectiveness research of regulations enforcement on child protection. Primary data obtained from experience experienced by children and the family, law enforcement, government and companion Non Governmental Organization (NGO). Data collection techniques carried out by the interview method and FGD. The results showed that the commercial sexual exploitation of children is an act of human trafficking because the purpose of sexual action is to obtain money or other goods with the children, sex service users, liaison and related parties. The highest educated victims of Commercial Sexual Exploitation of Children (CSEC) are high school and are in an economically inadequate condition, broken home, and the influence of uncontrolled social media. 
Co-Authors Andriyanto, Gian Anggraeni Boedi Mustiko Cendani, Zahra Dwi Ilhami, Fahri Nur Mishbahul Munir Munir , Mishbahul Munir, Mishbahul Nabila, Risqa Nunuk Nuswardani Nurali Prasetya, Ferry Wahyu Riesta Yogahastama Rizal, Khairul Romli, Moh. Rosanawati, Resa Sardi, Melan Damayanti Supaat, Dina Imam Susilah Ningwahyu Syamsul Fatoni Teo Titanio Marc Peter Thapa, Nar Yan Wartiningsih Wartiningsih -, Wartiningsih Wasabisu, Nuraziana Widianto, Yovi Yusuf, Mirna Zilda Khilmatus Shokhikhah