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All Journal Edunity: Kajian Ilmu Sosial dan Pendidikan Rechtsnormen: Journal of Law
Wita Purnamasari
Universitas Borobudur
Humanities Computer Science & IT Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences

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Analysis of Laws for the Protection of Indonesian Migrant Workers Abroad Wita Purnamasari; Evita Isretno Israhandi; Megawati Barthos
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (514.634 KB) | DOI: 10.57096/edunity.v1i05.48

Abstract

The situation of TKI abroad during the last few years has been very concerning and has received little attention from the government, the problem of TKI is considered less important and the government has only been busy talking when cases surfaced in the community and received negative responses from the community. Quoted from Republika.co.id Domestic violence (KDRT) among Indonesian citizens living in Australia has increased recently. Legal protection for female workers abroad who are victims of exploitation-rape currently prioritizes the fulfillment of the rights of victims who work legally abroad. The rights of all migrant workers and their families, as well as ILO conventions beforehand, contain elements to protect workers from Indonesia when they encounter a legal challenge in the host country of migrant workers. In addition, guidance is carried out by the government through BNP2TKI and BP3TKI by Article 90 of Law No. 39 of 2004 concerning the Placement and Protection of Overseas Workers, such as providing guidance and advocacy for TKI starting from pre-placement, placement, and post-placement periods. TKI understand the legal system of the TKI receiving country so that if the TKI encounter legal problems, they will know what to do. And also the activeness of ambassadors, consular officers, and attaches in establishing cooperation related to the protection of Indonesian workers who are victims in countries receiving TKI in various forms of diplomatic relations and MoUs
Legal Protection for Indonesian Migrant Workers in the Domestic Sector in Brunei Darussalam Wita Purnamasari; Abdullah Sulaiman; Ahmad Redi
Rechtsnormen: Journal of Law Vol. 2 No. 3 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i3.1296

Abstract

Background. The protection of Indonesian Migrant Workers (PMI) abroad, particularly in Brunei Darussalam, is crucial to ensure their rights and welfare. Despite existing regulations such as Law Number 18 of 2017, PMIs continue to face various challenges including exploitation, unpaid wages, and violence. Addressing these issues requires a comprehensive approach involving legal, social, and diplomatic efforts. Purpose. This study aims to analyze the legal protections available to Indonesian Migrant Workers in Brunei Darussalam. It seeks to identify the effectiveness of current legal frameworks, the roles of Indonesian governmental institutions, and the impact of bilateral agreements between Indonesia and Brunei in safeguarding the rights of PMIs. Method. Utilizing a juridical-normative methodology, this research examines the legal documents, regulations, and policies related to PMI protection. It also analyzes case studies and statistical data on PMI cases in Brunei, focusing on the roles of BP2MI, the Ministry of Manpower, and the Ministry of Foreign Affairs. Results. The findings reveal that while legal frameworks exist to protect PMIs, there are significant gaps in implementation and enforcement. Bilateral agreements between Indonesia and Brunei need to be strengthened, and there is a need for more effective legal assistance and support systems for PMIs. The study also highlights the critical role of the Indonesian Embassy in providing on-ground support to PMIs. Conclusion. Comprehensive protection of Indonesian Migrant Workers in Brunei requires a multi-faceted approach. This includes stronger bilateral relations, improved regulatory frameworks, and active support from Indonesian government institutions. Ensuring the rights and welfare of PMIs will require ongoing collaboration between Indonesia and Brunei, as well as continuous monitoring and evaluation of the effectiveness of legal protections.
Co-Authors Abdullah Sulaiman Ahmad Redi Evita Isretno Israhandi Megawati Barthos