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All Journal Rechtsidee Madani: Multidisciplinary Scientific Journal
Bukit, Liametami Benedicta
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Analisis Peran dan Tanggung Jawab Negara Indonesia Dalam Mengatasi Pelanggaran Hak Asasi Manusia Pada Pekerja Migran Indonesia Bukit, Liametami Benedicta; Amina, Frahnaz
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 5 (2024): Madani, Vol. 2, No. 5 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11488233

Abstract

The Republic of Indonesia is obliged to play a role and be responsible for the security, comfort, safety, and welfare of Indonesian workers working abroad. However, the form of legal protection efforts implemented by the Indonesian government has not been optimal in its implementation. Human rights violations, including forced labor, human trafficking, abuse, and violence, are rampant among Indonesian citizens working abroad. This is due to the absence of clear legal protection. The research method used is normative legal research. The results of the study indicate that the Republic of Indonesia is obliged to be responsible for protecting migrant workers from placement to protection during the placement and post-placement period, as well as the role of the central and regional governments in providing advice, training, and coordination with related agencies. The rampant human rights violations against Indonesian migrant workers are due to the lack of coordination between related agencies, the imbalance of power between migrant workers and their employers, and the minimal access of migrant workers to information and legal assistance. Therefore, it is necessary to improve coordination with the destination countries of migration by the Ministry of Foreign Affairs, supervision of agents and recruiters by the Ministry of Manpower and Transmigration, and the active role of the National Human Rights Commission in handling cases of violations of migrant workers' rights and facilitating access to reporting.
Sanctions Against Working Groups for the Selection of Goods/Services Providers in Cases of Tender Collusion (Study: Comparison between Indonesia and Malaysia) Bukit, Liametami Benedicta; Sugiyono, Heru
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1093

Abstract

The general background of this study is the persistent dominance of tender collusion in Indonesia’s procurement sector, which undermines fair competition and public welfare. The specific background focuses on KPPU Decision No. 15/KPPU-L/2023, where the Working Group (POKJA) was proven negligent but exempted from sanctions due to its unclear legal status under Law No. 5/1999. The knowledge gap lies in the absence of explicit regulatory authority to sanction POKJA, creating ambiguity in defining “other parties” within tender collusion provisions. The aim of this research is to compare Indonesia’s regulatory framework with Malaysia’s system, which empowers MYCC to impose administrative sanctions directly on public officials involved in bid rigging. The results show that Malaysia’s Competition Act 2010 provides broader investigative and enforcement powers, enabling more effective deterrence, while Indonesia relies on fragmented administrative mechanisms that weaken accountability. The novelty of this study is its comparative legal analysis demonstrating how dual-authority competition bodies enhance integrity in public procurement. The implications highlight the urgency to revise Law No. 5/1999, clarify POKJA’s legal standing, and establish expert data-analysis bodies to strengthen preventive measures against future tender collusion. Highlights: Indonesia’s weak sanctioning framework leaves POKJA’s accountability unclear in tender collusion cases. Malaysia’s MYCC demonstrates stronger enforcement through integrated administrative and public powers. Reform of Law No. 5/1999 is essential to strengthen oversight and prevent future bid-rigging practices. Keywords: Tender Collusion, POKJA, Competition Law, MYCC , Procurement Governance
Co-Authors Amina, Frahnaz Heru Sugiyono