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All Journal Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia The Indonesian Journal of International Clinical Legal Education
Nova Septiani Tomayahu
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Law, Crime, Criminology & Criminal Justice

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Legal Implications for Home-Based Workers Following the Judicial Review Decision of the Constitutional Court of the Republic of Indonesia Nova Septiani Tomayahu; Dedi Sumanto
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 1 (2024): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i1.4171

Abstract

This study aims to analyze the laws and regulations governing informal workers, especially home-based workers in Indonesia by examining decision No. 75/PUU-XX/2022 concerning the application for review of Law No. 13 of 2013 regarding Manpower against the 1954 Constitution in the Constitutional Court of the Republic of Indonesia. Understanding the legal status of informal workers in Indonesia is crucial. This research employed a normative legal method using statutory and analytical approaches. Data was collected using the document study method on secondary data, which was then analyzed qualitatively. Based on the research results, it was found that home-based workers are included in the informal sector, but Manpower Law has not yet accommodated them. This is because Indonesian law does not recognize home-based workers in the Job Creation Law or the Manpower Law, as it has not adopted international instruments on home-based workers. However, home-based workers still receive work agreements based on Article 1320 and Article 1338 of the Civil Code and protection in several laws and regulations. According to the Court, the government must specifically regulate home-based workers to accommodate every type of work in Indonesia.
Kepatuhan Hukum PMI dan P3MI Studi Kasus Penempatan Ilegal Pekerja Migran dari Lombok ke Malaysia Anisa Seftiani Mahmud; Arnold Daud; Nova Septiani Tomayahu
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study aims to analyze the legal compliance of Indonesian Migrant Workers (PMI) and Indonesian Migrant Worker Placement Companies (P3MI) in cases of illegal placement from Lombok to Malaysia. The approach used is juridical-normative by examining relevant laws and regulations and secondary data from actual cases. The results of the study indicate that the level of legal compliance of PMI and P3MI is weak because there have been violations of legal procedures both by PMI who depart without official documents and P3MI who are indicated to be working with brokers or unofficial agents to expedite departure without procedures. Due to the weak level of legal compliance of PMI and P3MI, BP2MI assesses this as a violation in the form of illegal placement which causes the Malaysian government to carry out mass deportation of migrant workers. This study concludes that efforts to improve legal compliance require strengthening regulations, increasing legal literacy for prospective PMI, and strict supervision of P3MI performance in the process of placing workers abroad.
Co-Authors Anisa Seftiani Mahmud Arnold Daud Dedi Sumanto