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All Journal Journal of Law, Society, and Islamic Civilization POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
Parashtheo, Bintang
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Indonesian Migrant Workers in Malaysia and Their Social Environment: Analysis from a Socio-Legal Perspective Parashtheo, Bintang; Sakti, Sri Wahyu Krida; Suntoro, Agus; Wulan, Tyas Retno
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 2 (2025): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i2.1700

Abstract

Malaysia is considered one of the primary destinations for migrants in Southeast Asia, particularly those from Indonesia. There are approximately 2.7 million Indonesian migrant workers in Malaysia, with 1.6 million having followed official placement procedures. The presence of a large number of Indonesian migrant workers in Malaysia has led to legal complications concerning their employment relationships with employers, including issues related to work contracts, safety regulations, social security, and termination of employment. Additionally, there are socio-legal concerns regarding the social integration of migrant workers into their new environment, which may contribute to criminal activities such as extremism, drug trafficking, human trafficking, undocumented labor, theft, and domestic violence. The legal problems faced by migrant workers are influenced by two main factors: their level of legal understanding, both in terms of Indonesian law and Malaysian law, and their lack of familiarity with the cultural norms of the host country, leading to social tensions. Therefore, the main question addressed in this study is how the social environment influences migrant workers' attitudes and behaviors, particularly whether it contributes to criminal acts and legal repercussions. This socio-legal study of the social relationship of Indonesian Migrant Workers with their environment is empirical using a survey method involving Indonesian Migrant Workers and document review. All data and legal materials are processed and analyzed using statistical instruments of central-tendency analysis for quantitative data, and interactive models of qualitative data analysis for qualitative data, while the analysis of the substance uses analytical theory of legal-protection and legal-justice.
Keabsahan Jual Beli Hak Atas Tanah Kepada Warga Negara Asing (WNA) Meliza, Meliza; Parashtheo, Bintang
Journal of Law, Society, and Islamic Civilization Vol 14, No 1: April 2026
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v14i1.117425

Abstract

This study seeks to examine the legal validity of transactions involving the sale and purchase of land rights by foreign nationals in Indonesia, as well as to identify the legal problems that frequently arise in practice. Indonesia’s national land law, especially Law Number 5 of 1960 concerning Basic Agrarian Principles, provides that ownership rights in the form of freehold title are reserved exclusively for Indonesian citizens, whereas foreign nationals may only obtain more limited forms of land rights, such as rights of use or rights acquired through certain legal entities in accordance with applicable laws and regulations. Nevertheless, in practice, attempts by foreign nationals to control land are still carried out through nominee arrangements, simulated transactions, and the misuse of legal entities. This research employs an empirical legal method with a socio-legal approach, viewing law as both a normative system and a social reality. The study was conducted in Bali Province, an area characterized by high levels of foreign investment and tourism activity. Primary data were obtained through in-depth interviews with officials of the National Land Agency (BPN), Notaries/Land Deed Officials (PPAT), and other relevant parties, as well as field observations. Secondary data were collected through library research consisting of statutory regulations, court decisions, books, and scientific journals. All data were analyzed using a descriptive qualitative method. The findings indicate that nominee arrangements and other forms of legal circumvention are contrary to the nationality principle in agrarian law and fail to satisfy the lawful cause requirement under contract law, rendering such transactions potentially null and void. In addition, weak administrative supervision, misuse of zoning regulations, and limited public understanding of land ownership restrictions for foreign nationals remain significant concerns. Therefore, stronger supervision, improved inter-agency coordination, and more effective legal education are necessary to ensure legal certainty and to protect national interests in the land sector.
Co-Authors Meliza Meliza Sakti, Sri Wahyu Krida Suntoro, Agus Tyas Retno Wulan