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All Journal Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
R. Mustar Lofi
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Law, Crime, Criminology & Criminal Justice

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Relevansi Hak Asasi Manusia dalam Pelindungan Pekerja Migran Indonesia R. Mustar Lofi
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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This study explores the relevance of human rights in the protection of Indonesian migrant workers (PMI), a pressing issue amid the high incidence of rights violations in destination countries. In the context of globalization and increasing labor mobility, PMI are often subject to exploitation, discrimination, and both physical and psychological violence. Although Indonesia has enacted national laws, such as Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers, and ratified several international human rights instruments, the actual implementation of HR principles in policies and practices remains deficient. This study adopts a normative juridical method, using legislative and literature review approaches. The findings indicate that the current protection mechanisms fail to fully guarantee the basic rights of PMI as outlined in international human rights frameworks. Hence, there is a pressing need for synergy between strengthened national regulations, effective human rights diplomacy, and active civil society involvement in monitoring and advocating PMI rights. This study contributes to the development of HR-based policies and reinforces the urgency of Indonesia’s ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) as a strategic step toward comprehensive and just protection.
The Reality Of The Agrarian Law: Can It Address ‎Indonesia’s Land Problems? R. Mustar Lofi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 3 MEI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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The Basic Agrarian Law (UUPA) of 1960 was established as the primary legal framework to govern land ownership, control, and utilization in Indonesia. Its core objectives were to promote social justice, ensure legal certainty for all citizens, and enhance public welfare through equitable and sustainable land governance. However, despite being in force for over six decades, Indonesia still faces persistent and increasingly complex agrarian issues. These include overlapping land certificates, recurring land conflicts, inadequate recognition of indigenous land rights, and the inefficiency of the land administration system. This study aims to explore the central question: To what extent is the UUPA effective in resolving current land-related problems in Indonesia, and how does its legal framework compare to the more advanced land law systems of other nations? This research applies a normative legal method with a comparative approach, analyzing case studies of land disputes in Indonesia and drawing comparisons with the land law practices in Singapore, Malaysia, China, and the Philippines. Findings indicate that the UUPA suffers from significant structural weaknesses, particularly in recognizing customary land rights and establishing a coherent and transparent administrative structure. Therefore, while the UUPA remains a historical milestone in Indonesian land law, this article concludes that substantial reforms are urgently needed to align the law with current social demands, legal complexities, and the pressures of globalization in the 21st century.
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