Bestuur
Vol 10, No 1 (2022): Bestuur

The Impact of COVID-19 on Challenges and Protection Practices of Migrant Workers' Rights

Anom Wahyu Asmorojati (Faculty of Law, Universitas Ahmad Dahlan, Yogyakarta)
Muhammad Nur (Faculty of Law, Universitas Ahmad Dahlan, Yogyakarta)
Indah Kusuma Dewi (Faculty of Law, Universitas Muhammadiyah Buton)
Hezlina Hashim (University Technology Petronas)



Article Info

Publish Date
08 Aug 2022

Abstract

Indonesia has agreed to the ASEAN Consensus on the Promotion and Protection of the Rights of Migrant Workers. However, many cases have proved the vulnerability of the legal protection for Indonesian migrant workers in Malaysia. In other words, the consensus has not protected the workers. Therefore, this research was conducted to analyze considerations for the regulations designed to protect post-consensus migrant workers. The objective comprised three aspects: analysis of the legislation after consensus, the draft policy that realizes the consensus, and the enforcement based on the draft formulated to safeguard the rights of migrant workers—a normative juridical method used in this research. The results showed that the consensus is a soft law that does not have a binding effect and sanction, causing it vulnerable to a violation, especially among undocumented migrant workers.  Therefore, the research recommends bureaucracy reform to reduce the administrative costs for the migrant workers, allowing them to have better legal protection.

Copyrights © 2022






Journal Info

Abbrev

bestuur

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

Description

The focus of BESTUUR is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Administrative Law. BESTUUR aims to provide a forum for lectures and researchers on applied law science to publish the original articles. The scope of BESTUUR interested in topics ...