Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial
Vol. 16 No. 1 (2026): JURNAL DUSTURIAH

REGULATORY GAPS AND LEGAL PROTECTION FOR INDONESIAN MIGRANT WORKERS PROFICIENT IN MANDARIN: A Review of Illegal Employment Practices

Kho, Candra (Unknown)
Syarief, Elza (Unknown)
Tan, David (Unknown)



Article Info

Publish Date
07 Jun 2026

Abstract

This study analyzes regulatory gaps and the effectiveness of legal protection for Indonesian Migrant Workers who possess Mandarin language skills and are vulnerable to illegal labor practices. Although Law Number 18 of 2017 establishes a protection framework for the pre-placement, placement, and post-placement stages, its implementation has not fully addressed vulnerabilities arising from informal recruitment, document forgery, and weak oversight of unregistered agencies. Using a normative legal method and a qualitative approach, this research evaluates regulations, employment contracts, BP2MI reports, and studies related to PMI placement in Mandarin-speaking countries. The findings indicate that while Mandarin proficiency can enhance employment opportunities, it also creates loopholes for exploitation, particularly through non-procedural channels that are difficult for consular services and diplomatic protection to reach. Limitations in inter-agency coordination further exacerbate these risks. This study recommends the need for bilateral regulatory harmonization, strengthened oversight based on language competence, enhanced transnational legal aid, and the application of John Rawls principles of justice to reinforce substantial protection for Indonesian Migrant Workers.

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Journal Info

Abbrev

dustur

Publisher

Subject

Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Dusturiyah journal accepts manuscripts in Indonesian, English and Arabic with focus: a study of laws and regulations: law, fiqh, Islamic economics, politics and social ...