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Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Published by Universitas Islam Indonesia
ISSN : -     EISSN : 30218586     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia merupakan media publikasi karya ilmiah hasil seminar nasional yang mengkaji berbagai permasalahan terkini dalam bidang hukum pidana, hukum perdata, hukum internasional, hukum tata negara, dan hukum administrasi negara. Prosiding seminar nasional yang ditulis oleh penulis internal Fakultas Hukum UII maupun penulis eksternal tersebut diterbitkan sebanyak 6 (enam) kali dalam setahun yaitu Januari, Maret, Mei, Juli, September, dan November.
Arjuna Subject : Umum - Umum
Articles 250 Documents
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Analisis Pengaturan Pelindungan Pekerja Migran Indonesia (PMI) Perempuan Ilegal Korban Image-Based Sexual Abuse: Telaah Perspektif HAM dan Intersectionality Theory Dimas Saputra
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

Indonesian Migrant Workers (PMI) women are a group that is vulnerable to violence including non-physical sexual violence based on images. Ideally, the state should be present as an effort to protect this vulnerable group, but unfortunately this is not the case for those with illegal status, with the argument that the government's legality principle seems to turn a blind eye to it. However, this raises a big question regarding how legal protection actually is and should be. This study uses a juridical-normative research method with a regulatory-legislation approach, a conceptual approach and a comparative approach. The data used are secondary data with primary and secondary legal materials. The results of the study show that there is a disparity in legal protection between legal and illegal workers, the PPMI Law specifically only guarantees legal protection for PMI law. In fact, from a human rights perspective, the right to dignity agrees on the protection of illegal female PMI not only as workers but also as responsible human beings. Both implicitly and specifically, Article 28D paragraph (1) and Article 28G of the 1945 Constitution of the Republic of Indonesia and international commitments through the ICRMW have actually guaranteed the protection of every individual as a human being, including illegal female migrant workers, but the PPMI Law as lex specialis has not heeded it. Through the Intersectionality Theory, it was also found that there are multiple vulnerabilities, structural discrimination, and policies that are not sensitive to gender, this makes the conditions of illegal female migrant workers even more ironic.
Penguatan Kelembagaan dan Tata Kelola Pemerintahan dalam Pelindungan Hak Asasi Manusia Pekerja Migran Indonesia di Era Globalisasi Edi Pranoto; Eva Arief; Muawafah
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

Globalization has increased cross-border labor mobility, positioning Indonesian migrant workers (PMI) as key actors in the international economy. Although Indonesia has established progressive regulations through Law No. 18 of 2017 and Law No. 6 of 2023, the protection of PMI’s human rights still faces challenges, such as weak coordination between central and regional authorities, suboptimal integration of national data systems, and limited diplomatic capacity in addressing rights violations in destination countries. This study aims to analyze institutional strengthening and governmental governance reforms to enhance the protection of PMI’s human rights. The research questions are: (1) how institutional strengthening can improve the protection of Indonesian migrant workers’ human rights, and (2) how governance reforms can address challenges in protecting the human rights of Indonesian migrant workers. The study employs a normative juridical method with a descriptive-analytical approach. Data were sourced from national legal documents, reports from KP2MI, the Ministry of Foreign Affairs, and the National Human Rights Commission, as well as literature reviews and cases of PMI human rights violations from 2018–2025. The results indicate that institutional strengthening requires restructuring inter-agency authorities, integrating national data systems, and implementing progressive human rights diplomacy with destination countries. Governance reforms must include inter-agency coordination, human rights-based public services, and enhanced capacities of regional governments and complaint-handling institutions. This holistic approach is essential to ensure the effective protection of PMI’s rights, adaptiveness to global dynamics, and compliance with both national and international standards.
Transformasi Dan Inovasi Pelindungan Hukum Pekerja Migran Indonesia Di Sektor Informal Henry Anderson Parapat; David Banjarnahor
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 examines the effectiveness of the implementation of Law No. 18 of 2017 in providing legal protection for Indonesian migrant workers in the informal sector, focusing on the pre-placement, placement, and post-placement stages. It also identifies the main obstacles and proposes strategic measures to address them. Employing a normative juridical method with statutory and conceptual approaches, the study analyzes relevant legislation, legal doctrines, and practical applications concerning migrant worker protection. The findings indicate that althought the regulatory framework is normaitvely comprehensive, its implementation remains hampered by weak institutional coordination, limited legal literacy, social stigma, and non-procedural recruitment practices. To address these challenges, the study recommends strengthening cross sectoral collaboration, accelerating the harmonization of implementing regulations, enhancing human resource capacity, and promoting inclusive legal education and services. Throught these integrated strategies, the legal protection for Indonesian migrant workers in the informal sector is expected to become more effective, responsive, and sustainable.
Transformasi Instrumen Internasional dalam Pelindungan Pekerja Migran Perempuan dan Implikasinya terhadap Kebijakan Nasional M. Mustofah Bisri; Safira Ika Maharani; Barlian Najma Elhanuna
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 analyzes the transformation of international instruments in the protection of female migrant workers and their implications for Indonesia’s national policy from an Administrative Law perspective. It focuses on CEDAW 1979, ICMW 1990, and ILO Conventions No. 189 and No. 190. Using a normative legal approach with secondary data from legislation, government reports, and academic sources, the study finds that despite ratification of CEDAW and ICMW, non-ratification of ILO No. 189 and incomplete implementation of Law No. 18 of 2017 result in gaps in legal protection, particularly for domestic and informal female migrant workers. Challenges include weak oversight of placement agencies, irregular migration, gender-based violence, and limited enforcement of labor rights. The findings suggest that international instruments provide a strong normative framework, yet practical protection remains limited. The study recommends ratifying ILO Conventions No. 189 and 190, harmonizing national policies with international standards, strengthening administrative oversight, and promoting empirical research to evaluate policy effectiveness in protecting female migrant workers.
Urgensi Penguatan Kementerian Pelindungan Pekerja Migran Indonesia: Perbaikan Tata Kelola Lintas Sektoral Pelindungan Pekerja Migran Indonesia Muhammad Zainuddin Akbar; Ivania Jaziel Christiani; Anang Setiyawan
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

One of the major obstacles in the implementation of the Protection and Placement of Indonesian Migrant Workers (P2MI) lies in the suboptimal execution of cross-sectoral coordination. This is evidenced by the overlapping authorities between BP2MI, as the implementing agency, and the Ministry of Manpower (Kemnaker), as well as misinformation and data inconsistencies concerning migrant workers across ministries, institutions, and related agencies. This study aims to examine the various challenges in the cross-sectoral implementation of P2MI tasks. Using a normative legal research method and a statutory approach, this study identifies several key issues: (1) overlapping authority between the Ministry of Manpower and KP2MI/BP2MI, and (2) limited coordination among implementing ministries/agencies, particularly concerning the integration of migrant worker information systems. The study recommends that the government expedite the establishment of KP2MI and formally designate it as the central coordinator for P2MI tasks through a revision of the P2MI Law. Such a revision should be accompanied by the restructuring of the cross-sectoral implementation system and the harmonization of related implementing regulations
Pelindungan Pekerja Rumah Tangga Migran Perempuan Berdasarkan Asas Keadilan dan Kesetaraan Gender Najwa Amelia Mumtaz; Febriyani Cahyani Purnomo
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

Female migrant domestic workers often experience gender injustice and inequality. This is due to the patriarchal paradigm and the feminization of migration in society. This condition is of course very dangerous in the midst of the large number of female migrant domestic workers. This research will examine the government's policy in protecting female migrant domestic workers in relation to the principles of justice and gender equality and a comparison of the regulation of the protection of female migrant domestic workers between Indonesia and the Philippines. This type of research is normative juridical research through statute approach, conceptual approach, and comparative approach. The results show that Law No. 18/2017 on the Protection of Indonesian Migrant Workers and the Draft Law on the Protection of Indonesian Migrant Workers have not accommodated the specific needs of female migrant domestic workers as a vulnerable group based on the principles of gender equality and justice, while the Philippines through Batas Kasambahay has provided guarantees for the basic rights of domestic workers.
Implementasi UU Pelindungan Pekerja Migran Indonesia terhadap Pelanggaran Penempatan ABK WNI di Sektor Perikanan yang Dilakukan oleh Orang Perorangan (Studi Kasus Putusan Nomor 929/Pid.Sus/2020/PN.Btm) Alvin Daun; Muhammad Pasya Rulli
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 article analyzes violations of the placement of Indonesian ship crew (ABK WNI) in the fisheries sector committed by individuals as regulated in Article 69 of Law 18/2017 in Court Decision Number 929/Pid.Sus/2020/PN.Btm. The legal questions are: 1) How is the implementation of the Law on the Protection of Indonesian Migrant Workers on violations of the placement of fisheries crew members committed by individuals in Decision Number 929/Pid.Sus/2020/PN.Btm?; and 2) What are the procedures for the placement and protection of Indonesian Migrant Workers based on Indonesian laws and regulations? This article is a normative juridical type with a statutory approach and a case approach. The results of this study indicate that 1) The violation of placement of Indonesian crew members committed by PT MJM Abdi Baruna is a type of placement violation committed by individuals despite the status of a limited liability company because it does not have SIP3MI, SIP2MI, and SIUPPAK; and 2) Procedures for the placement and protection of Indonesian ship members in the fisheries sector carried out by crew agency business entities in details had been regulated in PP No. 22 of 2022, P2MI / BP2MI Permen No. 1 of 2025, and Minister of Transportation Regulation No. 59 of 2021.
Disharmonisasi Hukum Status Awak Kapal yang Tak Kunjung Reda: Antara Pekerja Migran dan Bukan Pekerja Migran Aliqa Al-Syidriyah Dawani
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 examines the regulatory disharmony concerning the legal status of Indonesian seafarers working on foreign-flagged vessels and its legal implications for the protection of seafarers as migrant workers. Although Indonesia has ratified Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers (PPMI), the regulation does not explicitly accommodate seafarers within its protection scheme. The Constitutional Court Decision Number 127/PUU-XXI/2023 affirms that seafarers are categorized as migrant workers who are entitled to state protection. Nevertheless, there remains regulatory and institutional disharmony among the Ministry of Manpower, the Ministry of Transportation, and the Indonesian Migrant Workers Protection Agency (BP2MI), resulting in overlapping authorities, administrative barriers, and normative uncertainty. This research employs a normative juridical approach by examining relevant legislation and the Constitutional Court’s decision to identify the forms of disharmony and analyze their legal implications for the protection of seafarers working abroad. The findings indicate that seafarers constitute migrant workers subject to a lex specialis legal regime, thereby necessitating cross-sectoral policy harmonization and the establishment of an integrated and comprehensive legal framework to ensure legal certainty and optimal protection for Indonesian seafarers employed on foreign vessels.
Relevansi Instrumen Hak Asasi Manusia Internasional Terhadap Pelindungan Hukum Pekerja Migran Perempuan Indonesia Di Negara Tujuan Muhammad Abas; Wike Nopianti
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

BNP2TKI data shows that since the 1990s, Indonesian migrant workers have been predominantly women, comprising 69–75% annually. This study applies a normative juridical method with a gender-sensitive legal analysis approach to examine international legal norms and their responses to the vulnerabilities of women migrant workers. The findings reveal that states’ positive obligations have instead created loopholes to evade responsibility through legal techniques and jurisdictional complexities. Diplomatic protection, which should safeguard citizens abroad, has shifted into a bargaining tool in bilateral relations that prioritize economic-political interests over human rights. ASEAN cooperation likewise emphasizes economic integration rather than human rights protection, as reflected in the ASEAN Consensus, which is declarative rather than binding. Both national and regional implementation demonstrate a significant gap between normative commitments and practical realities, driven by states’ structural resistance, economic-political conflicts of interest, and paternalistic-formalistic approaches that fail to address systemic vulnerabilities rooted in gender and migrant status. This crisis of legitimacy within international human rights instruments reflects a structural failure of protection systems that rely too heavily on the state as the primary actor, even though states are often perpetrators or enablers of exploitation.
Pelindungan Bagi Pekerja Migran Indonesia dari Eksploitasi, Perbudakan, dan Diskriminasi Maftuhatul Adna Mirawan
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

Migrant workers are one of the largest contributors to foreign exchange earnings for the country, but at the same time, this group is also vulnerable to human rights violations, such as exploitation, modern slavery, and systematic discrimination in the destination country. Migrant workers often face various forms of legal violations, including unfit working conditions, sexual and psychological harassment, unfair wage payments, working under intimidation, and violence. Although Indonesia has ratified various international conventions and has laws regulating the protection of migrant workers, their implementation still faces many challenges. The research method used in this study is the normative legal method. This method involves examining primary legal materials, such as Law No. 18 of 2017 on PPMI, as well as secondary legal materials in the form of literature, scientific journals, and official reports related to migrant workers. Several strategic steps that can support the protection of migrant workers include Acceleration and Improvement of Derivative Regulations, Strengthening Supervision and Law Enforcement, Enhancing the Role of Local Governments and Integrated One-Stop Services, Utilizing Information Technology for Transparency and Accessibility, Enhancing International Cooperation, Empowering and Educating Prospective Migrant Workers, and Actively Involving Civil Society and Migrant Worker Organizations.

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