Protection Of Indonesian Workers Research Articles

Juridical Analysis of Law Enforcement of the Criminal Act of Placement of Illegal Indonesian Migrant Workers (PMI) in the Riau Islands Province (Research Study at the Riau Islands Regional Police's Ditreskrimum)

The aim of the research is to find out the legal arrangements for the placement of illegal Indonesian Migrant Workers (PMI) nationally, to find out the implementation of law enforcement for the criminal act of placing illegal Indonesian Migrant Workers (PMI) by the Riau Islands Regional Police, to find out the obstacles and solutions to law enforcement for criminal acts of placement. Illegal Indonesian Migrant Workers (PMI) by the Riau Islands Police. The research method for this thesis is normative juridical (legal research) through literature study with an empirical juridical approach (sociological juridical) through field studies aimed at gaining legal knowledge empirically. The results of the research show that the legal regulation of the placement of illegal Indonesian Migrant Workers (PMI) nationally is regulated in several articles in Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers which regulates all aspects of the migrant worker sector starting from employer permits, equipment and documents. must be fulfilled by prospective workers as well as criminal provisions for parties involved in criminal acts of illegal migrant workers. The implementation of law enforcement for the crime of illegal placement of Indonesian Migrant Workers (PMI) by the Riau Islands Regional Police has not yet run optimally because there are still many criminal acts of illegal migrant workers in the Riau Islands region, even though the police have optimized their performance in law enforcement efforts requiring cooperation with other agencies. related agencies such as the Ministry of Manpower, BNP2TKI (National Agency for the Placement and Protection of Indonesian Workers), It is recommended that the police improve their performance in both preventive and repressive efforts. The public should be careful when choosing job placement offers abroad and always ensure that the job offer is official. To the Government to increase police resources both by increasing human resources and by increasing the budget to support the eradication of criminal acts of illegal migrant workers.

INDONESIA-JAPAN COOPERATION IN LABOUR MIGRATION TO IMPROVE THE COMPETITIVENESS OF INDONESIAN MIGRANT WORKERS

The 2018 Global Compact of Migration provides guidance for countries informulating policies and actions to improve the quality of International Migration governance so that they can realize migration that benefits Indonesian Migrant Workers, sending countries, and receiving countries. This research aims to analyze the cooperation of Indonesia and Japan in labour migration to improve the competitiveness of indonesian migrant workers. This research uses qualitative research methods which are carried out based on the interpretation of research data into research results. The research is carried out based on a review of official documents from authorized and relevant government agencies, experiences of actors in Indonesia-Japan cooperation in labor migration in the global labor market and studies references. Indonesia conducts bilateral relations with Japan under an economic cooperation agreement by sending Indonesian workers BNP2TKI as government representatives assigned to supervise the debriefing and protection of Indonesian workers. While on the Japanese side there is the Japan International Corporation of Welfare Services (JICWELS) which will be responsible for receiving the Indonesian Workforce.

PERLINDUNGAN BAGI TENAGA KERJA MIGRAN INDONESIA TERHADAP TINDAKAN HUMAN TRAFFICKING DI WILAYAH TIMUR TENGAH DITINJAU DARI HUKUM INTERNASIONAL

Indonesia still has a very crucial problem, the problem is human trafficking. This study is aimed at identifying and analyzing legal protection for Indonesian workers who work in the Middle East against crimes of trafficking in persons based on national law and international law as well as the application of sanctions given to perpetrators. The research method in this article is juridical normative using a statute approach and a conceptual approach. The results of this study are a form of protection for migrant workers, there are several international regulations, one of which is CEDAW. Meanwhile, the government's efforts in legal protection for TKI victims of human trafficking are by issuing various legal instruments, one of which is the UU PTPPO (Pemberantasan Tindak Pidana Perdagangan Orang). From this research, it can be concluded that the government needs to collaborate bilaterally, as well as multilaterally, especially the destination countries for placing Indonesian migrant workers, and cooperate with non-governmental organizations in combating human trafficking.

THE MANAGEMENT OF INDONESIAN DOMESTIC WORKERS BASED ON GOVERNMENT PARTICIPATION IN CHINA

Indonesian domestic workers have been an interesting issue for several years. The existence of the workers, in one side, has played significant roles in generating income, reducing poverty, and generating economic development of the sending country. But in another side, they have also created complicated problems. The problems have frequently involved multiple stakeholders including governmental, non-governmental institution, and private sectors. Therefore, this study focuses on explaining Government participation in managing Indonesian domestic workers in China. China was chosen due to the number of the domestic workers. In order to explain the phenomenon, the researchers used qualitative research method. Consequently, the primary data was collected from interview. In addition, documentary analysis was also used in order to support the data. The study showed that there are at least some Government involved in managing Indonesian domestic workers such as National Agency of Placement and Protection of Indonesian Workers, Private Agencies in sending and receiving country, Ministry of Labor, and Ministry of Foreign Affairs. There are three processes of worker placement namely pre-placement, while-placement, and post placement. The private agencies participated practically in almost all of the process including recruitment, providing education and training, and placement the workers. While, other Government participate in providing administrative process such as providing agreement, documents needed, legalizing private agencies, and collecting the data of the labors. However, administrative process was not run properly. It was because the workers and private sectors have to report their conducting activities. This condition gave impact to the lack of control to the activities. This was also exacerbated by the lack of participation from the workers. They don’t have any information about the job and power to get protection. It was because of the existence of the law and lack of education. Therefore, knowledge about job, law, and involved Government was needed to increase participation and protection of the worker.
 
 Keywords: Domestic Workers, Job Placement, Job Protection, Government Participation

THE ROLE OF INDONESIAN LABOR PLACEMENT AND PROTECTION BOARD (BNP2TKI) ON INDONESIAN LABOR (TKI)


 
 
 Establishment of the National Agency for the Placement and Protection of Indonesian Workers (BNP2TKI) To optimize the protection of migrant workers abroad which is more integrated, the government forms a national body whose duty is to protect Indonesian migrant workers abroad. A Non- Departmental government agency that is responsible to the President who is domiciled in the national capital, namely the National Agency for Placement and Protection of Indonesian Workers (BNP2TKI), whose functions are coordinating and integrated placement and protection of migrant workers abroad, with several tasks as follows: 1. Placing on the basis of a written agreement between the government and the government of the country that uses TKI or legal entity users in the destination country; 2. Providing services, coordinating, and supervising: documents, final departure briefing (PAP), problem solving, sources of funding, departure until repatriation, improvement of the quality of prospective migrant workers, information, quality of implementing TKI placement, and improving TKI welfare and his family. In accordance with the principle of international law, legal protection for citizens ceases when the citizens of that country cross the borders of the state jurisdiction. Protection of Indonesian workers abroad or in recipient countries is carried out in accordance with international law and applicable laws in the country.
 
 

COMMUNITY EMPOWERMENT MODEL THROUGH OPTIMIZATION OF THE ROLE OF INDONESIAN MIGRANT WORKERS (PMI) PURNA IN ENCOURAGING ACHIEVEMENT OF THE SUSTAINABLE DEVELOPMENT GOAL IN EAST LAMPUNG REGENCY

n Indonesian Migrant Workers (PMI) who have ended their employment contracts, are called purna PMI. Full PMI who have returned from working abroad bring enormous remittances. Remittances that are not managed properly will run out for consumptive purposes, so that it can cause purna PMI who have returned from working abroad to depart again as PMI. Therefore, purna PMI needs to be fostered and empowered with the aim of having sustainable income, thus having the opportunity to be able to create jobs for the surrounding communities This research uses descriptive research with a qualitative approach. Based on the results of the study, there is currently a purna PMI empowerment program, namely the Program (1) Productive Migrant Village by the Ministry of Manpower, (2) Empowerment program for PMI Gold by the National Agency for Placement and Protection of Indonesian Workers (BNP2TKI). This program is actually relatively good, but the program in East Lampung Regency has not run optimally. This is because there are still obstacles such as human PMI resources that are still lack of knowledge, difficult access to capital, marketing of entrepreneurial products that have not been maximized and lack of local partners who are involved in the empowerment process. This has led to the need for synergies in creating and implementing an empowerment model, which can be a reference model for empowerment of regions with full PMI follicle to encourage the achievement of sustainable development in East Lampung Regency. n Keywords : PMI purna, Remittance and Empowerment

Implementasi UU Nomor 39 Tahun 2004 terhadap Tenaga Kerja Indonesia di Luar Negeri

Indonesian labor is a term for low-skilled and unskilled Indonesian citizens who work abroad in employment relations for a certain period of time with wages. Legal protection for Indonesian Workers' Rights has not gone well, the need for guidance on the meaning of labor law for Indonesia, this undermines Indonesian Workforce and eliminates job security for Indonesian workers while abroad, the obstacles to implementing Indonesian legal protection for workers are mistakes that conducted by Indonesia, namely Manpower does not report problems to the Government of Indonesia in connection with the employment of Indonesian Workers. The purpose of this research is to find out more clearly and broadly about the protection of Indonesian workers working abroad who are carried out by the terrace of the Ministry of Placement of Protection of Indonesian Workers in North Sumatra Province. The method carried out in this study is descriptive qualitative methods related to data collection and identification. Data analysis method uses data reduction and research instruments, namely interviews and documentation. The results of this study indicate that the Indonesian Labor Protection Placement Service has carried out its duties with the policy of Law No. 39 of 2004 concerning the placement and protection of Indonesian workers abroad. In carrying out its duties there are obstacles faced in providing legal protection to the state labor force.

IMPLEMENTASI KEBIJAKAN PERLINDUNGAN TENAGA KERJA INDONESIA (TKI) DI LUAR NEGERI PADA TAHAP PRA PENEMPATAN (Studi Kasus TKI Kota Palembang)

Protection in the placement of Indonesian Workers (TKI) to enable them to obtain employment services quickly and easily while maintaining safety the physical, morals and dignity. In the implementation of the protection of Indonesia workers has been implemented but not optimal, the existing problems such as external communications executive agency is not going well, this is due to the lack of communication between BBLK and PPTKIS. Communications are not yet well established is also seen in the defense of the fulfillment of the rights of Indonesia workers because the insurance consortium has not been able to realize the obligation to pay compensation claims no later than seven (7) working days in accordance with applicable regulations. Social conditions that do not support the activities of pre placement protection of Indonesia workers, this is due to re-entry Indonesia workers objected to the payment of insurance premiums are charged at the time of manufacture KTKLN.The results showed that the implementation Protection of Indonesian Workers Abroad pre placement has been implemented, but not optimal. The constraints in the implementation of the implementation is the external communication, and social conditions that are less support protection of Indonesia workers.Keywords : Administration, Implementation, Protection of Indonesian Workers, Government Regulations on the Protection of Indonesian Workers.

Peran Desa Sebagai Basis Migrasi Aman dalam Perlindungan Tenaga Kerja Indonesia

<p><em>The lack of knowledge possessed by Indonesian labor abroad gives rise to some vulnerability. An urgent problem to solve is the formulation of village regu</em><em>-</em><em>lations on the protection of the Pamijen Village workforce in order for Indo</em><em></em><em>nesian workers from Pamijen Village to be protected for safe migration and to ensure that abandoned families can educate abandoned children well. This research uses a qualitative approach because it has advantages in construc</em><em></em><em>ting social reality, cultural meaning, focusing on interactive processes and events. The authors discussed with Pamijen Village Government to get inputs related to improving the capacity of the village apparatus through training on the formulation of Village Regulations on the Protection of Indonesian Wor</em><em></em><em>kers and then conducting public hearing activities through focus group dis</em><em></em><em>cussions. The results of the research conducted in Pamijen Village, Sokaraja Sub-district resulted in an agreement to draft the Pamijen Village Rule of Re</em><em>-</em><em>gulation on the Protection of Prospective Indonesian Workers/ Indonesian Migrant Workers and Their Families</em><em></em></p><strong><em>Keywords:</em></strong><em> Village, Protection, Indonesian Worker</em>

The New Zealand’s Recognised Seasonal Employer Policy and the Contractual Rights of Indonesian Workers

The Recognised Seasonal Employer (RSE) scheme has attracted overseas workers to work in the horticulture and viticulture industries in New Zealand. They come from various countries all over the world, to stay and work in New Zealand. This article would explore some legal issues arise from New Zealand’s RSE policy in particular relation with the Indonesian migrant workers who seek a job in New Zealand. It would also analyze the rights and obligations of the workers as stipulated in the employment contract concluded by the Indonesian workers and the New Zealand companies under the RSE scheme. The normative legal writing combines the research on relevant public and private legal instruments and comparatively examines both national law and regulations of Indonesia and New Zealand in order to afford a balanced insight of the law of both countries. This study found that on one hand, New Zealand laws have already covered all aspects of workers and determined New Zealand’s government obligation to oversee the employment agreements, while on the other hand, Indonesian law and regulation do not cover explicitly the issue of protection of Indonesian workers who work in New Zealand under the RSE scheme. This article offers constructive recommendations addressed to any relevant stakeholders in order to improve the legal nature, institutional role and procedure for supporting New Zealand’s RSE policy and in the same time the better protection to the Indonesian migrant workers.

IDENTITAS ISLAM DALAM KEBIJAKAN LUAR NEGERI INDONESIA TERHADAP PALESTINA, STUDI KASUS : PENYELENGGARAAN KONFERENSI TINGKAT TINGGI (KTT) LUAR BIASA KE-5 TAHUN 2016 ORGANISASI KERJASAMA ISLAM (OKI) DI JAKARTA

The Government of the Republic of Indonesia hosted the 5 th Extraordinary Summit Organisation of Islamic Cooperation (OIC) on Palestine and Al-Quds Al-Sharif in Jakarta on March 7, 2016. The event reflects the Islamic identity in Indonesia’s foreign policy. The event is analyzed by the constructivist perspective. In constructivist perspective, interests and State's behavior are influenced by the meaning States’s identity. The identity is the result of a State’s internal and external preference. Islamic identity embodied in Indonesia's interests to get recognition, economic interests and the protection of Indonesian Workers in Middle East Countries. Keywords : Identity, Interests, Foreign Policy

IDENTITAS ISLAM DALAM KEBIJAKAN LUAR NEGERI INDONESIA TERHADAP PALESTINA, STUDI KASUS : PENYELENGGARAAN KONFERENSI TINGKAT TINGGI (KTT) LUAR BIASA KE-5 TAHUN 2016 ORGANISASI KERJASAMA ISLAM (OKI) DI JAKARTA

<p>The Government of the Republic of Indonesia hosted the 5<sup>th</sup> Extraordinary Summit Organisation of Islamic Cooperation (OIC) on Palestine and Al-Quds Al-Sharif in Jakarta on March 7, 2016. The event reflects the Islamic identity in Indonesia’s foreign policy. The event is analyzed by the constructivist perspective. In constructivist perspective, interests and State's behavior are influenced by the meaning States’s identity. The identity is the result of a State’s internal and external preference. Islamic identity embodied in Indonesia's interests to get recognition, economic interests and the protection of Indonesian Workers in Middle East Countries.</p><p> </p><p><strong>Keywords</strong>: Identity, Interests, Foreign Policy</p>

Juridical review on recruitment of foreign workers

Manpower development is an integral part of national development based on Pancasila and the 1945 Constitution, which is implemented through the development of a reliable Indonesian workers for the realization of a prosperous Indonesian society. Manpower development must be fairly regulated so as to provide comprehensive protection for Indonesian workers. On March 26, 2018 President Jokowi signed the Presidential Regulation No. 20 of 2018 concerning Use of Foreign Workers, this regulation is considered to harm Indonesian workers. This research use a normative method and juridical approach with Theory of Popular Sovereignty by John Locke. Normative legal research is a research that discusses the legal aspect, by conducting library research in terms of comparative law or legal history oriented to the applicable laws and regulations. Based on Theory of Popular Sovereignty, Presidential Regulation 20 of 2018 contradictory to the Manpower Act especially about the Plan of Use of Foreign Workers. Even the regulation does not pay attention to the interests of the people to get a job and only prioritize the entry of investment to Indonesia.

PELINDUNGAN HUKUM TERHADAP TENAGA KERJA INDONESIA DI LUAR NEGERI

The number of cases of migrant workers abroad, the need for a protection which is able to overcome the problems or issues that have so far linked dengaan the placement and protection of migrant workers, both before leaving for work and after returning to Indonesia. So here is required mutual coordination among the relevant agencies ranging from the local government, the department of labor and Transmigration Decree, the National Agency for Placement and Protection of Indonesian Workers (BNP2TKI), Ministry of Foreign Affairs in order to avoid overlapping of authority and mutual tug of power between institutions. The employment of various problems due to labor issues received less attention, especially for developing countries that send their employees abroad or from the country of employment. Lack of attention, lack of protection, not only because of the attention from labor-sending countries out of the country focused on the problems within the country itself, but also due to the problems of violations in the workplace are more likely sealed from public access as well as the dilemma of the workers themselves to fight for their rights. The formulation of the problem to be addressed is how the Indonesian government’s role in protecting Indonesian workers abroad? As stipulated in the Act ano. 39 2004 Article 6 that the government is responsible forenhancing the protection of migrant workers abroad, so here takes an active role from the government on how to protect workers is without pressure from other parties. In order to protectworkers is also require the participation of various parties, such as the family of migrant workers, labor organizations, and other parties that exist. In order to provide protection to workers isnot only the duty of the minister of labor alone, but also the duty of the foreign minister. This isin accordance with the wording of Article 19 (b) of Law No. 37 of 1999 on Foreign Relations,which is representative of the Republic of Indonesia is obliged to provide care, protection andlegal aid to citizens and legal entities abroad Indonesia in accordance with national legislationand international law and practice.