Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia

Harmonization of International Instruments and National Regulations for the Protection of Indonesian Migrant Workers: Achieving Global Compliance and Comprehensive Protection

2025-10-18T04:20:10+00:00

The cross-border mobility of Indonesian labor has become a global phenomenon that significantly contributes to the national foreign exchange, yet simultaneously poses a substantial risk of human rights violations in the absence of adequate legal protection. This article examines the disharmony between international legal instruments and national regulations in the context of protecting Indonesian migrant workers. Utilizing a normative juridical approach and qualitative method, the study finds that Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers (PPMI Law) is not fully aligned with the principles enshrined in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) and other relevant international conventions. Such inconsistencies not only weaken legal protection at all stages of the migration cycle but also give rise to serious legal implications for the State as the guarantor of its citizens' rights. This research recommends legal harmonization strategies and institutional strengthening to ensure comprehensive and equitable fulfillment of migrant workers' rights.

Pelindungan Hukum Terhadap Hak Atas Kesehatan Pekerja Migran Indonesia Sebagai Kelompok Rentan

2025-11-27T07:54:10+00:00

This study was conducted to determine how legal protection of the right to health applies to Indonesian migrant workers using a normative research method with a legislative and conceptual approach through access to primary legal sources in the form of legislation and international conventions, secondary legal sources, both journals and scientific books, as well as non-legal materials such as encyclopedia or relevant non-legal journals. The findings of this study indicate that there is a lack of oversight regarding the fulfilment of health rights, the national health insurance system for workers is not integrated with relevant health conditions, and there are discriminatory actions regarding access to health services in the host country.

Rekonstruksi Tata Kelola Pelindungan Pekerja Migran Melalui Reposisi BP2MI

2025-11-28T06:33:36+00:00

The increasing number of Indonesian Migrant Workers demands stronger legal protection for their rights, which in turn requires an institutional framework that is both effective and adaptive. However, the discourse surrounding the dissolution of BP2MI—the technical body responsible for PMI protection—raises concerns regarding the effectiveness of the current institutional governance. This study aims to analyze the dynamics of institutional arrangements in the protection of migrant workers in Indonesia and to formulate an ideal reconstruction of institutional governance for their protection. The research employs a normative-juridical method with a conceptual and statutory approach. Data were collected through literature studies involving relevant regulations, journals, and academic sources. The findings indicate that removing the BP2MI nomenclature could significantly reduce the institutional responsiveness to the needs of migrant workers. Therefore, this study recommends the repositioning of BP2MI as an independent and specialized technical body under the Ministry of PMI Affairs to ensure a more effective, accountable, and sustainable protection system for Indonesian migrant workers.

Urgensi Penguatan Kementerian Pelindungan Pekerja Migran Indonesia: Perbaikan Tata Kelola Lintas Sektoral Pelindungan Pekerja Migran Indonesia

2025-11-30T13:14:01+00:00

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 Bagi Pekerja Migran Indonesia dari Eksploitasi, Perbudakan, dan Diskriminasi

2025-12-11T02:48:11+00:00

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.

Hak Pendidikan bagi Pekerja Migran dalam Dinamika Globalisasi: Analisis Hukum Internasional dan Realitas Sosial

2025-10-17T03:10:48+00:00

This study examines the rights to freedom of association and education for Indonesian migrant workers (PMI) within international and domestic (Hong Kong and Indonesia) legal frameworks. The research questions focus on how legal norms regulate these rights and the structural, cultural, and legal barriers faced by PMI. An empirical legal approach combines legislative analysis (UDHR Article 26, ICESCR Articles 13-14, ICMW Article 43, and Hong Kong local regulations) with a case study of PMI experiences. Primary data were collected from interviews with PMI, diaspora communities, and NGOs, while secondary data came from legal documents and reports. Descriptive qualitative analysis reveals that, despite international norms guaranteeing education rights, PMI face exploitation, long working hours, and limited employer support, restricting access. The Open University program offers opportunities, but success depends on individual initiative and community support. Collaboration between governments and NGOs is essential for inclusive education access.

Perbandingan Pelindungan Hukum Nasional dan Hukum Internasional dalam Melindungi Pekerja Migran Indonesia

2025-10-17T03:24:21+00:00

The focus of this research examines the comparion of the protection of national law and international law in protecting Indonesian Migrant Workers. In national law, contained in Law Number 18 Year 2017, the state provides protection for migrant workers consisting of legal protection, social protection, and economic protection. Meanwhile, international legal protection is contained in the ILO (International Labor Organization) convention which emphasizes justice for workers. The Indonesian government has ratified 19 ILO conventions, consisting of 8 basic conventions, 2 gouvernance and 9 general or technical conventions. The research method used is normative research through legal interpretation from juridicial-normative and conceptual aspects. The approach method is carried out by comparing national law and international law as a research analysis. The research data sources used primary data and secondary data. Primary data used is the 1945 Constitution, Law No. 18/2017 on PMI, and ILO (International Labor Organization) Conventions. Data analysis techniques through legal interpretation of primary and secondary used. The results found that nastional and international laws have a correlation in protecting the rights of PMI normatively and empirically in guaranteeing the human rights of PMI. However, weak law enforcement and government supervision on the implementation of PMI indicate serious challenges in preventing the emergence of illegal Indonesian Migrant Worker Placement Company.

Arti Penting Pelindungan Hak Asasi Manusia bagi Pekerja Migran Indonesia

2025-11-27T07:49:01+00:00

Indonesian Migrant Workers (PMI) are a group vulnerable to Human Rights violations while working abroad. This article aims to analyze the importance of human rights in protecting PMI and to review the state's obligations in fulfilling the rights of its citizens working abroad. This research uses a normative juridical method with a conceptual approach, legislation, and case studies. The research results show that the protection of PMI is not just an aspect of employment but an integral part of human rights protection. The state has the obligation to fulfill, protect, and respect every right of PMI. Although there is a legal framework through Law Number 18 of 2017, its implementation is still weak. A case study at the Immigration Detention Depot in Malaysia revealed serious human rights violations against PMI, such as torture and medical neglect. If viewed within the concept of human rights, the state is deemed to have failed in providing effective legal protection, both in prevention and recovery. Structural weaknesses were also found, such as the lack of supervision, education, and legal assistance for PMI. This research emphasizes the importance of the state's responsibility to ensure more concrete and sustainable human rights protection for migrant workers.

Pendekatan HAM dalam Reformasi Pelindungan Pekerja Migran Indonesia

2025-11-28T06:29:46+00:00

This study discusses the relevance of human rights in the protection system for Indonesian migrant workers. It addresses two main issues the implementation of human rights principles in regulations concerning the protection of Indonesian migrant workers, and bilateral agreements between Indonesia and destination countries in safeguarding the rights of migrant workers. The research employs a normative legal method with a statutory approach and analysis of international human rights instruments as well as national regulations. The findings reveal that although Indonesia has ratified various human rights instruments, their implementation remains weak, particularly in terms of legal protection and access to justice. Therefore, it is necessary to strengthen regulations and establish human rights-based monitoring mechanisms to ensure the effective and sustainable protection of Indonesian migrant workers’ rights.

Transformasi Dan Inovasi Pelindungan Hukum Pekerja Migran Indonesia Di Sektor Informal

2025-11-30T13:09:11+00:00

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.

Disharmonisasi Hukum Status Awak Kapal yang Tak Kunjung Reda: Antara Pekerja Migran dan Bukan Pekerja Migran

2025-12-09T09:24:23+00:00

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.

Quo Vadis Perlindungan Hukum Pekerja Digital Lintas Batas Negara Sebagai Pekerja Migran

2025-10-17T03:18:18+00:00

This article analyses the legal status and protection of cross-border digital workers as migrant workers. Technological developments allow someone to work across borders without moving to another country. This phenomenon has led to a new trend, namely digital cross-border work. The legal status and legal protection within the framework of labour law also need to be studied. The research method used is normative legal research, using a statutory and conceptual approach. The analysis results show that there is no formal recognition or clear legal status of cross-border digital workers as migrant workers within the framework of employment law. This is based on a narrow interpretation that the indicator of the migrant worker category is doing work outside the territory of their country or carrying out physical migration. For this reason, building an inclusive and equitable work protection system for cross-border digital workers is necessary.

Evaluasi Penegakan Hukum Pelindungan Pekerja Migran Indonesia Berbasis Legal Consciousness Theory Pasca : Undang-Undang Nomor 18 Tahun 2017 tentang Pelindungan Pekerja Migran Indonesia

2025-10-18T04:22:07+00:00

This study aims to evaluate law enforcement related to the protection of Indonesian Migrant Workers (PMI) after the enactment of Law No. 18 of 2017 using the Legal Consciousness Theory approach. The main problem formulation raised is how the implementation of the law is in practice and what obstacles arise in the implementation of the legal protection. The research method used is a qualitative method with a juridical-sociological approach, through the collection of primary data (interviews with relevant stakeholders) and secondary data (document and literature studies). The results of the study indicate that although normatively Law No. 18 of 2017 has provided a better protection framework, in practice there are still various obstacles, such as low levels of legal awareness of PMI, weak government supervision, and overlapping regulations. The legal awareness of PMI tends to be at the level before the law or with the law, which means they still see the law as something that is far away and not always accessible. Therefore, efforts are needed to strengthen legal capacity, increase socialization, and more effective supervision to ensure that legal protection for PMI can be implemented optimally.

Pelindungan Hukum Terhadap Pekerja Rumah Tangga Yang Bekerja Di Luar Negeri Ditinjau Dari Undang - Undang Nomor 18 Tahun 2017 Dan Konvensi ILO 189 Tahun 2011

2025-11-28T01:40:25+00:00

Legal protection is defined as the recognition of the dignity, honour and human rights of legal subjects based on applicable legal provisions, covering both preventive and repressive aspects. This study specifically highlights the scope of legal protection for domestic workers, especially those working abroad. The crucial issue is the absence of specific laws that regulate and protect domestic workers, both at home and abroad, which results in domestic workers being vulnerable to exploitation and human rights violations. The research method used in this thesis is normative juridical. The main approach is the statute approach, reinforced by a conceptual and comparative approach. Data was collected through document/library studies (books, regulations, journals) and supported by interviews at BP2MI and PT. Wira Usaha Kreasi. This research is descriptive and analytical, linking existing regulations with relevant legal theories. The results of the study confirm that although domestic workers are much needed, they do not have adequate legal protection due to the absence of specific laws governing them, especially migrant domestic workers. This study emphasises the importance of government support in protecting the rights of domestic workers. The main recommendation is to pass the Draft Law (RUU) on Domestic Workers in accordance with the spirit of ILO Convention No. 189 on Decent Work. The government is encouraged to provide comprehensive social security and legal protection, as well as to impose strict sanctions on P3MI (Indonesian Migrant Worker Placement Companies) that neglect their responsibilities towards migrant domestic workers.

Analisis Pengaturan Pelindungan Pekerja Migran Indonesia (PMI) Perempuan Ilegal Korban Image-Based Sexual Abuse: Telaah Perspektif HAM dan Intersectionality Theory

2025-11-30T13:03:43+00:00

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.

Pelindungan Pekerja Rumah Tangga Migran Perempuan Berdasarkan Asas Keadilan dan Kesetaraan Gender

2025-11-30T13:18:02+00:00

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.

International Human Rights Law and Islamic Law Related To The Protection Of Migrant Workers In Indonesia In The Perspective Of Mashood A. Baderin

2025-12-13T01:42:56+00:00

One of the biggest contributors to foreign exchange in the country of Indonesia is Indonesian migrant workers, but often Indonesian migrant workers receive inhumane treatment. Therefore, this research aims to protect migrant workers related to human rights and Islamic law, more specifically the views of Mashood A. Baderin. There are two important questions in this research: first, how is the concept of international human rights law and Islamic law from the perspective of Mashood A. Baderin? Second, how is the idea of international human rights law and Islamic law, according to Mashood A. Baderin, and its relevance in protecting Indonesian migrant workers? This research uses normative and qualitative methods based on a literature study or library research. In contrast, the analysis method uses the content analysis method to explain the concept of international human rights law and Islamic law from the perspective of Mashood A. Baderin and its relevance in protecting Indonesian migrant workers. The results of this study are to first know the concept of international human rights law and Islamic law from the perspective of Mashood A. Baderin and to know the idea of international human rights law and Islamic law according to Mashood A. Baderin and its relevance in the protection of Indonesian migrant workers.

Kegagalan Sistem Pemidanaan dalam Memberi Efek Jera bagi Pelaku Eksploitasi Pekerja Migran

2025-10-17T03:13:37+00:00

The exploitation of Indonesian migrant workers (PMI) continues despite the enforcement of national regulations such as Law No. 21 of 2007 on the Eradication of Human Trafficking and Law No. 18 of 2017 on the Protection of Migrant Workers. The research question addressed is: why does the Indonesian penal system fail to deter the exploitation of migrant workers? This study employs a normative legal method, using statutory and case study approaches, particularly analyzing court decisions and human rights institution reports. The findings reveal that the ineffectiveness of criminal sanctions, weak implementation of restitution, and a dominant administrative approach in resolving exploitation cases are the main causes of the failure to achieve the objectives of punishment. Therefore, a reformulation of the penal approach is necessary, including harsher sentencing, an expansion of corporate criminal liability, and the integration of restorative justice principles to ensure real protection for migrant workers.

Analisis Penataan Kelembagaan KP2MI dan BP2MI Ditinjau dari Asas Hukum Administrasi Negara dan Prinsip Tata Kelola Pemerintahan yang Baik

2025-10-18T04:18:05+00:00

Indonesian Migrant Workers (PMI) make a significant contribution to the national economy but continue to face serious challenges in terms of legal and institutional protection. The institutional transformation from BNP2TKI to BP2MI, followed by the establishment of the Ministry for the Protection of Indonesian Migrant Workers (KP2MI) through Presidential Regulation (Perpres) No. 165 of 2024, and the simultaneous reissuance of Perpres No. 166 of 2024 reinstating BP2MI, has raised concerns about overlapping functions and legal uncertainty. This study uses a normative juridical approach to analyze the institutional design compatibility of KP2MI and BP2MI with the principles of administrative law and good governance. The findings indicate a duplication of functions that contradicts the principles of legality, bureaucratic efficiency, and public accountability. Overlapping authority undermines law enforcement and weakens the overall protection of migrant workers. This study recommends a comprehensive institutional restructuring, either through the revocation of Perpres 166/2024 or amendments to both regulations with a clear delineation of functions, and the implementation of transparency, accountability, and cross-sector coordination to establish more efficient and human rights-responsive governance in the protection of Indonesian migrant workers.

Analisis Hukum Jaminan Sosial Ketenagakerjaan Bagi Pekerja Migran Indonesia: Komparasi Indonesia dan Belanda

2025-11-27T07:51:31+00:00

Social Security for Employment is a form of protection for workers, including those employed domestically and Indonesian migrant workers. The Social Security for Employment program for Indonesian migrant workers covers Work Accident Insurance, Death Insurance, and Old Age Insurance. On the other hand, the Netherlands is one of the countries with the most comprehensive social security systems in Europe. Therefore, this study was written to analyze the regulations governing Social Security for Indonesian Migrant Workers within the national framework and to compare these regulations with those in the Netherlands. This research is a legal-normative study using a statutory approach, a conceptual approach, and a comparative approach. The results of this study indicate that the social security program for Indonesian migrant workers is deemed inadequate by the government in ensuring a decent standard of living for Indonesian migrant workers, as it lacks pension benefits and unemployment insurance. Meanwhile, when compared with the social security system in the Netherlands, Indonesia should consider adopting it, as it is perceived to provide greater protection for migrant workers.

Peran Negara dalam Pemberian Bantuan Hukum bagi PMI yang Terjerat Kasus Hukum di Luar Negeri (Studi Perbandingan antara Indonesia dan Filipina)

2025-11-28T06:31:36+00:00

Indonesian Migrant Workers (PMI) have long been a vital pillar of the national economy through their contributions as foreign exchange earners. However, several issues remain, particularly the lack of legal assistance for PMI involved in legal cases abroad, as well as the non-procedural status of some PMI, who are indirectly unrecognized and excluded from the scope of protection under the Indonesian Migrant Workers Protection. In contrast, the Philippines has a clearer legal assistance system that does not distinguish between the legal or illegal status of its workers. The issue that arises in this study is how Indonesia and the Philippines can provide legal assistance to their migrant workers who encounter legal problems abroad, as well as identifying the substance of regulations in the Philippines that can be applied in Indonesia. This research uses a normative legal method with conceptual, statutory, and comparative approaches. The results show that the Philippines outperforms Indonesia in three aspects: first, a more comprehensive concept of protection and social security; second, stronger and more inclusive legal protection and assistance for migrant workers; and third, more robust welfare and training support programs. Substantive models that can be adopted in Indonesia include the MWOFRC, LAMWA, and LAF.

Transformasi Instrumen Internasional dalam Pelindungan Pekerja Migran Perempuan dan Implikasinya terhadap Kebijakan Nasional

2025-11-30T13:11:26+00:00

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.

Relevansi Instrumen Hak Asasi Manusia Internasional Terhadap Pelindungan Hukum Pekerja Migran Perempuan Indonesia Di Negara Tujuan

2025-12-11T02:46:26+00:00

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 Pekerja Migran Perempuan di Sektor Domestik dalam Perspektif Feminist Legal Theory

2025-10-17T03:07:50+00:00

Women migrant workers in the domestic sector are the most vulnerable group in the labor structure, mainly due to the lack of formal recognition in national law and weak protection of their basic rights. In Indonesia, despite their significant economic contribution, existing regulations are still partial and do not address the substance of gender-based justice. This article analyzes legal protection for women migrant workers through a feminist legal theory approach to uncover structural inequalities and patriarchal biases in the labor law system. The research employs a normative method with a conceptual and legislative approach, as well as a systematic analysis of primary and secondary data. The results of the study show that domestic workers are still not recognized as subjects of formal employment relationships, leaving them trapped in private workspaces with minimal state oversight. A feminist approach is used to evaluate this injustice and recommend transformative legal reforms, including the ratification of ILO Convention No. 189 and the harmonization of national regulations based on gender justice to provide substantial and inclusive justice for women migrant workers.

Relevansi Hak Asasi Manusia dalam Pelindungan Pekerja Migran Indonesia

2025-10-17T03:22:40+00:00

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.

Disparitas Perlindungan Pekerja Migran di Tingkat Daerah: Analisis Hukum Administrasi atas Regulasi di Kuningan dan Indramayu

2025-10-18T04:24:16+00:00

This study originates from a fundamental problem of regulatory disparity in the protection of Indonesian Migrant Workers (PMI) at the regional level, which creates legal uncertainty and unequal protection across local jurisdictions. The case study focuses on Indramayu and Kuningan Regencies, which demonstrate significant differences in the exercise of regional government’s attributive authority. Indramayu has implemented this authority through Regional Regulation No. 3 of 2021 on the Protection of Indonesian Migrant Workers, while Kuningan has not yet established a similar regulation. The absence of a regional regulation in Kuningan has resulted in a legal vacuum, weak administrative protection, and potential violations of the principles of legality and equality before the law. Using a normative juridical approach with a comparative analysis of local regulatory substance and the concept of attributive authority in administrative law, this study reveals that such regulatory disparity reflects an administrative failure to fulfill the constitutional obligation of local governments to protect their citizens, particularly vulnerable groups. Therefore, harmonizing regional regulations is an urgent corrective measure to ensure equal, lawful, and accountable legal protection for migrant workers across all regions.

Menggagas Konsep Pelindungan Pekerja Rumah Tangga Migran Perempuan oleh Negara dalam Perspektif Islam

2025-11-28T06:27:23+00:00

The low number of job vacancies in Indonesia is inversely proportional to the large population, so the government has made efforts to solve this problem by sending Indonesian Migrant Workers abroad, one of which is Saudi Arabia. However, over time, many complaints from migrant workers related to the violence they received while working. To overcome this, the perspective of Islamic law is used because Saudi Arabia formally applies Islamic law. This research formulates two main problems: what is the status of female migrant domestic workers in the perspective of Islamic law, and what is the concept of protection by the state according to Islamic views. The method used is normative juridical research with secondary data in the form of primary and secondary legal materials through document and literature studies. The results of the study show that, first, Islam recognizes women's right to work as long as they maintain the values of sharia and safety. Second, in Islam, the state as a trustee (al-imāmah) is obliged to protect female migrant domestic workers.

Penguatan Kelembagaan dan Tata Kelola Pemerintahan dalam Pelindungan Hak Asasi Manusia Pekerja Migran Indonesia di Era Globalisasi

2025-11-30T13:06:15+00:00

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.

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)

2025-12-09T09:21:59+00:00

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.

Urgensi Transformasi Kurikulum Berbasis Artificial Intelligence Bagi Siswa Di Daerah Kantong Pekerja Migran Indonesia Menuju Zero Skill Mismatch

2025-12-13T01:45:16+00:00

Gaps in the protection of Indonesian migrant workers (PMI) in the pre-placement period. The fact that prospective migrant workers are increasing every year but are not supported by adequate and appropriate skills (Skill-Mismatch). The author has identified 6 factors that cause the ineffective protection of migrant workers that are not prepared to be strengthened during the pre-placement period, including: 1) Problem mindset 2) Discussion and communication obstacles 3) Mentality 4) Lack of understanding of labor law 5) Lack of cultural information about the country of placement and 6) Lack of financial and entrepreneurial literacy. The urgency of strengthening skills for CPMI students as ordered by the PMI Protection Law Number 18 of 2017 is important considering that the implementation of job training by the government through digital services or through government partners is currently not effective. Therefore, curriculum policy innovation is needed for CPMI students so that the above problems can be overcome as early as possible through learning according to skill needs so that CPMI students can receive longer, continuous and programmatic debriefing. This paper examines the gap in the protection of CPMI students during the pre-placement period and contributes thoughts related to the transformation of the AI- based curriculum towards zero skill-mismatch. This research method uses a type of normative law using a legislative approach and theories or expert opinions that are conceptual in nature that are integrated-interconnected. This paper explains that AI- based curriculum transformation requires multistakeholder collaboration. With an adaptive and predictive approach, AI can be a means of supporting skill strengthening for CPMI, in this case CPMI students in PMI enclaves in Indonesia

Ketidakseimbangan Regulasi Dan Realitas Dalam Penegakan Hukum Pekerja Migran Indonesia

2025-10-17T03:16:25+00:00

This study aims to analyze the imbalance between regulations and reality in law enforcement against Indonesian Migrant Workers. The problem formulation in this study is the legal regulations regarding migrant worker regulations in Indonesia and the implementation of legal regulations to the reality of law enforcement for migrant workers in Indonesia. The method used is normative juridical legal research with an approach to legislation and relevant literature. The results of the study indicate that although Law Number 18 of 2017 has provided a comprehensive legal protection framework for Indonesian Migrant Workers and the implementation of legal regulations to the reality of law enforcement for migrant workers in Indonesia, its implementation still faces major challenges. The main obstacles include weak coordination between agencies, minimal supervision, and limited protection for non-procedural Indonesian Migrant Workers. In addition, legal processes for violations such as human trafficking are often hampered by difficult to obtain evidence and logistical limitations.