{"title":"印尼外来务工人员的法律保护模式","authors":"A. Widyawati","doi":"10.15294/JILS.V3I02.27557","DOIUrl":null,"url":null,"abstract":"The emergence of several large cases of migrant workers in Malaysia and Singapore as well as in several Middle Eastern countries, especially Saudi Arabia, made all the nation's components flinch. Many people argue that the problem occurs because of the low level of education of migrant workers. There are also those who say that this problem occurs because employers of Indonesian labor services companies (Pengerah Jasa Penyalur Tenaga Kerja Indonesia, PJTKI, now called Perusahaan Penyalur Tenaga Kerja Indonesia Swasta, PPTKIS) are not nationally minded and only pursue profit (profit-oriented). There were also those who argued that the cases of migrant workers occurred due to the inactivity of regulative and punitive functions of the Government of the Republic of Indonesia. Based on the background above, the problem can be formulated is how the urgency of legal protection for Indonesian migrant workers abroad and how the legal protection model for Indonesian migrant workers abroad. Research carried out at BP3TKI and the Semarang Manpower and Transmigration Office underlined that legal protection for Indonesian migrant workers abroad is very important. The urgency in legal protection due to fulfillment of the rights of victims who work legally abroad but also cannot be fully implemented properly, due to differences in legal systems with migrant workers recipient countries that do not necessarily want to protect the rights of migrant workers who experience treatment not please from their own citizens. The migrant workers who work illegally the government has not been able to fully protect the rights of victims who have experienced criminal acts. The legal protection model for migrant workers currently emphasizes the fulfillment of victims’ rights who work legally abroad, such as obtaining legal assistance from a local lawyer appointed by the ambassador of the Republic of Indonesia in the country receiving the migrant workers, mentoring by psychologists and clergy, bringing the families of victims, compensation, and insurance claims. And at the same time, for migrant workers who work illegally the government has not been able to fully protect the rights of the victims.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"17 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2018-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"6","resultStr":"{\"title\":\"Legal Protection Model for Indonesian Migrant Workers\",\"authors\":\"A. 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引用次数: 6
摘要
在马来西亚和新加坡以及几个中东国家,特别是沙特阿拉伯,出现了几起大规模的移民工人案件,使这个国家的所有组成部分都退缩了。许多人认为,这个问题的发生是因为农民工的教育水平低。也有人说,出现这种问题是因为印尼劳务公司(Pengerah Jasa Penyalur Tenaga Kerja Indonesia, PJTKI,现称为Perusahaan Penyalur Tenaga Kerja Indonesia Swasta, PPTKIS)的雇主没有民族意识,只追求利润(以利润为导向)。也有人争辩说,移徙工人案件的发生是由于印度尼西亚共和国政府没有发挥管制和惩罚职能。基于以上背景,可以制定的问题是如何对海外印尼农民工进行法律保护的紧迫性,以及如何对海外印尼农民工进行法律保护的模式。在BP3TKI和三宝垄人力和移民办公室进行的研究强调,对海外印度尼西亚移徙工人的法律保护非常重要。法律保护的迫切性是由于在国外合法工作的受害者权利的实现,但由于与移民工人接受国法律制度的差异,这些国家不一定想要保护遭受本国公民不满意待遇的移民工人的权利。对于非法打工的农民工,政府一直未能充分保护遭受犯罪行为的受害者的权利。目前对移工的法律保护模式强调实现在国外合法工作的受害者的权利,例如从印度尼西亚共和国驻移工接收国大使指定的当地律师那里获得法律援助,由心理学家和神职人员指导,带来受害者家属,赔偿和保险索赔。与此同时,对于非法工作的农民工,政府也未能充分保护受害者的权利。
Legal Protection Model for Indonesian Migrant Workers
The emergence of several large cases of migrant workers in Malaysia and Singapore as well as in several Middle Eastern countries, especially Saudi Arabia, made all the nation's components flinch. Many people argue that the problem occurs because of the low level of education of migrant workers. There are also those who say that this problem occurs because employers of Indonesian labor services companies (Pengerah Jasa Penyalur Tenaga Kerja Indonesia, PJTKI, now called Perusahaan Penyalur Tenaga Kerja Indonesia Swasta, PPTKIS) are not nationally minded and only pursue profit (profit-oriented). There were also those who argued that the cases of migrant workers occurred due to the inactivity of regulative and punitive functions of the Government of the Republic of Indonesia. Based on the background above, the problem can be formulated is how the urgency of legal protection for Indonesian migrant workers abroad and how the legal protection model for Indonesian migrant workers abroad. Research carried out at BP3TKI and the Semarang Manpower and Transmigration Office underlined that legal protection for Indonesian migrant workers abroad is very important. The urgency in legal protection due to fulfillment of the rights of victims who work legally abroad but also cannot be fully implemented properly, due to differences in legal systems with migrant workers recipient countries that do not necessarily want to protect the rights of migrant workers who experience treatment not please from their own citizens. The migrant workers who work illegally the government has not been able to fully protect the rights of victims who have experienced criminal acts. The legal protection model for migrant workers currently emphasizes the fulfillment of victims’ rights who work legally abroad, such as obtaining legal assistance from a local lawyer appointed by the ambassador of the Republic of Indonesia in the country receiving the migrant workers, mentoring by psychologists and clergy, bringing the families of victims, compensation, and insurance claims. And at the same time, for migrant workers who work illegally the government has not been able to fully protect the rights of the victims.