The Equal Migrant Labor Distribution through Indonesia Labor Law Policy in ASEAN Economic Community Framework

2020 ◽  
Vol 11 (2) ◽  
pp. 334
Author(s):  
Emilia Fitriana DEWI ◽  
Agus MULYA ◽  
An CHANDRAWULAN ◽  
Yani PUJIWATI ◽  
Achmad GHAZALI ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Migrant Workers ◽  
Central Government ◽  
Migrant Labor ◽  
Economic Community ◽  
Labor Laws ◽  
Criminal Sanctions ◽  
Asean Economic Community ◽  
Administrative Sanctions ◽  
Desk Research

The ASEAN Economic Community (AEC) currently requires diverse economic agreements and laws across the region because it moves in a robust multilateral connection based on political, industry, welfares, services, and especially migrant workers. Indonesia, as the largest provider of migrant workers, should have been prepared to deal with the cases of migrant workers. There is a need to build up consensus and appropriate Indonesian labor laws, such as the establishment of multi-partite bodies for purposes of recognition in the ASEAN Economic Community. Thus, this paper attempts to analyze the current existing labor laws in Indonesia. External desk research was employed in this study as the methodology. The results found that the several laws do not meet the needs of the Protection of Indonesian Migrant Workers concerning the Placement and Protection of Indonesian Workers Abroad. There has not yet provided proportional tasks and authority between the Central Government, Regional Governments, and the private sector. The implementation of the Protection of Indonesian Migrant Workers requires strict supervision and law enforcement. The supervision including protection before work, during work, and after work, and law enforcement should accommodate the administrative sanctions and criminal sanctions.  

scholarly journals Perbandingan Yurisdiksi Mahkamah Pidana Internasional dengan Pengadilan HAM

2019 ◽  
Vol 1 (2) ◽  
pp. 109-120
Author(s):  
Danel Aditia Situngkir
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Research Method ◽  
The State ◽  
Community Research ◽  
Labor Rights ◽  
Economic Community ◽  
Legal Research ◽  
Research Problems ◽  
Asean Economic Community

Penelitian ini bertujuan untuk menganalisis yurisdiksi Pengadilan Pidana Internasional dengan Pengadilan HAM Indonesia. Masalah penelitian Bagaimana yurisdiksi dibandingkan dengan pengadilan kriminal internasional dan pengadilan HAM di Indonesia? dan Apa Peluang untuk Pengenaan Yurisdiksi Pengadilan Pidana Internasional di Indonesia? Metode penelitian menggunakan penelitian yuridis normatif. Hasil penelitian menunjukkan bahwa perbandingan yurisdiksi Pengadilan Pidana Internasional dan Pengadilan Hak Asasi Manusia dapat dilihat dari yurisdiksi pidana, pribadi, temporal dan teritorial. Indonesia bukan negara pihak dan bukan negara yang menerima yurisdiksi Mahkamah Pidana Internasional. Meski begitu, Yurisdiksi Mahkamah Pidana Internasional dapat diterapkan di Indonesia mengingat perbedaan yurisdiksi pidana kedua pengadilan tersebut, karena ada 2 (dua) kejahatan yaitu kejahatan perang dan kejahatan agresi yang tidak diatur dalam Pengadilan HAM Indonesia. , jika ada situasi di Indonesia yang dirujuk oleh Dewan PBB dan keamanan Indonesia dianggap tidak mau dan tidak dapat membawa para pelaku kejahatan untuk diadili di pengadilan. This study aims to analyze the protection of labor rights in this case Indonesian migrant workers abroad within the framework of the ASEAN Economic Community and Law no. 18 of 2017 concerning Protection of Indonesian Migrant Workers' labor rights within the framework of the ASEAN Economic Community. Research problems, First, What is the Form of Protection for Indonesian Migrant Workers, Second, What is the Form of Legal Efforts for Indonesian Migrant Workers who are disadvantaged? The research method uses socio-legal research by observing the ASEAN Declaration of Human Rights and Law No. 18 of 2017, as well as other Indonesian Laws and Regulations. The results showed that the Protection of Indonesian Migrant Workers (PMI) is all efforts to protect the interests of prospective PMI and their families in realizing guaranteed fulfillment of rights in all their activities. The author will analyze the issue of the extent to which the state protects labor rights in this case Indonesian migrant workers abroad within the framework of the ASEAN Economic Community and Law No. 18 of 2017 concerning Protection of Indonesian Migrant Workers.

scholarly journals Aspek Hukum dalam Penyelenggaraan Bisnis Perhotelan

2020 ◽  
Vol 20 (3) ◽  
pp. 1033
Author(s):  
Hernawati RAS ◽  
Dani Durahman
Keyword(s):  
Law Enforcement ◽  
Environmental Law ◽  
National Development ◽  
Environmental Issues ◽  
Law Reform ◽  
Legal Certainty ◽  
Criminal Sanctions ◽  
Consumer Rights ◽  
Hospitality Business ◽  
Administrative Sanctions

The development of the law as part of a national development known as law reform is carried out thoroughly and integratedly. The hospitality business is growing rapidly as the economy develops, within the restrictions on the scope of the Hotel's business, there is a legal device that regulates the permit and protection of consumers. Hospitality businesses that do not have amdal permits Environmental law enforcement can be done by sanctioning administrative sanctions. Administrative sanctions, settlement of environmental issues outside the court and even criminal sanctions have been stipulated in Law No. 32 of 2009. The aspect of protection to Hospitality Consumers must be in accordance with the provisions of Law No. 8 of 1999, hospitality business must provide legal certainty in providing protection to consumers where currently there are still many hotels that do not provide information about consumer rights and obligations and the development of social responsibility (social responsebility). 

scholarly journals Pekerja Migran Indonesia dalam Konstelasi Pasar Tenaga Kerja di Era Masyarakat Ekonomi ASEAN

2019 ◽  
Author(s):  
Achmad Zulfikar
Keyword(s):  
Labor Market ◽  
Migrant Workers ◽  
Economic Community ◽  
Security Issues ◽  
Detailed Explanation ◽  
Asean Economic Community

Naskah ini merupakan bagian dari buku Bunga Rampai Isu-Isu Keamanan Non-Tradisional di Indonesia. Naskah ini mengurai bagaimana pekerja migran Indonesia dapat berdaya saing dalam konstelasi pasar tenaga kerja di era masyarakat ekonomi ASEAN yang telah mulai berlaku sejak 31 Desember 2015. Pembahasan terbagi ke dalam tiga bagian yakni pertama, menjelaskan kondisi pekerja migran Indonesia meliputi: statistik dan kebijakan, kedua menguraikan pekerja migran Indonesia dalam masyarakat ekonomi ASEAN meliputi: agenda ketenagakerjaan di ASEAN dan respon pemerintah terhadap MRAs, dan ketiga pekerja migran Indonesia dalam konstelasi pasar tenaga kerja di era MEA. Temukan penjelasannya lebih mendalam dalam tulisan ini, selamat membaca. ---This manuscript is part of the book Anthology of the Non-Traditional Security Issues in Indonesia. This article describes how Indonesian migrant workers can be competitive in the labor market constellation in the era of the ASEAN economic community which has come into force on December, 31 2015. The discussion is divided into three parts, first, explaining the conditions of Indonesian migrant workers including: statistics and policies, second describes Indonesian migrant workers in the ASEAN economic community including: the employment agenda in ASEAN and the Indonesian government's response to MRAs, and third Indonesian migrant workers in the labor market constellation in the AEC era. You can find more detailed explanation in this article, happy reading.

scholarly journals Aspek Hukum Pidana Warga Negara Asing Ke Negara Kesatuan Republik Indonesia Tanpa Melalui Pemeriksaan Pejabat Imigrasi (Studi Putusan No: 1474/Pid.Sus/2016/PN. Mdn)

2019 ◽  
Vol 1 (2) ◽  
pp. 143-149
Author(s):  
Rama Sari Atiwiz Purba ◽  
Ridho Mubarak ◽  
Rafiqi Rafiqi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Government Regulation ◽  
Legal Action ◽  
Foreign Nationals ◽  
Criminal Sanctions ◽  
Library Research ◽  
Criminal Offenses ◽  
The Republic ◽  
Administrative Sanctions

Immigration is a form of legal action that is marked by the arrival or presence of foreigners in the territory of the Republic of Indonesia and the departure of Indonesian citizens to the territory of other countries by using or not having immigration travel documents. The method of this research is normative juridical, which is using Library Research. Legal arrangements regarding foreign nationals to Indonesia without going through immigration official inspection are outlined in Article 8 and Article 9 of Law No. 6 of 2011 concerning Immigration and also in Article 3, Article 20 and Article 21 of Government Regulation Number 31 of 2013 concerning Regulations for the Implementation of Law Number 6 of 2011 concerning Immigration and Minister of Law and Human Rights Regulation of the Republic of Indonesia Number 8 of 2014 concerning Passports Ordinary And Travel Letters Like Passports. Law enforcement against criminal offenses of Foreign Citizens to Indonesia without going through the examination of immigration officials then the perpetrators may be subject to administrative sanctions and criminal sanctions, the perpetrators who enter the territory of Indonesia without going through immigration officials have violated Article 113 of Law No. 6 of 2011 concerning immigration and sentenced to six months imprisonment

scholarly journals Perlindungan Hak Buruh Dalam Kerangka Masyarakat Ekonomi ASEAN

2019 ◽  
Vol 1 (2) ◽  
pp. 121-127
Author(s):  
Posma Ramos Sitompul
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Research Method ◽  
The State ◽  
Community Research ◽  
Labor Rights ◽  
Economic Community ◽  
Legal Research ◽  
Research Problems ◽  
Asean Economic Community

Penelitian ini bertujuan untuk menganalisis perlindungan hak buruh dalam hal ini Pekerja Migran Indonesia di luar negeri dalam kerangka Masyarakat Ekonomi ASEAN dan UU No. 18 tahun 2017 tentang Perlindungan Pekerja Migran Indonesia hak buruh dalam kerangka masyarakat Ekonomi ASEAN. Permasalahan penelitian, Pertama, Bagaimanakah Bentuk Perlindungan Terhadap Pekerja Migran Indonesia, Kedua, Bagaimanakah Bentuk Upaya Hukum Pekerja Migran Indonesia yang dirugikan? Metode penelitian menggunakan penelitian Sosio-Legal dengan mengamati dokumen Deklarasi Hak Asasi Manusia ASEAN dan Undang Undang No. 18 tahun 2017, serta Peraturan Perundang-undangan Indonesia lainnya. Hasil penelitian menunjukkan bahwa Perlindungan Pekerja Migran Indonesia (PMI) adalah segala upaya untuk melindungi kepentingan calon PMI dan keluarganya dalam mewujudkan terjaminnya pemenuhan hak dalam keseluruhan kegiatannya. Penulis akan menganalisis permasalahan sejauhmana negara melindungi hak buruh dalam hal ini Pekerja Migran Indonesia di luar negeri dalam kerangka Masyarakat Ekonomi ASEAN dan UU No. 18 tahun 2017 tentang Perlindungan Pekerja Migran Indonesia. This study aims to analyze the protection of labor rights in this case Indonesian migrant workers abroad within the framework of the ASEAN Economic Community and Law no. 18 of 2017 concerning Protection of Indonesian Migrant Workers' labor rights within the framework of the ASEAN Economic Community. Research problems, First, What is the Form of Protection for Indonesian Migrant Workers, Second, What is the Form of Legal Efforts for Indonesian Migrant Workers who are disadvantaged? The research method uses socio-legal research by observing the ASEAN Declaration of Human Rights and Law No. 18 of 2017, as well as other Indonesian Laws and Regulations. The results showed that the Protection of Indonesian Migrant Workers (PMI) is all efforts to protect the interests of prospective PMI and their families in realizing guaranteed fulfillment of rights in all their activities. The author will analyze the issue of the extent to which the state protects labor rights in this case Indonesian migrant workers abroad within the framework of the ASEAN Economic Community and Law No. 18 of 2017 concerning Protection of Indonesian Migrant Workers.

scholarly journals Free Movement of Skilled Labor Within the Asean Economic Community

2018 ◽  
Vol 6 (2) ◽  
pp. 192-208
Author(s):  
Mita Adhisti
Keyword(s):  
Migrant Workers ◽  
Social Protection ◽  
Skills Training ◽  
The Philippines ◽  
Labor Policy ◽  
Free Movement ◽  
Skilled Labor ◽  
Economic Community ◽  
Wage Rates ◽  
Asean Economic Community

This study discusses how the free movement of skilled labor policy under the ASEAN Economic Community (AEC) scenario enhances opportunities for labor mobility from low-skilled labor countries, what challenges will be faced, and how this policy impacts their economies. The implementation of the AEC’s free movement of skilled labor policy is projected to face challenges such as mismatched labor qualifications, fulfilling ASEAN commitment, time for implementation of ASEAN commitments, and controlling the flow of illegal migrant workers. However, ASEAN leaders already set some supporting policies to overcome challenges from this system by improving labor market information, encouraging language and skills training, managing government and public supports, expanding mutual recognition arrangements and enhancing social protection for migrant workers. If these supporting policies can be implemented, the AEC’s free movement of skilled labor policy will improve the quality of human resources in ASEAN, especially from lower-middle income countries including Indonesia, Cambodia, Laos, Vietnam, the Philippines, and Thailand. As the results, those six countries are expected to increase the high-skilled employment rates by 0.3 to 1.4 percent and the wage rates up to 10-20 percent in 2025. Thus, the projected increases in the employment and wage rates of ASEAN skilled labor will induce an expansion of the ASEAN economic growth to 7.1 percent in 2025.

scholarly journals Mapping the Position of Indonesian Migrant Workers towards ASEAN Economic Community 2015

2017 ◽  
Author(s):  
Achmad Zulfikar
Keyword(s):  
Migrant Workers ◽  
Swot Analysis ◽  
Social Progress ◽  
Economic Community ◽  
Formal Sector ◽  
Asean Member ◽  
Market Opportunities ◽  
The Government ◽  
Political Security ◽  
Asean Economic Community

ASEAN Community in 2015 with three pillars, namely ASEAN Political Security Community (APSC), ASEAN Economic Community (AEC) and ASEAN Socio-Cultural Community (ASCC) is a consensus among ASEAN member countries in an effort to realize the objectives of the establishment of this organization to accelerate economic development, social progress and developments in the region as well as the triumph of promoting peace and stability in the region. In order to win the ASEAN Community, Indonesia as one of the ASEAN member countries should prepare. Furthermore, this paper aims to mapping the position of Indonesian migrant workers ahead of the AEC 2015. This study used a descriptive method that enables researchers to conduct the relationship between variables, testing hypotheses, develop generalizations, and developed a theory that has universal validity. Mapping results of this study based on the results of SWOT analysis showed that the strength of the migrant workers are a large number of labor force, followed by the ASEAN labor market opportunities are very promising and employment opportunities in the formal sector are open wide, while the weakness of migrant workers still in the dominance of unskilled migrant workers and government data are not yet accountable. Threat to the migrant workers are undocumented and illegal and torture in the destination country. Implications for Indonesia ahead of the AEC that the government is expected to take advantage of opportunities AEC in earnest in preparing a skilled workforce Indonesia, mainly in 8 sectors of the profession. The government also should take anticipatory measures to protect the rights of Indonesian workers in their own country to fight for the national interests, as well as adjust to tougher competition with other ASEAN member countries.

scholarly journals Human teeth as a reliable age marker: A study on migrant labour population

2021 ◽  
Vol 8 (3) ◽  
pp. 185-190
Author(s):  
Anupama J Anand ◽  
Anand Shankar
Keyword(s):  
Child Labor ◽  
Migrant Workers ◽  
Unique Feature ◽  
Cranial Bone ◽  
Migrant Labor ◽  
Labor Laws ◽  
Human Teeth ◽  
Heat Temperature ◽  
Demirjian Method

Age is one among the factors which is supposed to be identified in establishing identity of an unknown or deceased person. It is found to be more reliable and accurate to determine the age of a person. The determination of age can be achieved from various physical markers present in body, this includes teeth, bones, and skull. There is certain age where the long bones tend to complete their growth, the growth of skull is well marked by the time of order of their suture closures. A well-developed cranial bone depicts that it is intersected with a suture. besides the bone and skull another reliable physical marker is the human teeth, teeth is considered to be the hardest tissue in humans which is not affected by the factors such as heat, temperature, moisture etc. it is an effective identifier in cases of mass disaster where it is practically impossible to determine the identity of the person through the bones available from the crime site. Teeth is a very important factor to determine the age in disputed cases. Since the age can be estimated even from skeletal remains, teeth are preferred for estimation in certain cases as it is considered to be one among the hardest tissues of the human body. Teeth has got a very unique feature as it cannot be destroyed by heat or any thermal factors or other environmental factors. This property of the teeth has to be effectively utilized for age estimation. The following study was conducted on migrant workers working on a peeling company, the purpose behind the study is to determine whether all the workers have 18 years of age and to ensure that no or none of them are working below the age of 18. There are certain cases reporting that some of these workers have found committing impersonating forgery claiming to be above 18 years of age. The study is specifically to find the age of workers by examining the teeth and also to find if any forgery is done or not. This study was also done to check whether labor laws has been violated or not in accordance with the Constitution of India, no child below the age fourteen years of age shall be employed to work in any factory or mine or engaged in any other hazardous employment, therefore employment of a child under the age of 14 years is punishable by law (child labor prohibition and regulation act of 2012). The need of the study arises from this very fact that the proof of age is not an authenticated document. With repeated reports of forgery regarding the proof of age, submitting ration card as proof of age. And in the wake of current scenarios to ensure that no child is exploited in any kind of ways. The study was done on migrant labor population working in a factory and the estimation is carried out using the Demirjian method along with Acharya’s India specific value and the probable age of the respondents are calculated.

scholarly journals Penegakan Hukum Terhadap Pelanggaran Protokol Kesehatan yang Dilakukan Masyarakat Pada Masa Pandemi Covid-19 di Kota Ambon

SASI ◽  
2021 ◽  
Vol 27 (2) ◽  
pp. 230
Author(s):  
Sherly Adam ◽  
Reimon Supusepa ◽  
Jacob Hattu ◽  
Iqbal Taufik
Keyword(s):  
Law Enforcement ◽  
Qualitative Analysis ◽  
Conceptual Analysis ◽  
Large Scale ◽  
Descriptive Study ◽  
Deterrent Effect ◽  
Community Activities ◽  
Criminal Sanctions ◽  
Social Sanctions ◽  
Administrative Sanctions

This study aims: 1. To determine and analyze law enforcement against violations of health protocols during the Covid-19 pandemic in Ambon City. 2. To find out and analyze the application of sanctions for violations of health protocols committed by the community during the Covid-19 pandemic in Ambon City. This research was conducted using a normative juridical research using a statutory approach, a conceptual analysis approach which is a descriptive study of qualitative analysis. The results of this study indicate that Law Enforcement against violations of health protocols during the Covid 19 pandemic in Ambon City is carried out based on statutory regulations, by limiting Community Activities (PKM), Large-Scale Social Restrictions (PSBB) as a form of law enforcement against health protocol violations. during the Covid 19 pandemic in Ambon City through socialization in preventing the spread of the Covid 19 virus and Large-Scale Social Restrictions (PSBB) by applying sanctions against offenders. However, law enforcement against violations of health protocols has not been carried out properly. This is due to the fact that health protocol violations are still occurring in Ambon city. 2. Imposing sanctions for violations of health protocols during the COVID-19 pandemic in Ambon city which is regulated in the Ambon City Mayor's Regulation on PSBB by applying written warning sanctions, administrative sanctions, social sanctions and criminal sanctions to violators. However, the application of sanctions against violators has not provided a deterrent effect on health protocol violators.

scholarly journals Comparative Study of Legal Protection for Migrant Workers In Participation Of Social Security Programs In Indonesia And Singapore

2020 ◽  
Vol 28 (1) ◽  
Author(s):  
Putri Nur Hidayah
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Migrant Workers ◽  
Research Method ◽  
Legal Protection ◽  
Universal Declaration ◽  
Economic Community ◽  
The Social ◽  
Social Security Programs ◽  
Asean Economic Community

Social security is one of the basic rights of workers both local and migrant workers as stated on Art. 25 Universal Declaration of Human Rights. The enactment of single markets and production based in the era of ASEAN Economic Community inevitably brings migrant workers particularly in Indonesia and Singapore. This must be in line with a proper legal instruments to protect migrant workers’ rights in a social security participation. This study aims to compare on how Indonesia and Singapore provide legal protection to migrant workers in the social security participation and what social security programs that can be followed in both countries. The research method used is a normative research method with a statute approach. The result of the study shows that Indonesia has provided protection for migrant workers the same way as local workers as stated on Art. 22 Universal Declaration of Human Rights, whereas Singapore only provides the social security to local workers. Migrant workers get the protection through other ways, namely insurance and bilateral/multilateral agreements. For the social security programs followed by migrant workers, both Indonesia and Singapore do not provide the programs related to what has been regulated on Art. 25 Universal Declaration of Human Rights.

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