scholarly journals Legal Protection Model for Indonesian Migrant Workers

2018 ◽  
Vol 3 (02) ◽  
pp. 291-304
Author(s):  
Anis Widyawati
Keyword(s):  
Saudi Arabia ◽  
Migrant Workers ◽  
Middle Eastern ◽  
Legal Protection ◽  
Legal Assistance ◽  
Legal Systems ◽  
Level Of Education ◽  
Low Level ◽  
The Republic ◽  
The Government

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.

scholarly journals LEGAL PROTECTION ON INDONESIAN LABOR IN ABROAD

2018 ◽  
Vol 2 (1) ◽  
pp. 53
Author(s):  
Arpangi Arpangi
Keyword(s):  
International Law ◽  
Migrant Workers ◽  
Foreign Relations ◽  
Legal Protection ◽  
Foreign Minister ◽  
Active Role ◽  
Legal Aid ◽  
The Family ◽  
The Republic ◽  
The Government

The number of cases of migrant workers abroad need to establish protection which is able to overcome the problems or issues that have so far linked with the placement and protection of migrant workers, both before leaving for work and after returning to Indonesia. As stipulated in the Act no. 39 2004 Article 6 that the government is responsible for enhancing the protection of migrant workers abroad, so here takes an active role from the government on how to protect workers without pressure from other parties. In order to protect workers, it 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, it is not only the duty of the minister of labor alone, but also the duty of the foreign minister. This is in 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 and legal aid to citizens and legal entities abroad Indonesia in accordance with national legislation and international law and practice.

scholarly journals Penerapan Algoritma Naive Bayes pada Penentuan Kelayakan Calon Tenaga Kerja Indonesia

2019 ◽  
Vol 1 ◽  
pp. 771
Author(s):  
Winda Hana Purba ◽  
Poningsih Poningsih ◽  
Dedi Suhendro ◽  
Irfan Sudahri Damanik ◽  
Ilham Syahputra Saragih
Keyword(s):  
Unemployment Rate ◽  
Migrant Workers ◽  
Naive Bayes ◽  
Naïve Bayes ◽  
Bayes Method ◽  
Level Of Education ◽  
High Unemployment ◽  
Low Level ◽  
High Unemployment Rate ◽  
The Government

Indonesian Manpower is a potential that is a huge potential for the progress of the country. However, the difficulty of employment and the high unemployment rate in Indonesia requires that some people seek perfect employment abroad, in order to improve economic levels. The lack of selection resulted in many problems in the workforce, the low level of education of prospective migrant workers resulted in them having an easy risk on other party tricks, non-violence, unpaid salaries and so on. In accordance with what has been surveyed, it turns out that the sending of these workers is actually not feasible, given the level of education, skills and abilities that are lacking for employment abroad. This study aims to facilitate the government or companies engaged in the field to channel selected workers using the Naive Bayes Method.

Perlindungan Hukum Terhadap Hak-Hak Pekerja Migran : Studi Kasus Satinah Sebagai Mantan Tki Di Arab Saudi

2015 ◽  
Vol 5 (3) ◽  
pp. 38
Author(s):  
Rahma Kusuma Wardani ◽  
Endah Pujiastuti ◽  
Tri Mulyani
Keyword(s):  
Saudi Arabia ◽  
Case Studies ◽  
Death Penalty ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Purposive Sampling ◽  
The Government

<p>Berbagai kasus yang menimpa para pekerja migran Indonesia menunjukkan betapa rendahnya perlindungan hukum yang didapat oleh mereka. Padahal Pemerintah telah mengeluarkan berbagai kebijakan terkait dengan perlindungan pekerja migran. Hal inilah yang mendorong penulis untuk melakukan penelitian tentang Perlindungan Hukum Terhadap Hak-Hak Pekerja Migran : Studi  Kasus Satinah sebagai Mantan TKI di Arab Saudi. Penelitian ini bertujuan untuk mengetahui perlindungan hukum terhadap hak-hak pekerja migran dalam kasus Satinah, kendala dan upaya Pemerintah Indonesia mengatasi hak-hak pekerja migran dalam kasus Satinah. Metode pendekatan yang digunakan dalam penelitian ini adalah yuridis normatif, dengan tipe penelitian <em>deskriptif analitis</em>, sampel ditentukan dengan teknis <em>purposive sampling</em>, data yang digunakan adalah data sekunder dan data primer yang dikumpulkan melalui wawancara, pustakaan, dan obsevasi yang kemudian dianalisis secara kualitatif. Berdasarkan hasil penelitian dan pembahasan dapat disimpulkan bahwa perlindungan hukum terhadap hak-hak pekerja migran dalam kasus Satinah sudah dilakukan dengan cukup baik oleh Pemerintah Indonesia meskipun awalnya sangat terlambat dalam menangani kasus ini tapi semua itu dapat terbayarkan dengan keberhasilan dapat membebaskan Satinah dari hukuman mati berupa hukuman pancung. Kendala Pemerintah dalam kasus Satinah adalah hukum yang berbeda karena beda negara dan upaya Pemerintah dalam kasus Satinah adalah pengoptimalan pemenuhan hak-hak Satinah sebagai pekerja migran.</p><p> </p><p><em>Various cases involving Indonesian migrant workers shows how low the legal protection acquired by them. Though the Government has issued a number of policies related to the protection of migrant workers. This has led the authors to conduct research on the Legal Protection of the Rights of Migrant Workers' Rights: Case Studies Satinah as a former migrant worker in Saudi Arabia. This study aims to determine the legal protection of the rights of migrant workers in the case</em><em> of</em><em> Satinah, constraints and the Indonesian Government's efforts to overcome the rights of migrant workers in Satinah.</em><em> </em><em>Met</em><em>hod of </em><em>approach used in this </em><em>research </em><em>is </em><em>juridical </em><em>normative, with the type of </em><em>research is descriptive analytical</em><em>, the sample is determined by technical purposive sampling, the data used is secondary data and primary data were collected through interviews, the library, and the observation is then analyzed qualitatively. Based on the results of research and discussion can be concluded that the legal protection of the rights of migrant workers in the case Satinah</em><em> have</em><em> done quite well by the Government of Indonesia although initially very late in dealing with this case but it can be paid off with the success can free Satinah of the death penalty as a punishment beheaded. Government constraints in the case Satinah are different laws for different countries and efforts of the Government in the case Satinah is optimization Satinah fulfillment of the rights of migrant workers.</em><em></em></p>

scholarly journals Perlindungan Hukum terhadap Anak Diluar Perkawinan bagi Tenaga Kerja Wanita di Kabupaten Cianjur

2020 ◽  
Vol 4 (1) ◽  
pp. 39-54
Author(s):  
Hazar Kusmayanti ◽  
Agus Mulya Karsona
Keyword(s):  
Women Workers ◽  
Migrant Workers ◽  
Child Protection ◽  
Legal Protection ◽  
Research Approach ◽  
Female Workers ◽  
Illegitimate Child ◽  
The Government ◽  
Role Of The Government

Protection of female workers  in Cianjur District is indeed necessary, especially when working abroad. One of the problems is when there are many migrant workers who give birth to children out of wedlock and return to Indonesia without their husband. The purpose of this study was to determine the legal protection illegitimate child born by Women Workers in Cianjur Regency and to know the role of the government to cope with unmarried children born by Women Workers in Cianjur District. The study was analytical descriptive with the method of this research approach through normative juridical. The results of the study found that legal protection for illegitimate child  born by Indonesian Female Workers in Cianjur has a regulation protecting it, namely Article 28 of the 1945 Constitution, Law No. 35 of 2014 concerning Child Protection, Article 43 paragraph (1) of the Marriage Law and Constitutional Court Decision No. 46 / PUU-VIII / 2010. The role of the government in protecting extramarital children born by Indonesian Workers in Cianjur, West Java is not optimal. The role of the village government is very helpful for women migrant workers, namely finding companies that will send their citizens. Whereas illegitimate child born by migrant workers can be protected one of them by smoothing all administrative processes for these children such as issuing a free birth certificate.

scholarly journals Initiating the Community Economic Improvement through Intellectual Property Registration of “Robusta Pinogu Coffee”

2018 ◽  
Vol 4 (1) ◽  
pp. 103
Author(s):  
Ibrahim Ahmad ◽  
Hasbir Paserangi
Keyword(s):  
Legal Protection ◽  
International Markets ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Good Reputation ◽  
Property Registration ◽  
The Republic ◽  
The Government ◽  
Empirical Approaches ◽  
Economic Improvement

Robusta Pinogu coffee was well known in both domestic and international markets, with production centers located in Pinogu subdistrict, Bone Bolango Regency, Gorontalo Province, Indonesia. It has unique flavor quality and good reputation in local, national and international markets. Its reputation tends to be counterfeited by irresponsible parties, which would harm producers and consumers of Robusta Pinogu coffee. Related to that, then “Masyarakat Indikasi Geografis Kopi Robusta Pinogu Bone Bolango” (MIG-KRPBB) be aware the need to have geographical indications for Robusta Pinogu coffee. Therefore, MIG-KRPBB submits for registration of geographical indication of Robusta Pinogu coffee to the Government of the Republic of Indonesia through the Ministry of Justice and Human Rights of the Republic of Indonesia based on the prevailing laws and regulations. This research was conducted in Bone Bolango Regency, Gorontalo Province. It is a legal research by using normative and empirical approaches. The results show that the Robusta Pinogu coffee in the market will be more secure than counterfeiting by parties who are not entitled to use the mark of Geographical Indication of Robusta Pinogu Coffee. however, it is expected to realize legal protection in the form of registration of geographical indication of Robusta Pinogu coffee for coffee farmer community so as to increase their economic level.

scholarly journals MODEL PERLINDUNGAN HUKUM INTEGRATIF BURUH MIGRAN INDONESIA DALAM MASYARAKAT EKONOMI ASEAN

2018 ◽  
Vol 10 (2) ◽  
Author(s):  
Abdul Rasyid Saliman ◽  
E. Vita Mutiarawati
Keyword(s):  
Trade Union ◽  
Migrant Workers ◽  
Industrial Relation ◽  
Migrant Worker ◽  
Legal Protection ◽  
Foreign Workers ◽  
Government Officials ◽  
Cooperation Agreement ◽  
Labor Contract ◽  
The Government

The effort of providing protection for all Indonesian migrant workers abroad is focused on two categories. Firstly, the phase of pre-departure of Indonesian migrant workers in which an approach of cross sectors is carried out by both the Indonesian government and the private agencies in order to prepare them with all the things needed when they arrive at countries of their destination. Secondly is the phase of arrival and post-arrival of Indonesian migrant workers abroad. As in Malaysia, the policy on the arragenment of labor affairs either for Malaysian workers or for foreign workers is officially and legally protected in Labor Act of 1955, Industrial Relation Act of 1967, Trade Union Act of 1959, and in Compensation Act of 1952. The process of labor trials is settled through The Labor Court. This Labor Court no more handles the process of trial of illegally foreign workers. There are needs of establishing Labor Cooperation Agreement (LCA) on the ministerail level, Implementaion Agreement serving as the general policy on the executors level as well as Standardized Labor Contract which has been amended. The establishments of Labor Cooperation Agreement, Implementing Agreement and Standardized Labor Contract should occur before all workers leave Indonesia and are aimed at providing legal protection for every single Indonesian migrant worker. In order that there is no collision between the Malaysian laws and Indonesian laws, the government officials of related issues of both countries must do observations and conduct discussions without neglecting the prevail laws of each country. Any issue of labor affairs should always be referred to the laws of both countries.

scholarly journals PERLINDUNGAN HUKUM PEKERJA MIGRAN PENATA LAKSANA RUMAH TANGGA (PLRT) DI LUAR NEGERI OLEH NEGARA DITINJAU DARI KONSEP TANGGUNG JAWAB NEGARA

2017 ◽  
Vol 4 (2) ◽  
Author(s):  
Koesrianti
Keyword(s):  
Migrant Workers ◽  
Domestic Work ◽  
Legal Protection ◽  
Domestic Workers ◽  
State Responsibility ◽  
Vulnerable Group ◽  
Unfair Treatment ◽  
National Jurisdiction ◽  
The Government ◽  
Migrant Domestic Workers

<p align="center"><strong><em>Abstract</em></strong></p><p><em>This research discusses the legal protection of migrant workers, especially, women migrant domestic workers. Due to the nature and characteristic of domestic work, the migrant domestic workers are subject to violence, abuses, discrimination and unfair treatment when they are in destination countries. The most vulnerable group among migrant workers is women migrant domestic workers because they are women. Accordingly, the government and the stakeholders should give protection to the women migrant domestic workers regardless their status (legal or illegal) as they are stay beyond national jurisdiction of sending state.</em></p><p><strong><em>Keywords: </em></strong><em>legal protection, Migrant workers, domestic, state responsibility.</em></p><p align="center"><strong>Abstrak</strong></p><p>Penelitian ini mengkaji bentuk-bentuk perlindungan hukum yang diberikan kepada pekerja migran PLRT di luar negeri. Pekerja migran PLRT karena karakteristiknya merupakan kelompok yang sangat rentan terhadap perlakuan <em>abuse</em>, diskriminatif, dan ketidak-adilan ketika bekerja di luar negeri. Kelompok paling rentan diantara pekerja migrant adalah TKW PLRT karena keperempuannya. Konsep tanggung jawab Negara mengharuskan pemerintah memberikan perlindungan kepada TKI terlepas dari status mereka, baik legal atau illegal karena mereka berada diluar yurisdiksi Negara pengirim</p><p><strong>Kata Kunci: </strong>Perlindungan hukum, TKI, PLRT, Tanggung Jawab Negara.</p>

scholarly journals Legal Protection of Female Journalists over Gender Inequality during the Covid-19 Pandemic

2021 ◽  
Vol 5 (2) ◽  
pp. 123-136
Author(s):  
Vena Lidya Khairunnisa ◽  
Mochammad Ilham Nurrobby
Keyword(s):  
Gender Inequality ◽  
Legal Protection ◽  
Political Interests ◽  
Female Journalists ◽  
The Media ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
And Gender ◽  
Research Type

The purpose of this study was to find out the legal problems experienced by female journalists over gender inequality during the Covid-19 pandemic and to find out the legal protections to overcome these problems. The type of research used is a normative legal research type with an invitation approach and a historical approach. The findings in this paper are, during the Covid-19 pandemic, gender inequality towards female journalists has increased. It is still very rare for people to raise issues related to gender inequality experienced by female journalists. Examples of problems with a gender perspective in the media are the lack of involvement for women in journalism activities, marginalization and subordination positions for women in various fields, legitimacy regarding gender bias, dominating economic and political interests, regulations on media that are not sensitive to gender and between conventional journalism and gender. equality. The government in Indonesia officially adheres to the principle of equality as regulated in Article 27 of the 1945 Constitution of the Republic of Indonesia which states that all Indonesian citizens are equal before the law. Therefore, journalists must be able to enjoy gender and legal protection for the gender inequality they experience. It is necessary to reconstruct the law, considering that women have the same position as men in terms of their position, rights and obligations so that they have equal opportunities in various fields.

scholarly journals PERLINDUNGAN HUKUM KONSUMEN PENGGUNA PRODUK MASKER SHISEIDO YANG MENGGUNAKAN BAHASA ASING (STUDI TERHADAP KEMASAN SHISEIDO DALAM BAHASA JEPANG DI WILAYAH TANGERANG)

2019 ◽  
Vol 1 (2) ◽  
pp. 929
Author(s):  
Rini Yarti ◽  
A.M Tri Anggraini
Keyword(s):  
Foreign Language ◽  
Legal Protection ◽  
Cosmetic Products ◽  
Product Packaging ◽  
Trade Regulation ◽  
Traditional Markets ◽  
Role Of The State ◽  
The Republic ◽  
The Government

An imported product to be traded into the territory of Indonesia must include an Indonesian language label in accordance with established regulations, the regulation is regulated in Article 2 paragraph (1) of the Minister of Trade Regulation of the Republic of Indonesia Number 73 / M-DAG / PER / 9/2015 concerning Label Inclusion In Indonesian in Goods. Every product introduced to consumers must be accompanied by correct information. This information is needed so that consumers do not have a wrong picture of the product. This information can be submitted in various ways, one of which is by including an Indonesian translation label on the foreign language label listed on the product packaging. Information on product packaging labels is very necessary for the community so that each individual can correctly determine the choice before buying and consuming the product. In fact there are still many producers who are not responsible for selling cosmetic products that do not meet the requirements. Cosmetic products that do not meet these requirements can be found easily in malls, in traditional markets, or through the internet. The role of the state in this case the government is needed to protect consumers from the circulation of products that do not meet the requirements. So legal protection for consumers is needed to increase awareness of the rights as consumers.

scholarly journals Perlindungan Hukum Terhadap Hak Masyarakat Dalam Perjanjian Kerjasama Perkebunan Kelapa Sawit

2019 ◽  
Vol 2 (2) ◽  
pp. 175
Author(s):  
Hamdan Siregar
Keyword(s):  
Rule Of Law ◽  
Oil Palm ◽  
Legal Protection ◽  
Cooperation Agreement ◽  
The Rule Of Law ◽  
Oil Palm Plantation ◽  
Public Property ◽  
The Republic ◽  
The Government ◽  
The Right

The State of the Republic of Indonesia is a legal state which is contained in Article 1 Paragraph (3) of the 1945 Constitution, in the rule of law, the power in running the Government based on the rule of law, in Indonesia there have been many cooperation agreements in the field of plantation, in the establishment of plantation based on the principle legal certainty to protect the parties in the cooperation agreement between BUMD and PT.MTL where in the plantation management agreement is not running smoothly, causing conflict between the community with PT.MTL party. Based on the above issues, what is the legal relationship between the parties in the oil palm plantation cooperation agreement, how is the legal effect on the community rights in the oil palm plantation cooperation agreement, how is the legal protection of the community within the palm oil plantation agreement. This research is juridical sociological with the nature of research is descriptive analytical. Processing is done by editing and then analyzed by using qualitative analysis methode. From the result of the research, it can be concluded that (1) the occurrence of civil relation between the parties based on the cooperation agreement between BUMD and PT.MTL and letter of land delivery between the community and BUMD (2) due to law on community land in this cooperation agreement the transition of rights, from public property rights to State land. (3) the absence of legal protection of community land that has been submitted to the BUMD to be granted the Right to Use Enterprises

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