scholarly journals Strengthening Regulations In Protecting Indonesian Migrant Workers Before Departing to the Destination Country

2021 ◽  
Vol 5 (1) ◽  
pp. 41
Author(s):  
Rifqon Khairazi

The lack of employment opportunities and intense level of job competitiveness contribute to the increasing number of job seekers in Indonesia. By the availability of opportunities to work abroad, people choose to work as migrant workers. Fact reveals many legal problems faced by migrant workers, especially those who work as domestic workers in foreign countries. This study analyzes the reasons and legal issues that cause Indonesian migrant workers to experience many violations of their rights, particularly in the pre-departure period. It discusses the rights and protection for migrant workers as stipulated in relevant laws and regulations. This research applies a normative legal method, analyzing legal documents in statutory regulations and several supporting references related to migrant workers. The results revealed that the violations of Indonesian Migrant workers’ rights occurred due to the lack of implementation of before working (pre-departure) protection. Besides, numerous migrant workers departed without going through a departure mechanism as determined in Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers. Therefore, it is necessary to consider revising the current laws and regulations or strengthening them through implementing regulations.

Author(s):  
Vladimir Vasilevich Kukharuk

Based on the international legal documents, this article presents an extensive description of the concept of new psychoactive substances (NPS), their quantitative and qualitative composition, and relevant classification. The data is provided on the level of illicit drug trafficking, as well as circulation and consequences of their use trough injection in the Russian Federation in relation to other countries. The author discloses the content of measures applied to control illegal trafficking of NPS and criminal liability in accordance with the legislation of foreign countries (peculiarities, differences, classification). Comparative legal method allows reviewing the provisions of the Russian legislation on prevention of illegal trafficking of the new potentially dangerous psychoactive substances. Attention is turned to the problem of the ineffective norms in the Russian criminal law; the approaches towards of its resolution and prevention are proposed. Analysis is conducted on the legislative policy of the use of generally recognized international legal concepts under an alias and with different content, as well as its impact upon the quality and development of criminal legislation.


2019 ◽  
Vol 19 (2) ◽  
pp. 237-242
Author(s):  
Mareta Puri Rahastine ◽  
Silvina Mayasari ◽  
Natasha Sasmita

Indonesian Workers (TKI) are domestic workers who work abroad. TKI is the largest foreign exchange earner for Indonesia. For official migrant workers, they will receive employment training conducted at the Overseas Employment Training Center which is managed by Indonesian Manpower Services Distributors as their suppliers abroad. Since the height of the news about Human Trafficking / non-procedural human trafficking has become a special concern by the Indonesian government, various ways of prevention are carried out by the government together with related official institutions. The author uses descriptive-qualitative research method, which is done by direct observation and in-depth interviews with the parties concerned, and the data collected later on analysis by descriptive analysis by describing the results of research in the form of research reports. With the holding of campaigns by the government and related institutions such as that carried out by PT Indotama Karya Gemilang about understanding the importance of the procedural process for migrant workers, they can add their understanding of the process procedurally. 


Author(s):  
Fitranita Ibnu ◽  
Ngadi Ngadi ◽  
Ade Latifa ◽  
Bayu Setiawan

Indonesia is a sending country for international migrant workers, dominated by women. Most of them work as domestic workers that only require a low level of education. The economic reasons are the main factor that drives women in Indonesia to become migrant workers abroad. They find it difficult to work at home as the necessities of life continue to grow. In carrying out their work, women who are migrant workers are more vulnerable than men to various actions that violate human rights and various international agreements relating to migrant workers and employment contracts. This chapter raises the experience of Indonesian women who are migrant workers working abroad based on the feminist perspective. Some Indonesian women who are migrant workers experience violence, sexual harassment, unpaid salaries, do work that is not in accordance with the employment contract, and cannot perform worship in accordance with their religion. This chapter also highlights the consequences that Indonesian women who are migrant workers must face when leaving their families to work abroad.


2016 ◽  
Vol 44 (4-5) ◽  
pp. 485-515 ◽  
Author(s):  
Ellen Prusinski

Despite the well-publicised risks, millions of Indonesian women labour abroad as domestic workers, where they face significant risks. By offering community education and current information on migration, Indonesian non-governmental organisations (NGOs) attempt to mitigate these risks. Yet, interviews with migrant workers and NGOs reveal that rather than seeking out migration information from government or NGO sources, women instead rely on fate and the information they receive from the middlemen who are paid to recruit women for work abroad. This paper, which is based on ten months of fieldwork in Java, focuses on the centrality of fate in women’s migration narratives. This paper examines how women’s belief in fate helps them explain their position in the migration industry and their ability to control the outcomes of their migration decisions. In addition, this paper analyses why migration authorities take up the language of fate and the challenges this presents to education and activist projects.


2017 ◽  
Vol 11 (2) ◽  
pp. 120-137
Author(s):  
Sayid Abas ◽  
Rochmat Aldy Purnomo

Indonesia has a large population and potential of natural resources which is resulting in problems of human resources, natural resources, and environment. The high number of productive age also brings the problems of employment and unemployment. Moreover, education has not been able to guarantee the employment opportunities. The situation becomes ironic when people go abroad to looking for jobs without a sufficient skill. The researcher tries to give contribution towards the problem by explaining the importance of entrepreneurship. This descriptive research uses a qualitative approach. The sample is the Migrant Workers (TKI)  in Ponorogo Regency who get support from family to work abroad again. The migrant workers work abroad because of the economic needs. The migrant workers who have returned home, prefer to start being an entrepreneur than to work abroad again


2018 ◽  
Vol 20 (1) ◽  
pp. 163-182 ◽  
Author(s):  
Rizky Dian Bareta ◽  
Budi Ispriyarso

Ketimpangan antara angkatan kerja dan lapangan pekerjaan di Indonesia memaksa para pencari pekerjaan merambah lapangan pekerjaan di negara lain, namun Tenaga Kerja Indonesia di luar negeri mayoritas merupakan pekerja pada sektor-sektor dengan risiko tinggi. Negara seharusnya memberikan perlindungan secara menyeluruh kepada tenaga kerja di luar negeri mulai dari fase sebelum bekerja, selama bekerja, dan fase purna bekerja. Permasalahan dari perlindungan Tenaga Kerja Indonesia adalah bagaimana politik hukum Indonesia dalam perlindungan Tenaga Kerja Indonesia fase purna bekerja. Perbaikan secara menyeluruh dari instrumen politik hukum perlindungan Tenaga Kerja Indonesia diharapkan untuk mewujudkan target Pemerintah untuk Zero Tenaga Kerja Indonesia Pembantu Rumah Tangga dapat terwujud. Legal Politics Protection of Indonesian Migrant Workers in Full-Phase of Work The gap between workforces and jobs in Indonesia forces job seekers to look for job opportunities in other countries, but most of Indonesian migrant workers work on the high risk sectors. The state should provide comprehensive protection to migrant workers from the pre-work phase, during the work, and the full-work phase. The problem of the protection of Indonesian migrant workes is how Indonesian political law in the protection of migrant workers on the full-phase of work. The overall improvement on the instrument of legal political of protection of  Indonesian labor is expected to realize in order to achieve the government target for zero Indonesian migrant domestic workers.


Author(s):  
Philip Martin

Low-skilled migrant workers often pay high fees to work abroad, which reduces the remittances they can send to their families and is regressive because low-skilled workers pay more than high-skilled workers. No one knows exactly how much workers pay, justifying more data on this in order to reduce worker-paid costs. Media exposés of workers who paid a year’s foreign earnings to get a two-year contract may leave the impression that all workers pay such high fees, although the data collected from workers in diverse corridors do not support such a conclusion. Since the number of low-skilled workers often exceeds the number of jobs, worker willingness to pay can be a way of allocating scarce jobs among workers, although government efforts to limit what workers pay can drive payments underground.


2019 ◽  
Vol 84 (6) ◽  
pp. 983-1012 ◽  
Author(s):  
David S. Pedulla ◽  
Devah Pager

Racial disparities persist throughout the employment process, with African Americans experiencing significant barriers compared to whites. This article advances the understanding of racial labor market stratification by bringing new theoretical insights and original data to bear on the ways social networks shape racial disparities in employment opportunities. We develop and articulate two pathways through which networks may perpetuate racial inequality in the labor market: network access and network returns. In the first case, African American job seekers may receive fewer job leads through their social networks than white job seekers, limiting their access to employment opportunities. In the second case, black and white job seekers may utilize their social networks at similar rates, but their networks may differ in effectiveness. Our data, with detailed information about both job applications and job offers, provide the unique ability to adjudicate between these processes. We find evidence that black and white job seekers utilize their networks at similar rates, but network-based methods are less likely to lead to job offers for African Americans. We then theoretically develop and empirically test two mechanisms that may explain these differential returns: network placement and network mobilization. We conclude by discussing the implications of these findings for scholarship on racial stratification and social networks in the job search process.


2013 ◽  
Vol 62 (3) ◽  
pp. 599-627 ◽  
Author(s):  
Clíodhna Murphy

AbstractWhile the rights of domestic workers are expanding in international law, including through the adoption of the ILO Domestic Workers Convention in 2011, migrant domestic workers remain particularly vulnerable to employment-related abuse and exploitation. This article explores the intersection of the employment law and migration law regimes applicable to migrant domestic workers in the United Kingdom, France and Ireland. The article suggests that the precarious immigration status of many migrant domestic workers renders employment protections, such as they exist in each jurisdiction, largely illusory in practice for this group of workers. The labour standards contained in the Domestic Workers Convention, together with the recommendations of the UN Committee on Migrant Workers on the features of an appropriate immigration regime for migrant domestic workers, are identified as providing an alternative normative model for national regulatory frameworks.


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