scholarly journals 145 PELAKSANAAN PERLINDUNGAN HUKUM ATAS UPAH BAGI PEKERJA MIGRAN DI DAERAH ISTIMEWA YOGYAKARTA

2018 ◽  
Vol 1 (1) ◽  
pp. 145
Author(s):  
Wiwin Budi Pratiwi
Keyword(s):  
Data Analysis ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Legal Protection ◽  
Employment Agreement ◽  
Region Data ◽  
Qualitative Descriptive ◽  
The Right ◽  
Work Abroad ◽  
Special Region

Cases of Indonesian migrant workers who are not paid their pay or get pay that are not in accordance with the employment agreement still occur. BP3TKI Yogyakarta receives a complaint report from migrant workers who have returned to Indonesia related to unpaid wages. Therefore, a solution is needed to be able to give the right to wages for migrant workers. The purpose of this study was to analyze the implementation of legal protection for wages for Indonesian migrant workers in the Yogyakarta Special Region.The type of research used in this study is empirical juridical. The location of this research is in Yogyakarta Special Region. Data collection techniques in the form of interviews and document studies. Data analysis was carried out in a qualitative descriptive manner.The results of the study show that the fulfillment of the right to wages after migrant workers return to Indonesia has a problem in the settlement because the position of migrant workers has returned to Indonesia. Many cases occur only because Indonesian migrant workers, especially those from Yogyakarta Special Region, do not report to the BP3TKI Yogyakarta with the reason that they are reluctant to take care of and do not have confidence that their rights will be fulfilled. Cases of settlement of existing wages have been successfully resolved through mediation efforts between BP3TKI Yogyakarta and migrant workers / families of migrant workers and agents that channel migrant workers to work abroad. In addition to efforts through mediation, a method was also taken, namely with the BP3TKI Yogyakarta sending a letter of request for settlement assistance to the Indonesian Embassy. The Indonesian Embassy will mediate with the employer / company where the migrant worker works to fulfill the rights of the migrant worker who has returned to Indonesia.

scholarly journals LEGAL PROTECTION TO THE INDONESIAN MIGRANT WORKERS IN THE PERSPECTIVE OF HUMAN RIGHTS

2020 ◽  
Vol 7 (3) ◽  
pp. 130-137
Author(s):  
Raden Muhammad Mihardi
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Legal Protection ◽  
Legal Issue ◽  
Protection Of Human Rights ◽  
United Nations Convention ◽  
Work Abroad ◽  
The Ideal

Purpose of the study: This research aims to describe legal issue related to the protection to Indonesian migrant workers who work abroad and to analyze the existence of migrant workers in Indonesia, viewed from human rights which must get legal protection in constitution and regulation of legal norm and implementation in the applicable legislation. Methodology: This research used the normative research methodology supported by empirical data from the document of institutional study. Main Findings: Research about the protection of human rights in Indonesian Migrant Worker sector is a certainty. It is guaranteed in the international documents (Declaration of Human Rights in the United Nations, Convention of United Nations on Ecosoc and ILO Convention) and national documents (1945 Constitution and Law of Indonesian Migrant Worker Protection). However, in the perspective of its implementation, it has complexity. The protection to Indonesian migrant workers involves many parties, central and regional rules, and culture. This research focuses on the context of Indonesian Migrant Worker protection in a country where they work from the perspective of human rights. This research has novelty since it captures and analyzes issue of Indonesian Migrant Worker in rules and empirical terms based on the database. Applications of this study: this study can be useful for Immigration is one of the instruments to support unity of family with different nationality background. Novelty/Originality of this study: The new in this study that may find the ideal concept of the treasury of jurisprudence, particularly for foreign citizens who legally get married with Indonesian citizens and ex-Indonesian citizens and children born from legitimate mixed marriage with double citizenship.  

scholarly journals LEGAL PROTECTION OF INDONESIAN LABOR IN MANAGEMENT OF HOUSEHOLD OVERSEAS

2020 ◽  
Vol 6 (3) ◽  
Author(s):  
Arpangi Arpangi
Keyword(s):  
Migrant Workers ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Guidance And Counseling ◽  
Descriptive Research ◽  
Library Research ◽  
Qualitative Descriptive ◽  
The Government ◽  
Work Abroad ◽  
Very High

Protection of Indonesian Migrant Workers abroad is regulated in Act number 18 of 2017 concerning the Protection of Indonesian Migrant Workers. Many Indonesian workers work abroad due to the explosion of a very high population, which triggers very high unemployment. This research uses library research (qualitative research) and is a qualitative, descriptive analysis. Literature research, which examines the number of literature relevant to the problem of this writing. Data analysis used in this study is descriptive qualitative by analyzing data/information obtained through descriptive research with library research which is then systematically compiled and described qualitatively. Suggestions that can be delivered related to legal protection according to Law No.18 of 2017 is to increase the guidance and counseling for Indonesian Migrant Workers who will work so that the Indonesian Migrant Workers are ready to be deployed. Based on article 88 of Law No. 18 of 2017 then the government should create a body as mandated by Law No. 18 of 2017 so that the protection of Indonesian Migrant Workers abroad can run effectively

LEGAL PROTECTION FOR ILLEGAL INDONESIAN WORKER IN MALAYSIA

2021 ◽  
Vol 1 (4) ◽  
Author(s):  
Asnu Fayakun Arohmi
Keyword(s):  
Migrant Workers ◽  
Migrant Worker ◽  
Legal Protection ◽  
Legal Research ◽  
State Budget ◽  
Indonesian Government ◽  
Secondary Sources ◽  
The Law

This research examines the legal protection provided for illegal Indonesian workers in Malaysia and the obstacles to perform it. Malaysia are the largest number compared to another country in Asia in receiving migrant workers from Indonesia. In total there are 73.178 migrant workers. A large number of Indonesian migrant workers is caused by the lack of jobs vacancy in the country, so citizens look for a job abroad. The requirements to become Indonesian migrant workers are not easy, therefore many of them went abroad illegally. Illegal Indonesian workers often get inhuman treatment. Indonesian goverment should protect every citizen, even though they are illegal workers, since they are still Indonesian citizen. This paper is based on normative-empirical legal research with the data obtained from interviews, as well as from secondary sources provided in laws governing these matters, journals or from trusted sites of internet. The results of this study show that: first, the Law No. 18 of 2017 on Protection of Migrant Worker does not differentiate the protection for illegal and legal Indonesian migrant workers. Second, there are two obstacles faced by the Indonesian government: lack of data regarding the illegal Indonesian workers and lack of state budget to handle the protection of illegal Indonesian workers.

scholarly journals Marriage Function as Protection Rights Against Wife and Children Right in Polygamous Marriage

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 277
Author(s):  
Muhammad Madih ◽  
Munsharif Abdul Chalim
Keyword(s):  
Data Analysis ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Remedies ◽  
Polygamous Marriage ◽  
Marriage Contract ◽  
The Right ◽  
Husband And Wife ◽  
Laws And Regulations

Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.

scholarly journals SOSIALISASI UNDANG-UNDANG NO 18 TAHUN 2017 TENTANG PELINDUNGAN PEKERJA MIGRAN INDONESIA DI DESA BONJERUK KECAMATAN JONGGAT KABUPATEN LOMBOK TENGAH

2021 ◽  
Vol 4 (2) ◽  
pp. 334
Author(s):  
Lelisari Lelisari ◽  
Imawanto Imawanto ◽  
Hamdi Hamdi
Keyword(s):  
Migrant Workers ◽  
Migrant Worker ◽  
Sufficient Information ◽  
Youth Leaders ◽  
Village Community ◽  
Service Activity ◽  
Work Abroad ◽  
The Village ◽  
Clear Information

ABSTRAKUndang-Undang  No 18 tahun 2017 Tentang Pelindungan Pekerja Migran Indonesia (PMI) sangat penting dalam melindungi para PMI yang akan bekerja di Luar negeri. Dimana kita ketahui bahwa mayoritas pekerja migran berasal dari desa, namun selama ini desa nyaris tidak dilibatkan dalam pelindungan calon dan mantan pekerja migran. Padahal untuk memutuskan menjadi pekerja migran dibutuhkan kecukupan informasi dari sumber yang dapat dipertanggungjawabkan. Sejak adanya UU No 18 Tahun 2017, desa berperan dalam melindungi PMI dan keluarganya. Kegiatan pengabdian ini bertujuan memberikan pemahaman dan pengetahuan terhadap masyarakat desa Bonjeruk  dan aparat desa tentang pentingnya perlindungan terhadap PMI. Metode yang digunakan adalah sosialisasi Undang-Undang No 18 Tahun 2017 Tentang Pelindungan Pekerja Migran Indonesia. Adapun perwakilan yang hadir dalam kegiatan ini adalah aparat desa, Kepala Dusun, calon PMI, mantan PMI, Tokoh Pemuda. Hasil dari kegiatan ini adalah aparat desa dan masyarakat mengetahui dan mendapatkan informasi yang jelas tentang  aturan yang baru mengenai perlindungan pekerja migran Indonesia. Kata kunci: sosialisasi; PMI; perlindungan. ABSTRACTLaw No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers (PMI) is very important in protecting PMIs who will work abroad. Where we know that the majority of migrant workers come from villages, but so far the village has barely been involved in protecting prospective and former migrant workers. In fact, to decide to become a migrant worker requires sufficient information from an accountable source. Since the existence of Law No. 18 of 2017, villages have played a role in protecting PMI and their families. This service activity aims to provide understanding and knowledge to the Bonjeruk village community and village officials about the importance of protecting PMI. The method used is the socialization of Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers. The representatives who attended this activity were village officials, hamlet heads, PMI candidates, former PMIs, youth leaders. The result of this activity is that village officials and the community know and get clear information about the new regulations regarding the protection of Indonesian migrant workers. Keywords: socialization; PMI; protection. 

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 Legal Protection of Indonesian Migrant Workers (TKI) Overseas (Case Study of BP3TKI North Sumatera Province)

FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 19
Author(s):  
Vinna Dinda Kemala ◽  
Eny Kusdarini
Keyword(s):  
Migrant Workers ◽  
Legal Protection ◽  
Not Given ◽  
Protection Agency ◽  
High Unemployment Rate ◽  
Library Studies ◽  
Qualitative Descriptive ◽  
Main Factors ◽  
Descriptive Method

Efforts to deliver overseas labour are considered effective to reduce the high unemployment rate in Indonesia. However, the higher the labour interest that wants to become migrant workers, the more cases experienced by Indonesian Migrant Workers (Tenaga Kerja Indonesia or TKI) abroad such as violence, rape, and wages that are not given during work. The low level of education of migrant workers is considered to be one of the main factors of the violence experienced by TKI. Protection against TKI working abroad has been governed by law No. 18 of 2017 on the protection of Indonesian migrant workers. The Indonesian Manpower Placement and Protection Agency (BP3TKI) is one of three institutions responsible for protecting the TKI working overseas. The purpose of this research is to further the broader explanation of the legal protection of Indonesian migrant workers abroad, conducted by BP3TKI in North Sumatera province. The method used in this study is a qualitative descriptive method consisting of interviews, documentation, and library studies. The results of this study indicate BP3TKI has carried out its duties based on Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers. In carrying out its duties, there are several factors and obstacles faced by BP3TKI to provide maximum legal protection to Indonesian migrant workers.

Protection of the right to social security of the migrant worker in international law

2021 ◽  
Vol 8 (2) ◽  
pp. 104-148
Author(s):  
Kehinde Anifalaje
Keyword(s):  
Social Security ◽  
International Law ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Human Right ◽  
Number Of Factors ◽  
The Social ◽  
Domestic Legislation ◽  
The Right ◽  
International Instruments

The right to social security is recognised as a basic human right in a number of international instruments. While most nations give recognition to social security rights and generally enforce them within the dictates of domestic legislation to their nationals, the narrative is different for non-nationals, particularly the migrant worker. The article examines the measures that have been deployed at international and regional levels to protect the social security rights of migrant workers, with particular attention to the regular ones. It argues that a number of factors, including the doctrines of territoriality and nationality, account for the marginalisation of the migrant worker in the enforcement of these rights. Some migrant-specific international instruments and series of bilateral and multilateral agreements to overcome these perceived challenges are being hindered by the low number of ratifying countries and disparities in the design and level of development of schemes for specific branches of social security across countries. The article concludes that the social security right of the migrant worker would be enhanced if more countries ratify, domesticate and enforce relevant international instruments on the social security rights of the migrant worker and complement same by a much more coordinated bilateral and multilateral social security agreements.

scholarly journals UPAYA MENINGKATKAN KEAKTIFAN BELAJAR MAHASISWA PENDIDIKAN MATEMATIKA DENGAN PENDEKATAN PROBLEM POSING

2017 ◽  
Vol 8 (1) ◽  
pp. 52
Author(s):  
Syariful Fahmi
Keyword(s):  
Data Analysis ◽  
Computer Science ◽  
Problem Posing ◽  
Learning Approach ◽  
Research Activity ◽  
Introductory Computer Science ◽  
Research Activities ◽  
Qualitative Descriptive ◽  
The Right ◽  
Academic Year

Problems in learning introductory computer science which need urgent solution is the problem related with the students learning actinevess. Along with the approach of problem posing, problem solving efforts above got the right momentum. Learning approach used in this research is problem posing approach. The purpose of the research is to increase students’ learning activeness. This research activity involves two lecturers and 21 students in course of introduction of computer science at semester 4 academic year of 2015/2016. The data collected using the students activity sheet and analyzed in qualitative descriptive. Based on the results of data analysis it is known that the use of the problem posing approach can raise average students learning on the activeness of cycle 1 that included in the category of low and at cycle 2 is included in the category of middle. It means an increase in students’ learning activeness after organized research activities. Keywords: learning activeness, students creativity, problem posing approach

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