Analysis of The Overlapping Potential Based on The Protection Aspects and Law Enforcement to Indonesian Migrant Workers

Abstract

Migrant worker is a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national. The number of migrant workers worldwide will continue to increase rapidly as long as the countries of origin are unable to provide jobs with decent wages. Meanwhile, in other countries (receiving countries), there are various jobs with higher wages than in the sending countries or the countries of origin of migrant workers. In this regard, the Government has issued regulations regarding migrant workers; one of which is Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers. However, there are still several obstacles in maximizing the protection of Indonesian migrant workers. In other hand, the goal of the State to protect all Indonesian citizens, both in the territory of Indonesia and outside the territory of Indonesia, is stated in the Constitution of the Republic of Indonesia which is regulated in Article 28A. Protection and Law Enforcement of Migrant Workers is felt to be overlapping, starting with the responsibility policies of the Central Government, the State Representative Institutions of the Republic of Indonesia abroad, Local Government, and even the private sectors. From here, the author wants to examine more deeply through a legal review that is formal legality using qualitative methods which are analytical and interpretive in nature to find a more humanist model of the protection to migrant workers.