The Dynamics of Indonesian Migrant Workers’ Problem (Regulation and Protection Based on Job Creation Law and International Civil Law)

DOI

10.2991/978-2-38476-046-6_74How to use a DOI?

Keywords

International Civil Law; Job Creation Law; Migrant Workers

Abstract

The high unemployment rate in Indonesia encourages people to choose as migrant workers or Pekerja Migran Indonesia (PMI). The government seeks to stimulate the domestic economy to provide new job opportunities in the community. Based on this situation, the Job Creation Law was drafted, which resulted in quite an ambitious economic policy package. However, this policy still reaps advantages and disadvantages, especially for PMI. In addition, PMI protection is also a problem if the employer experience legal issue on placement. Therefore, understanding international law, especially international civil law is required in solving problems and protecting PMIs. The problem in this research is, (1) how the omnibus law on job creation regulates the protection of PMIs. Is it better than the regulation in the previous law, namely Law Number 18 of 2017, concerning the protection of Indonesian migrant workers, and (2) how the regulation of International Civil Law can help various problems experienced by PMI while working abroad? The research method used is normative legal research. The research results illustrate that after the enactment of the Job Creation Law, the migrant workers’ protection, especially in the licensing sector, has undergone many changes. This is considering that all permits have been integrated into the labor sector. Thus, no overlapping authority exists for licensing manning agents in the labor and transportation sectors. The Job Creation Law has significantly impacted Indonesian Migrant Workers (PMI). The licensing process for PMI has become shorter than before. PMI protection is also strengthened by the arrangement based on international civil law known as technical assistance. PMI can provide technical assistance in the case of civil problems.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Ria Wierma Putri
AU  - Kasmawati
AU  - Naek Siregar
AU  - Yunita Maya Putri
PY  - 2023
DA  - 2023/05/02
TI  - The Dynamics of Indonesian Migrant Workers’ Problem (Regulation and Protection Based on Job Creation Law and International Civil Law)
BT  - Proceedings of the 3rd Universitas Lampung International Conference on Social Sciences (ULICoSS 2022)
PB  - Atlantis Press
SP  - 769
EP  - 777
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-046-6_74
DO  - 10.2991/978-2-38476-046-6_74
ID  - Putri2023
ER  -