¹Syafira Nur Rifa, ²Joko Setiyono

^1,2Faculty of Law, Diponegoro University, Semarang,

DOI : https://doi.org/10.47191/ijsshr/v8-i1-37

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ABSTRACT

The scarcity of job opportunities in the nation has driven many inhabitants try to seek employement abroad as migrant workers or foreign laborers. Legal protection for foreign laborers has been regulated in the ICMW and several national laws. This aims to ensure entitlements of foreign laborers and their relatives. However, in reality, violations of foreign laborers rights still occur. The case the author intends to analyze involves violence against Indonesian foreign laborers that took place in 2022. The research employs the normative legal method, incorporating both statutory and case approaches. The sources of legal materials used include primary legal materials in the form of basic legislation that are Law No. 6 of 2012 and Law No. 18 of 2017, ICMW, ILO, etc that are relevant to the material. In addition, secondary legal materials from (international) law books, scientific journals, research results, news from the internet, as well as tertiary materials such as legal dictionaries also support. As for the research results show that the international law policy on the legal protection of migrant workers have been well implemented, as evidenced by the presence of ICMW and the implementation of international law policy on the legal protection of migrant workers: a case study of violence against Indonesian migrant workers in Turkey have been well implemented, as evidenced by the presence of both international and national instruments. International instruments are regulated in the ICMW and Indonesian national law is regulated in Law No. 6 of 2012 and Law No. 8 of 2017. And for the resolution of acts of violence for Indonesian migrant workers has also been regulated in such a way in the Law No. 8 of 2017.

KEYWORDS:

International Law, Legal Protection, Migrant Workers.

REFERENCES
Books

1) Aust, Anthony, “Handbook of International Law”, (New York: Cambridge University Press, 2010).

2) Nasution, B.J., “Legal Science Research Methods”, (Bandung: Mandar Maju Publisher, 2008).

3) Parthiana, I Wayan, “International Treaty Law Part I”, (Bandung: Mandar Maju Publisher, 2002).

4) Pratomo, Eddy, “International Treaty Law (Definition, Legal Status, and Ratification)”, (Bandung: Publisher of PT Alumni Bandung, 2011).

5) Santoso, B., “Human Rights Insights in the Rule of Law”, Human Rights Seminar Paper, (Surakarta: FHUNS, 2001).

Journals

1) Florea, D., “Sovereign State The Classic Basic Subject of Public International Law”, The USV, Analyst of Economic and Public Administration University of Succava Romania, Volume 12, 2012.

2) Khuana, J R, “Regulation And Legal Protection Of State-Covered Migrant Workers In The Perspective Of International Law”, (Kertha Semaya Journal, Vol. 8 No. 8 Year 2020).

3) Martosoewignjo, S.S, “Reflection on Human Rights in Indonesia”, Workshop Paper on Humanitarian Law and Human Rights Law, (Yogyakarta: UGM-ICRC, 1998).

4) Rahardjo, Satjipto, “The Utilization of Legal Sociology to Understand Processes in the Context of Development and Globalization”, (Journal of Law, No. 7 Vol. 4 Year 1997).

Laws

1) Law Number 6 of 2012 on the Ratification of the International Convention On The Protection Of The Rights Of All Migrant Workers And Members Of Their Families

2) Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers

URL

1) International Convention on the Protection of the Rights All Migrant Workers and Members of Their Families; Art 1 Paragraph 1 of Law of the Republic of Indonesia Number 24 of 2000 Concerning International Agreements International, https://www.komisiinformasi.go.id/regulasi/download/id/138, 79. Accessed May 24, 2024.

2) UN Treaty Bodies Database, “The Ratification Status By Country”, https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=82&Lang=EN, Accessed on May 23, 2024 at 9:54 pm.

Volume 08 Issue 01 January 2025