Legal Protection of Indonesian Migrant Workers to Achieve the Principles of Decent Work and Economic Growth in SDGs

Authors

  • Defisa Djuanda University
  • Endeh Suhartini Djuanda University
  • Nurwati Djuanda University

DOI:

https://doi.org/10.22225/elg.6.2.11380.1-11

Keywords:

Decent work, Migrant workers, SDGs

Abstract

Poverty is a major challenge to development in Indonesia, with the number of poor people reaching 28.01 million in 2016. Economic inequality between rural and urban areas worsens the situation, so that employment opportunities, including through sending Indonesian Migrant Workers (PMI) abroad, are one of the important solutions. PMI, the majority of whom are women, contribute significantly to the country's foreign exchange through remittances of up to hundreds of trillions of rupiah per year. However, challenges such as discrimination, exploitation, violence, and limited legal protection are still serious problems. The Indonesian government has sought better protection through Law No. 18 of 2017, bilateral cooperation, and integration of decent work principles in accordance with SDG 8, which includes pre-placement education, legal protection, and international cooperation. This study employs a normative legal approach by analyzing relevant laws and regulations to evaluate their effectiveness in protecting PMI. Interviews with stakeholders, including policymakers and migrant workers, provide practical insights to complement the legal analysis. Secondary data, including statutory regulations, court decisions, and academic literature, are examined narratively to assess existing policies and their implementation. The results show that the legal protection model for PMI has not fully guaranteed their security and welfare. Regulatory revisions are needed to address the rampant cases of violence and exploitation. Implementation of the principle of decent work requires the active involvement of the government, non-governmental organizations, and destination countries. Socialization of workers' rights must be strengthened to empower migrant workers in fighting for their rights. To enhance migrant workers' safety and welfare, regulatory reforms are urgently needed to address persistent issues of violence and exploitation. Strengthening enforcement mechanisms and cross-border cooperation is crucial to ensuring legal protection. An integrated policy approach that involves government, civil society, and international stakeholders is imperative to create a more effective protection framework and maximize PMI's contributions to national development.

References

A, Sahputra. (2020). Differences in legal systems in the protection of Indonesian migrant workers. Journal of Human Rights, 23(4), 245–260.

Aeni, N. (2017). The existence of female migrant workers and the poverty profile of Pati Regency. Journal of Research and Development: Media Information for Research, Development and Science and Technology, 13(2), 139–148.

Aisyah, S., & Rahman, A. (2022). Socio-economic and demographic characteristics affecting migrant workers’ remittances. Journal of Economics and Management, 19(1), 1–14.

Arista, Y., Sardini, N. H., & Astuti, P. (2014). The role of MIGRANT CARE in advocating the interests of Indonesian migrant workers in 2014-2015. Journal of Politic and Government Studies, 6(3), 241–250.

B, Purnamasari, T., & Nugroho. (2021). The role of supervision of Indonesian migrant worker placement agencies abroad. Journal of Social and Political Sciences, 9(1), 45–58.

D, Rohimah. (2020). Employment contracts and transparency of Indonesian migrant workers’ rights abroad. Journal of Law and Business, 10(3), 210–222.

Fadillah, A. (2023). Digital literacy training for Indonesian migrant workers (PMI) in Hong Kong. Anugerah Journal, 5(1), 33–40.

Fushshilat, S. R., & Nurwati, N. (2021). Women’s empowerment: Effectiveness in reducing fertility. Humanitas Journal of Social Welfare Sciences, 3(2), 17–32.

Hidayat, I. D. (2021). Protection of Indonesian migrant workers by regional governments. Journal of Legal Studies, 10(1), 71–80.

Ikawati, E. (2023). ASEAN consensus on the protection and promotion of the rights of migrant workers: Ensuring human security and protection of female migrant workers. Journal of Foreign Relations, 8(1), 71–80.

Jatimiko, L. (2023). Health insurance protection for Indonesian migrant workers in the informal sector. The Prosecutor Law Review, 1(1), 119–151.

Jermy, R. (2020). Legal protection for Indonesian citizens abroad according to Law Number 37 of 1999 concerning foreign relations. Lex Et Societatis, 8(4).

Magenda, C. T. A. (2021). Legal protection for Indonesian migrant workers abroad in relation to diplomatic representative duties. Lex Administratum, 9(4).

Munasaroh, A. (2022). Problems of gender-based violence and achievement of gender equality in sustainable development goals in Indonesia. IJouGS: Indonesian Journal of Gender Studies, 3(1), 1–20.

Natalis, A., & Ispriyarso, B. (2018). Legal politics of protection of female migrant workers in Indonesia. Pandecta: Research Law Journal, 13(2), 109–123.

Noviasari, D. T., & Nurwati. (2019). Protection of disabled workers from a human rights perspective. Borobudur Law Review, 2(1), 16–29.

Purba, R. (2013). Legal protection of Indonesian migrant workers abroad based on Law No. 39 of 2004 concerning the placement and protection of Indonesian migrant workers abroad. Constitutum, 12(2).

Sigiro, A. N. (2020). Women migrant workers. Women’s Journal, 25(3), 4–6.

Suhartini, E., Melnia, N. F., Romadonna, P., & Ranggana, H. I. A. (2024). Analysis of the demographic bonus law on improving company employment relations. Journal of Equity of Law and Governance, 4(1), 1–18.

Suhartini, E., Zaini, M. F., Widjojanto, B., & Yumarni, A. (2023). Indonesian migrant workers after Job Creation Law: A challenging problem for protection welfare. Bestuur, 11(2), 271–289.

Sulistiyono, T. (2023). Model of government accountability for the protection of Indonesian migrant workers in China. *Law and Politics in Various Perspectives, 134–153.

Wijayanti, A. (2019). Initiating a fair labor law. Yanti (Ed.). Surabaya: CV Revka Prima Media.

Legal Document:

Government Regulation (PP) Number 59 of 2021 concerning the implementation of protection of Indonesian migrant workers.

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Published

2025-03-20

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