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

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.