The Kafala’s Work System and Its Impact on Human Rights Violation towards Indonesian Migrant Workers in Saudi Arabia

Abstract

Indonesia is still struggling to protect migrant workers in Saudi Arabia. In 2020, more than 60% cases
of Migrant workers happened. The recruitment process of Migrant workers in Saudi Arabia used
Kafala Work System. Then, this research aims to analyze the Kafala work system’s impact on human
rights violations toward Indonesian migrant workers in Saudi Arabia. There is a debate between the
kafala system and international law perspective regarding the rights of migrant workers. This is
interesting because the implementation of the kafala system that lacks state supervision is vulnerable
to human rights violations. The research used a qualitative analysis method and primary data sources
are interviews and secondary data through literature reviews from journals and relevant institutions.
Based on the analysis of the theory of Human Security, Migration, and Development. The study found
that the kafala system implemented by Saudi Arabia has similarities to the ancient culture of slavery
in the Arabian Peninsula. In addition, the factors that cause the kafala system to provoke rights are
explosive state policies, explosive working conditions, and explosive living conditions. This study
also found the fact that the kafala system was replaced with the sharia system, but the kafala practice
remained in it. In the end, the results of this study provide recommendations for policy reform and
strengthening the role of the state in sending migrant workers to Saudi Arabia as an effort to protect
migrant workers.