Strengthening Regulation ASEAN Consensus 2017: A Case of Protection for Indonesian Migrant Worker

Abstract

Limited job opportunities and high job competition affect the number of job seekers in Indonesia. With the availability of jobs with guaranteed income abroad, people choose to work as migrant workers. The facts reveal that there have been several large cases of Indonesian Migrant Workers in Malaysia, Singapore and in several countries in Saudi Arabia due to the low level of education. Migrant workers face legal problems, especially those who work as domestic helpers for illegal migrants. This study will analyze the reasons and legal issues that cause Indonesian migrant workers to experience rights violations, especially before departure. The 2017 ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers 2017 which regulates the protection of migrant work, including illegal migrant workers. This study uses descriptive qualitative research methods by analyzing normative juridical law, analyzing legal documents in applicable laws and regulations and some literature related to migrant workers and using a single case study approach. The analysis technique used by the author is a pattern matching technique, namely matching data from information and evidence from previous research according to empirical data so as to strengthen the data analysis process. The results of the research in this paper are the first related to the violation of the rights of migrant workers in Indonesia, which is still minimal in the application of before departure protection, referring to the provisions of Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers. Second, Indonesia's cooperation with ASEAN countries in the 2017 ASEAN Consensus to resolve cases of illegal migrant workers through laws and regulations. Third, case studies of Indonesian migrant workers who have experienced criminal acts in the countries where they work.