ABSTRACT
The slow economic recovery in Indonesia resulting impact on people's lives, because unemployment is increasing, poverty increased, and jobs become harder to find. So many people who venture abroad as migrant workers, Although existing regulations governing human rights for workers, but in fact many violations that are inhumane along with a lot of problems that arise other so that the necessary legal protection for migrant workers is especially soon we will be faced with the ASEAN Economic Community by 2015. This study raised the issue, on How the legal protection provided by the Government of Indonesia for these migrant workers as well as the role of ASEAN in How to create a concept of legal protection to agree together and solving the problems of migrant workers in order to face the ASEAN Economic Community by 2015.
This study is a normative research where data collection is done by the method of literature, namely collecting, identifying, classifying, and analyzing data for later understanding, the listing or quoting of the data relating to research topic. Furthermore, the data was analyzed qualitatively and presented in a descrip- tive.
Keywords: Legal Protection, Migrant Workers, the ASEAN Economic Community by 2015. CHAPTER I INTRODUCTION 1.1 Background The issue of migrant workers in the scope of Indonesia and Southeast Asia regional scope is not something new, but it is an issue that is still actual. This is because the work has a very important meaning in human life so that every person in need of work. The job itself can be defined as a person's source of income to make ends meet for herself and her family. Therefore, the right to work is a fundamental right inherent in someone that must be upheld and respected. The meaning of the importance of the work for each person reflected in article 27 paragraph (2) of the Constitution of the Republic of Indonesia (the 1945 NRI Year 1945), which states that "every citizen of Indonesia has the right to work and a decent living for humanity". This is affirmed by the sound of article 23 of the Universal Declaration of Human Rights, which reads: (1) Everyone has the right to work, are entitled to free choice of employment, are entitled to the terms of the fair labor and profitable and are entitled to protection against unemployment. (2 ) Everyone, without any discrimination, has the right to equal pay for equal work. (3) Everyone who works is entitled to fair wages and benefits, which guarantees a dignified life for themselves and their families, and if necessary coupled with Other social protection. (4) Everyone has the right to form and enter the trade unions for the protection of his interests. Over time, the interest of citizen of Indonesia or Indonesian migrant workers to work abroad is increasingly rising. Increased interest is, on the one hand have a positive impact that is overcoming unemployment in the country, but has also the negative form of the risk of the possibility of treatment manuasiawi against migrant workers Indonesia. To anticipate things that are not desirable Indonesia to make efforts to protect citizens of the risk of inhumane treatment is to make arrangements in various legislations and policies such as a moratorium on sending workers abroad as well as to ratify the ILO Convention of 1990 on Protection of the Rights of All Migrant Workers and Members of Their Families by Law No. 6 Year 2012 on the Ratification of the International Convention On The Protection Of The Rights Of All Migrant Workers And Members Of Their Families (International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families). In article 23 of the convention states that "migrant workers and their family members are entitled to receive protection and assistance efforts for consular or diplomatic authorities of their country of origin or the State representing the interests of the State, if the rights recognized in this Convention are violated. Particularly in the case of expulsion, the person concerned must be informed of this right immediately and officials of the State which makes expulsion must facilitate the implementation of such rights ". So from the provisions of the migrant workers who work abroad and their family members can get legal protection from the government. However, the practice of holding penempataan migrant workers abroad, involving also the relations between countries, especially countries of destination placement of migrant workers, so that the policies and arrangements established by Indonesia can only reach the territorial jurisdiction of the Indonesian state, therefore the government Indonesian government can not act alone, so the need to involve the participation of the country of destination within the scope of bilateral relations and also within the scope of regional and multilateral, creating understanding that together based on the principle of mutual need of professionalism and economical in terms of the protection of migrant workers and also at the level of guaranteed protection of human rights of citizens who work abroad. Based on data from the National Agency for the Placement and Protection of Indonesian Workers (BNP2TKI), recorded in the period 2011 -2014 described in the following table: Table A.1: The placement of migrant workers from 2011-2014 No Year Amount Placement of TKI TKIs TKI Informal Formal%% 1. 2011 586.802 45 360 611 55 266 191 2 258 411 2 012 494 609 52 236 198 48 3 2 013 512 618 285 297 56 226 871 44 4 2 014 429 872 247 610 58 182 262 42 Negara Malaysia ranks first as destination countries of migrant workers, the number of 127 827 people countries or cities and others to be the destination of migrant workers, namely Taiwan, Saudi Arabia, United Arab Emirates, Hong Kong, Singapore, Qatar, South Korea, the United States and Brunei Darussalam. In addition BNP2TKI also released data on the problems of migrant workers were handled by the Ministry of Foreign Affairs is as follows : Table A.2 TKI problems are handled by the Ministry of Foreign Affairs TYPE OF TOTAL CASES CASE CASE CASE ENDS Employment (Salary, Work Accidents, the workload is too heavy, layoffs, etc.) 1,785 753 1,032 Immigration (overstayed, abuse of residence permits, etc.) 6,610 6191 419 Civil Cases (Divorce, Scramble child custody, etc.) 23 9 14 Violation of the Criminal Law (drugs, murder, robbery, TPPO, etc.) 816 243 573 Other (Missing contact, death, illness natural disasters and political unrest , etc.) 2,273 1,619 654 TOTAL 11 507 8815 2692 Issues-permasalahn their status based on data from BNP2TKI prevalent countries and cities, among others: Saudi Arabia, United Arab Emirates, Taiwan, Qatar, Singapore, Oman, Kuwait, Hong Kong, Malaysia, Syria, Brunei Darussalam, Bahrain, and South Korea. Based on the above data, within the scope of regional countries of Southeast Asia, the countries of Malaysia, Singapore and Brunei Darussalam are included in the top ten destination countries of migrant workers and also the problems that migrant workers that occurred in these countries are relatively many, namely in 2013, the problems of migrant workers in Singapore as many as 478 problems; malaysia many as 374 problems and Brunei Darussalam as many as 61 problems. Indonesia is not the only one sending countries of migrant workers in the scope of South-East Asia, but there are countries in Southeast Asia are also a sending country of migrant workers, among others; Laos, the Philippines, Thailand, Vietnam, Myanmar, Vietnam, Laos and Cambodia. The sending countries also put most migrant workers in Malaysia, Singapore, Brunei Darussalam and Thailand. The problems experienced by migrant workers from these countries generally similar to those experienced by workers. Examples of the problems of the most widely experienced by migrant workers from the Philippines, among others, salaries or late paid, salaries are paid less than agreed, passport retained by the Employer, sexual and physical abuse and others. From the problems described above, that the problems of migrant workers is not just a problem that a burden of sending countries in this regard, including Indonesia, but also a problem for the recipient country. Problems can be solved within the scope of bilateral ie between sending and receiving countries but would be more effective and have more power binding higher if completed within the scope of ASEAN, why it needs to be associated with ASEAN because of all ASEAN member countries into sending country once the recipient country laborers Migrants, so it is urgent to be solved jointly by all member states of ASEAN. It is solely intended to provide protection for migrant workers in order to avoid permsalahan that will arise in the future, be it problems arising from internal factors and external factors. Therefore, to coincide with the will holding of the ASEAN Economic Community 2015, then it becomes very interesting to study how the Indonesian legal instrument in providing legal protection for migrant workers, as well as the need to be investigated also how the role of ASEAN in creating a concept of legal protection to agree together and solve problems Bu
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