ILO Convenstions and Migrant Workers: Construction of Protection in National Labor Law

The International Labor Organization has clearly regulated that human rights such as the right to work must be upheld and guaranteed. Therefore, no one should be prevented from working to meet their needs, whether domestically or abroad. The most crucial factor is the state's ability to safegua...

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Main Authors: Shohib Muslim, Khrisna Hadiwinata, Rizqi Khoirunnisa, Shinta Hadiyantina, Zainal Amin Ayub
Format: Article
Language:Indonesian
Published: Universitas Islam Negeri Raden Fatah 2024-10-01
Series:Nurani
Subjects:
Online Access:https://jurnal.radenfatah.ac.id/index.php/Nurani/article/view/22152
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author Shohib Muslim
Khrisna Hadiwinata
Rizqi Khoirunnisa
Shinta Hadiyantina
Zainal Amin Ayub
author_facet Shohib Muslim
Khrisna Hadiwinata
Rizqi Khoirunnisa
Shinta Hadiyantina
Zainal Amin Ayub
author_sort Shohib Muslim
collection DOAJ
description The International Labor Organization has clearly regulated that human rights such as the right to work must be upheld and guaranteed. Therefore, no one should be prevented from working to meet their needs, whether domestically or abroad. The most crucial factor is the state's ability to safeguard its inhabitants, particularly those who work overseas, so that they can be treated with the respect and dignity befitting human beings. The private sector, represented by PTKIS, is given broad responsibilities by Law Number 18 of 2017 concerning the placement and protection of Indonesian workers abroad. However, Chapter VI of the law provides protection only during placement and does not include a comprehensive protection system. This study employs normative legal research using both a concept and statutory approaches. The study concludes that significant changes are required, including giving the government more authority to place and protect migrant workers. Up to now, there has been no clear definition of the extent or boundaries of this authority. It remains challenging to apply the development of legal frameworks and protections for migrant workers in line with the labour rights principles outlined in the ILO convention on the protection of all migratory workers to the issues encountered by workers overseas. The protection of migrant workers is frequently implemented in a fragmented and unsustainable way.
format Article
id doaj-art-9440e3516c794899ae811e6830cc2d1c
institution Kabale University
issn 1693-8437
2460-9102
language Indonesian
publishDate 2024-10-01
publisher Universitas Islam Negeri Raden Fatah
record_format Article
series Nurani
spelling doaj-art-9440e3516c794899ae811e6830cc2d1c2025-02-12T03:19:07ZindUniversitas Islam Negeri Raden FatahNurani1693-84372460-91022024-10-0124229731610.19109/nurani.v24i2.2215219187ILO Convenstions and Migrant Workers: Construction of Protection in National Labor LawShohib Muslim0Khrisna Hadiwinata1Rizqi Khoirunnisa2Shinta Hadiyantina3Zainal Amin Ayub4State Polytechnic of Malang, IndonesiaState Polytechnic of Malang, IndonesiaState Polytechnic of Malang, IndonesiaBrawijaya University, IndonesiaUniversiti Utara MalaysiaThe International Labor Organization has clearly regulated that human rights such as the right to work must be upheld and guaranteed. Therefore, no one should be prevented from working to meet their needs, whether domestically or abroad. The most crucial factor is the state's ability to safeguard its inhabitants, particularly those who work overseas, so that they can be treated with the respect and dignity befitting human beings. The private sector, represented by PTKIS, is given broad responsibilities by Law Number 18 of 2017 concerning the placement and protection of Indonesian workers abroad. However, Chapter VI of the law provides protection only during placement and does not include a comprehensive protection system. This study employs normative legal research using both a concept and statutory approaches. The study concludes that significant changes are required, including giving the government more authority to place and protect migrant workers. Up to now, there has been no clear definition of the extent or boundaries of this authority. It remains challenging to apply the development of legal frameworks and protections for migrant workers in line with the labour rights principles outlined in the ILO convention on the protection of all migratory workers to the issues encountered by workers overseas. The protection of migrant workers is frequently implemented in a fragmented and unsustainable way.https://jurnal.radenfatah.ac.id/index.php/Nurani/article/view/22152labor lawmigrant workersprotections
spellingShingle Shohib Muslim
Khrisna Hadiwinata
Rizqi Khoirunnisa
Shinta Hadiyantina
Zainal Amin Ayub
ILO Convenstions and Migrant Workers: Construction of Protection in National Labor Law
Nurani
labor law
migrant workers
protections
title ILO Convenstions and Migrant Workers: Construction of Protection in National Labor Law
title_full ILO Convenstions and Migrant Workers: Construction of Protection in National Labor Law
title_fullStr ILO Convenstions and Migrant Workers: Construction of Protection in National Labor Law
title_full_unstemmed ILO Convenstions and Migrant Workers: Construction of Protection in National Labor Law
title_short ILO Convenstions and Migrant Workers: Construction of Protection in National Labor Law
title_sort ilo convenstions and migrant workers construction of protection in national labor law
topic labor law
migrant workers
protections
url https://jurnal.radenfatah.ac.id/index.php/Nurani/article/view/22152
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AT khrisnahadiwinata iloconvenstionsandmigrantworkersconstructionofprotectioninnationallaborlaw
AT rizqikhoirunnisa iloconvenstionsandmigrantworkersconstructionofprotectioninnationallaborlaw
AT shintahadiyantina iloconvenstionsandmigrantworkersconstructionofprotectioninnationallaborlaw
AT zainalaminayub iloconvenstionsandmigrantworkersconstructionofprotectioninnationallaborlaw