Indonesian Migrants Workers Legality toward The Progressive Law
Djoko Heroe Soewono, Gentur Cahyo Setiono, Pamadya Vitasmoro
Fakultas Hukum, Universitas Kadiri, Kediri, Indonesia
Keywords: Law, Protection, Migrant Workers, Progressive.
Abstract: The law not only works procedurally, but also substantive law idea for giving the guarantee of protection
right for migrant workers. All this time, the law works in aspect before and after the workers in Indonesia.
The law does not give the workers the protection from the progressive law perspective if there is a law case.
The discussion is used Sociologist Juridis Perspective. Can law give the protection for migrant workers?
The progressive law is needed to achieve the justice.
1 INTRODUCTION
Based on the rules of 28D article (1) UUD 1945
states: everyone has a right for recognition, of
citizen, protection, and the justice law and the same
treatment of law. Next, in article (2) UUD 1945,
states everyone has a right to get a job and get the
salary and also get a fair treatment and worthy
between the college. The right of job can be gotten
from the work giving individually and
institutionally, including the business in state and
overseas. During getting the job, it must pay
attention to the expertise and skill to keep the
profession standardization and the productivity,
besides giving the aspiration in salary or proper
salary of workers (Jimlly Asshiddiqie, 2002).
The profession quality is needed for the workers
whose wants to get a job in overseas. Besides getting
the experience, also changing the status of social and
economic for family. That is why the expertise is
important, besides the credibility of overseas
country. It will bring the Indonesian name in the
word, especially in the country destination (Asikin
and Wahab, 2004).
The country must not keep silent toward the
citizen whose want to get a job overseas (Mukhtie,
2011). The country is obliged to give the legal
protection as the form of citizen’s protection, while
the regulation as the base, namely law no 39, 2004
about the replacement and protection is not suitable
with the needed of protection and management of
labor. So, based on this case, the regulation about
the protection and management of labor is needed,
namely the law no 18 in 2017 about the Indonesian
Migrant Labor Protection article 33b, Jo. article 34
law No. 13 in 2003 about Labor, the law no. 6 in
2012 about International Conventional about the
right protection for all labor and the family.
Indonesia, as law country must pay attention to
take the law as society service, especially for
migrant workers from human trafficking, slavery,
forced labor, the victims of violence, and
arbitrariness. The law must be placed as the migrant
workers’ protection in the law certainty, justice and
expediency (Marzuki, 2005).
The law process is influenced many factors,
namely rule of law, law enforcer, and relicenses and
society obedience of the law. The rules of law are
the way of vehicle order in building dynamic society
building, making the humanity truth, making the
balance between the right and obligation and giving
benefit in society building and renewal (Mahfud,
2013).
During the process of establishment and society
renewal, the human must think comprehensively,
namely the understanding toward the feedback
among the law, economy, and social. Based on this
case, the law can be used as the function, namely
law as the means of establishment and society
renewal which must be obey as law supreme.
Soetandyo Wignjosoebroto states that law supreme
is the way to place the law as the highest position to
protect all society without any intervention,
including by the host country (Qomar, 2016).
The existence of labor law, especially the law
no. 18 in 2017, in manage the condition and
protection Indonesian labor in abroad which
managed by the law no 39 in 2004. The cancelation
and statement of this agreement, so all the
management of migrant worker system and the
family will manage in the law of no 18 in 2017,
500
Soewono, D., Setiono, G. and Vitasmoro, P.
Indonesian Migrants Workers Legality toward The Progressive Law.
In Proceedings of the Annual Conference on Social Sciences and Humanities (ANCOSH 2018) - Revitalization of Local Wisdom in Global and Competitive Era, pages 500-502
ISBN: 978-989-758-343-8
Copyright © 2018 by SCITEPRESS – Science and Technology Publications, Lda. All rights reserved

because the old regulation is not suitable with the
needed of Indonesian migrant workers.
2 PROBLEM FORMULATION
Can the law give the protection for migrant workers
during them works with the memorandum?
3 THE OBJECTIVE
Understanding the purpose of the law and law
enforcement in giving migrant workers’s protection
during get a job in others country.
4 METHODS
This research used juridical and sociologist as the
focus to think, analyze, and understand the law
effectively or ineffectively in giving protection
toward the migrant workers by suing qualitative
method.
5 RESULT AND DISCUSSION
Based on the rules of fasal 33b, Jo. Pasal 34 Law
No. 13 Tahun 2003, Jo. fasal 7 Law No.18 in 2017,
stated that the Indonesian migrant’s workers
protection including before departure, as the
document consists of legal place, job qualifications,
it stated the protection of the Indonesian migrant
workers including the departure, such as the
document which consists of legality of job
replacement, job requirements, social guarantee, the
college supervision, social guarantee, departure, the
supervising of collage and prospective employers,
which has potential to break the rules and
administrative, did not meet the substantial of job
agreement which has potential to break the
administrative treatment, namely out of job
memorandum, such as the migrant workers finished
their job based on the memorandum, and the
workers went back home (Indonesia) (Djumadi,
2004). It has potential to break the law.
Based on the issue about migrant workers
problem because of migrant disturbance of job giver,
inaccurate report from the company of Indonesian
workers got a job (Hans, 1945).
During this time, the Indonesia law works in the
normative positive circle to get the justify and the
certainty, and it tends to play in procedural jastice
system, namely the motion of justice by process
written justice without knowing the fast society
moving. Especially migrant workers in overseas,
such as Malaysia, Taiwan, Hongkong, Singapura,
and Brunai) they get a job with job contract. The
Indonesian law only can be done for the migrants
before they got departure and after they came back
to his country. Here, the facilities are given the
country such as mediation, avocation, and facilities
from the advocate from Central Government and or
Indonesian Government candidate, based on the law.
The step of the country in giving law protection
for Indonesian migrant worker still cannot give
pressure. It is not only in conventional law standard,
but also considered another aspect (non-law). It is
important to be considered if the law got the dead-
end such as politic borrowing, social and economics
approach. Here, the law must be able to serve
dynamic society needed when it’s applied in empiric
world.
Law progressive in giving law protection for
migrant workers needs the other science
participation such as politic, social, economics, and
several negotiate technique and moralist to realize
college and job giver to be consistence in obeying
job agreement during the migrant works in authority
of job givers (Hadjon, 2005).
Here, when the law cannot help the migrant
workers, so the politic by diplomatic ways has a big
role to solve the work agreement, especially about
the right of workers whose unfinished based on the
work agreement (Johnny, 2006). The coordination
between PPTKI agency, job workers and diplomatic
candidate as the solution must be established. But,
there is another case who’s become the disturbance
and become the main problem for government as
individual worker independent management, illegal
workers, and on the job training workers.
6 CONCLUSIONS
The law still works in procedural jastice system and
the agreement of placement and job replacement and
job mutual did not give the significant job
protection, so there is a problem toward the problem
of Indonesian migrant workers. The additional
article in replacement agreement and mutual
cooperation can give the right solution as the law
protection guarantee for the Indonesian migrant
workers.
Indonesian Migrants Workers Legality toward The Progressive Law
501

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