Migration is a basic right for every human being. Migration for work is the most common situation. Many Indonesian workers work abroad and experience problems. The focus of this research is the ideal form of human rights-based legal protection for Indonesian Migrant Workers (PMI) and their family members.
“This research is guided by a post-positivism paradigm which is based on three basic questions, namely ontology, epistemology, and methodology. The research method uses a qualitative type by collecting data by triangulation obtained from various sources and various data collection techniques simultaneously,” said Elfia.
He further said that the research approach used is a socio-legal research approach which combines doctrinal legal studies with social studies to find regulations related to PMI protection, then conduct social research to find accuracy and truth. The results show that the legal protection of the rights of PMI and their family members has experienced a dynamic towards recognition of PMI as a legal subject which is manifested through the conventions of the ILO, ICMW, ASEAN Consensus, and the PPMI Law.
“They must be protected by law for their dignity as human beings without any distinction. Law must have meaning and contain values to realize justice and humanity. The ideal form of legal protection internally is making village regulations, while externally making bilateral agreements with PMI recipient countries and transit countries. Thus in Article 42 of the UU PPMI Law and Article 78 of PP No. 59 of 2021 needs to add a clause “The Village Government has the duty and responsibility to make village regulations regarding the protection of PMI and their family members” and add a new article regarding protection in transit countries. Besides that, it is also necessary to make a bilateral agreement as an umbrella instrument and an MoU as a derivative instrument,” she concluded. (Lin/Arbi – Public Relations)
