LEGAL PROTECTION AND ADVOCACY FOR INDONESIAN MIGRANT WORKER

Abstract

This paper aims to determine how the model of advocacy to solve the problem of migrant workers, and identifying any factor inhibiting the completion of troubled migrant workers in Malaysia especially who worked as a housemaid. The source of this paper obtained through observation, interviews with relevant parties as well as reviewing existing regulations on the protection of migrant workers.Advocacy for migrant workers who have problems with their employer in Malaysia is conducted by the Indonesian Embassy in the form of mediation between employers and migrant workers to achieve a solution and the restitution migrant workers, as well as providing assistance and legal services in case the problem is resolved by litigation. Indonesia has dispute settlement body of whole problem of migrant workers is under authority by BNP2TKI, through the crisis center. In addition, some NGOs such as Migrant Care play a major role in assisting migrant workers in obtaining their rights.Inhibiting factor in solving the problem of migrant workers in Malaysia are generally arising from the placement of migrant workers by PPTKIS that don’t meet standards, a lack of understanding of migrant workers about their rights and obligations under the employment contract and the weakness of enforcement against PPTKIS. Law No. 39/2004 concerning The Placement and Protection of Indonesian Migrant Workers Overseas has not optimal in providing protection for migrant workers. It required an educated person and well known concerning an advocacy to prevent problems which repeated with the issue of migrant workers.