LEGAL PROTECTION FOR INDONESIAN MIGRANT WORKERS, ThE CASE FROM HUMAN RIGHT APPROACH Rini Irianti Sundary, Deddy Effendy, Chepy Ali Firman, Haidar, Hasywira
Bandung Islamic University and University Technologi Mara Malaysia
Abstract
ABSTRACT
Covid-19 has implications for all aspects of life, changing various social and life structures in Indonesia, and in various countries around the world. The Indonesian state has the responsibility to provide protection to migrant workers who are abroad. The case of economic problems experienced by migrant workers obliges the state to be responsible for the protection of domestic citizens of the country, but is also responsible for the protection of migrant workers abroad.
The International Labor Organization (ILO) defines a ^migrant worker^ ^migrant worker^ as someone who has migrated, or has migrated, from one country to another, with an image of being employed by someone other than himself, including anyone who he receives regularly, as a migrant, for work.
The case highlighted here is Indonesian migrant workers, in relation to the COVID-19 pandemic. Migrant workers are often the first group to be dismissed but are the last to get access to tests or treatment suitable for domestic workers. They are often excluded from national COVID-19 policy responses, for example wage subsidies, unemployment benefits or social security and social protection measures. If access to a COVID-19 test or medical care is available, they may not be able to access it for fear of being detained or deported, especially those with an undocumented status. In the case of domestic workers, homeworkers, agricultural workers and others in the informal economy, the exception in many countries stems from the fact that labor laws do not consider them to be workers.
The experience of working and living in a foreign country can be a liberating and empowering experience, and many migrant workers - and their families and also communities get benefit from the experience as a whole. However, working abroad can also carry risks and dangers. In destination countries, migrant workers are vulnerable as long as they are outside the jurisdiction and legal protection of their own
