Reconstruction of the Legal Protection Policy for Indonesian Migrant Workers in Saudi Arabia Who Commit Crimes with the Threat of the Death Penalty
Achmad Muchlis

Student of Diponegoro University of Law Doctoral Study Program Semarang

Abstract

Indonesian Migrant Workers are foreign exchange heroes for this country, but protection is very minimal for the safety of migrants in its implementation, in guaranteeing protection and fulfilling the rights that migrant workers themselves should receive.
The purpose of this study is: 1). to describe and analyze the construction of legal protection policies for Indonesian Migrant Workers in Saudi Arabia who commit crimes with the threat of the death penalty at this time- 2). to reconstruct the legal protection policy for Indonesian Migrant Workers in Saudi Arabia who commit crimes with the threat of the death penalty in the future.
The research method applied in this study is the sociological juridical method (empirical juridical), based on secondary data (legal norms and legal documents for the implementation of telecommunications in Indonesia). The types of data used in this study are primary data and secondary data. Primary data were obtained from in-depth interviews with selected key informants. Key informants were determined purposively. The study was conducted descriptively analytically by describing the legal protection policies for migrant workers in Saudi Arabia who commit crimes with the threat of the death penalty.
The results of this study are: 1). The construction of legal protection policies for Indonesian Migrant Workers in Saudi Arabia who commit crimes with the threat of the death penalty is currently that the protection efforts provided by the Indonesian Government to Indonesian Migrant Workers who are threatened with the death penalty in Saudi Arabia are through two forms of protection, namely Consular and Diplomatic. Consular protection is through litigation and non-litigation. The litigation approach can be in the form of providing legal aid services in this case competent lawyers and translators in their fields and assistance and providing legal consultations by the Indonesian Representative to Indonesian Migrant Workers during the trial process in the Saudi Arabian Court. While in terms of non-litigation, such as the Indonesian Representative visiting the victim^s heirs to ask for forgiveness for the migrant worker, approaching local leaders and community figures and formally approaching the local mayor and governor to obtain mediation assistance. Meanwhile, diplomatic protection efforts by the Indonesian Government to free Indonesian Migrant Workers who are sentenced to death are in the form of sending a letter or direct request from the president to the King regarding the release and commutation of the sentence of the Indonesian Migrant Worker concerned- 2). Reconstruction of the legal protection policy for Indonesian Migrant Workers in Saudi Arabia who commit crimes with the threat of the death penalty in the future that there are several other international convention regulations that also regulate the protection of Indonesian citizens, especially Indonesian Migrant Workers, which have been ratified but have not been made into national laws so that in their implementation they do not conflict with the laws and regulations.

Keywords: Legal Protection- Migrant Workers- Death Penalty

Topic: Law