Provision of Employment as a Form of Legal Protection for Indonesian Manpower

Abstrack:

There are various legal issues faced by Indonesian Manpower (TKI) who work abroad starting from administrative to criminal categories. Some examples are the wages which are not paid by the employer, persecution up to rape. In addition to problems, overseas Indonesian workers who have just come from abroad also have some problems, such as extortion and illegal levy as revealed by the Corruption Eradication Commission on July 26, 2014. As a sovereign state Indonesia has the obligation to provide legal protection to workers who are facing legal problems. There are some forms of legal protection that have been conducted by the government namely making laws and regulations governing migrant workers, and the establishing the bodies that oversee workers (BNP2TKI) and legal efforts by the Indonesian government in case there are workers who are charged with death sentence. From all the above legal protections, there is one more important thing to do to protect migrant workers that is in the form of providing the employment in Indonesia. It is stipulated in the 1945 Constitution article 27 subsection (2) which says that every citizen has the right to get work which is based on humanity. The availability of employment will let Indonesian workers get the job in Indonesia instead of abroad. The next impact is a classic problem associated with the Indonesian government limitations in providing legal assistance in connection with the locus delicti outside Indonesia will also be resolved. The forms of provision of employment is started with the establishment of Law governing the ease of forming a business entity as well as the ease of investing equally in all parts of Indonesia. It should also be established a law that requires every business entity either owned by the government or the private sector to employ Indonesian in a large percentage. With these steps, the problems related to workers which happen from year to year can be resolved completely.

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