Juridical Study of Placement and Protection of Indonesian Migrant Workers based on Law Number 18 of 2017

Abstract

Observing the large number of people who are looking for work abroad, there are many companies that are engaged in the search, distribution and placement of Indonesian workers abroad. Therefore, there is a need for legal protection for Indonesian Migrant Workers (TKI), not only while in Indonesia but also when they work in accordance with Law Number 18 of 2017 concerning the Placement and Protection of Indonesian Migrant Workers Abroad. The purpose of this study is to find out the implementation of the placement and protection of Indonesian workers abroad by Indonesian Labor Services companies and to find out the legal consequences of violations of the pre-placement, placement and post-placement periods by the Indonesian Labor Services companies. This study uses normative juridical research using qualitative methods, namely a study that aims to analyze the placement and protection of Indonesian workers abroad based on Law Number 18 of 2017. The results show that the implementation of the placement and protection of Indonesian workers abroad by Indonesian Labor Services Companies based on the condition that to work abroad, prospective/official Indonesian migrant workers must follow certain procedures, conditions and mechanisms in accordance with applicable regulations. The legal consequences for the occurrence of legal violations committed by Indonesian Labor Services Companies are from pre-placement, placement period, and post-placement. In the informal placement sector, legal consequences arise regarding requirements, and the placement period agreement sometimes does not match the data on the requirements provided and the placement agreement during the period the worker is placed.