Construction of the Legal Protection of Indonesian Migrant Workers as Children of Foreign Fishery Boats (Abk)

Abstract

In Indonesia, a number of workers who work abroad are one of the largest sources of foreign exchange income and a major contributor to the country's economy and development. Indonesian workers who work abroad are currently called Indonesian migrant workers after the enactment of Law No. 18 of 2018 concerning Migrant Worker Protection. Even though the migration experience experienced by workers abroad is quite good, there are still many complaints and reports of acts of violence and exploitation, this often becomes a public concern, especially the protection of migrant workers who work as sailors and crew members on foreign fishing vessels. still very minimal compared to domestic workers. The method in this research uses a type of normative legal research, using statutory, conceptual and legal analysis approaches. The findings in this research show that several international legal standards, especially in the ILO Convention No. 188 of 2007 concerning work in fishing, can be used as references and recommendations for the formation of national laws in the context of protecting and providing legal certainty for Indonesian citizens who work as migrant workers, especially as a crew member on a foreign fishing vessel. While in national law the legal construction of protection of Indonesian migrant workers as crew members and crew members of foreign fishing vessels in not specifically found in Law No. 18 of 2017, but with the issuance of Government Regulation No. 22 of 2022 concerning Placement and Protection of Migrant Commercial Ship Crews and Migrant Fisheries Ship Crews, it becomes a regulation that specifically provides legal certainty for migrant workers, especially those who work as sailors on foreign or foreign-flagged vessels.