The Synchronization of Legislation Regulations in Placement and Protection of the Indonesian Labor Who Working Abroad

Abstract

Unprotected Indonesian Labor (TKI) who work abroad because of legislation regulation in placements and protection of Indonesian Labor by Number 39 of 2004 unsynchronized legislation vertically or horizontally. Vertically that legislation does not reflect the substance of Article purpose 28 D (2). Article 28 I (4) RI State legislation of 1945. Act No. 39 of 2004 is also out of sync with the implementation regulations Presidential Decree (Decree) No. 81 Year 2006 on National Agency for the Placement and Protection of Migrant Workers (BNP2TKI), especially in terms of monitoring the protection of migrant workers. Act No. 39 of 2004 is also out of sync with the implementation regulations Presidential Decree No. 81 Year 2006 on National Agency for Placement and Protection of Migrant Workers (BNP2TKI), especially in terms monitoring of migrant workers protection. Consequently there are overlaps and inconsistencies in monitoring the migrant workers protection. Similarly, between Presidential Decree No. 81 of 2006 With decision of The Minister of  Manpower and Transmigration Number 18/MEN/IX/2007 on the Placement and Protection Implementation of Migrant Workers Abroad. The national institution placement and protection of Indonesian labor (BNP2TKI) authority in the institution placement and protection  for migrant workers are set out in the regulation partially pulled back to the Ministry of  Manpower and Transmigration through the Ministry Decree of  Manpower and Transmigration No.. 22/MEN/XXI/2008, resulting in “a conflict of authority” between the Ministry of Manpower and Transmigration as a regulator with The national institution placement and protection of Indonesian labor (BNP2TKI) as implementing policies on the placement and protection of migrant workers. Horizontally, Law no. 39 In 2004 the substance is not in sync with the Law No. 39 Year 1999 on Human Rights, especially regarding the elaboration the working concept as part of human rights and state responsibility in the protection, compliance and enforcement. The same thing happened to Law No. 32 Year 2004 on Regional Government relating to the protection of migrant workers between the authority of Central Government and Local Government.

Keywords: legislation regulations, the Indonesian labor