Perlindungan Hukum terhadap Kekerasan Tenaga Kerja Indonesia di Malaysia dalam Perspektif Hukum Internasional dan Hukum Nasional Indonesia

Abstract

Indonesian Migrant Workers (TKI) in Malaysia face various forms of violence that require comprehensive legal protection from both international law and Indonesian national law perspectives. Violence against TKI includes physical, psychological, sexual, and economic violence that often occurs due to weak protection systems and law enforcement. The problem formulations are: 1) How is the legal protection arrangement against violence toward Indonesian migrant workers in Malaysia based on International Law, 2) How is the legal protection against violence toward Indonesian Migrant Workers in Malaysia based on Law Number 18 of 2017 concerning Protection of Indonesian Migrant Workers, and 3) How is the analysis of case resolution regarding protection against violence toward Indonesian Migrant Workers in Malaysia from the perspective of International Law and Indonesian National Law. The method used in writing this thesis is normative juridical research method, which is a method that refers to legal norms conducted through literature study to obtain secondary data in the form of primary, secondary, and tertiary legal materials related to the problems being studied. This research has a descriptive nature, and the data is analyzed qualitatively. The research findings reveal that legal protection for TKI from an international law perspective is regulated through various instruments such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 1990, ILO Convention No. 97 and No. 143, but its effectiveness is hampered because not all TKI destination countries have ratified these conventions. From the perspective of Indonesian national law, protection is regulated in Law No. 18 of 2017 concerning Protection of Indonesian Migrant Workers, which provides a comprehensive protection framework from before, during, and after working. The resolution of violence cases against TKI in Malaysia faces complexity due to differences in legal systems, limited diplomatic resources, and weak inter-agency coordination. Although there are bilateral agreements between Indonesia and Malaysia and consular protection efforts through the Indonesian Embassy in Kuala Lumpur, many violence cases are not resolved optimally because Malaysia has not ratified international conventions on migrant worker protection.