Tanggung Jawab Negara Asal (Indonesia) dan Negara Tujuan (Kamboja) terhadap Pekerja Migran Non-Prosedural: Tinjauan Hukum Internasional

Abstract

The rapid population growth in Indonesia, which is not matched by the availability of job opportunities, has driven many citizens to become Indonesian Migrant Workers (PMI), both through procedural and non-procedural means. This phenomenon of labor migration presents new challenges in the protection of human rights, especially for non-procedural migrant workers who work without official documents and through illegal channels. This research focuses on three main issues: first, how is the legal protection of the rights of Non-Procedural Migrant Workers based on International Law and National Law? Second, what are the policies of the Indonesian Government regarding Human Rights Violations against Non-Procedural Migrant Workers in Cambodia? Third, what are the responsibilities of the Indonesian and Cambodian governments in protecting the rights of Non-Procedural Migrant Workers under International Law? This study uses a qualitative research method with a normative juridical approach based on the fulfillment of statutory regulations and international regulations that have been ratified in the legal systems of Indonesia and Cambodia. The findings of this research indicate that although the ICRMW does not specifically regulate the rights of non-procedural migrant workers, the principles of human rights protection still apply to all migrant workers, including the right to fair treatment, protection from violence, and the right to decent wages. This study also highlights various cases of human rights violations against non- procedural Indonesian migrant workers, such as violence, exploitation, and human trafficking, which demonstrate the weakness of legal protection and government oversight, especially in destination countries that do not have formal cooperation with Indonesia. Therefore, it is necessary to strengthen regulations, enhance international cooperation, and implement both preventive and repressive measures by the government to ensure that the rights of non-procedural Indonesian migrant workers are protected and that they do not become victims of human rights violations abroad.