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PERLINDUNGAN HUKUM TERHADAP PEKERJA MIGRAN INDONESIA (PEKERJA MIGRAN INDONESIA) DI MALAYSIA (STUDI KASUS DI BP2MI CIREBON)
Violations of the rights of Indonesian Migrant Workers (PMI) remain a recurring issue despite Indonesia having a comprehensive legal framework through Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers. Data from BP2MI Cirebon indicates a decline in the number of complaint cases from 66 cases in 2022, 52 cases in 2023, to 49 cases in 2024. However, the severity of violations has increased significantly, particularly in cases resulting in death and permanent trauma, especially among PMI working in Malaysia. This study aims to analyze the factors causing violations of the rights of Cirebon-origin Indonesian Migrant Workers in Malaysia from 2022 to 2024, and to analyze the implementation of legal protection by BP2MI Cirebon for PMI in Malaysia. This research employs an empirical juridical method with a qualitative approach. Primary data were obtained through in-depth interviews with informants from BP2MI Cirebon, while secondary data were obtained through literature review of legislation, official documents, and relevant legal literature. The research findings reveal two main conclusions. First, the factors causing violations of PMI rights are multidimensional, including low legal literacy among prospective PMI, sectoral ego among government institutions, high numbers of non-procedural PMI due to an inaccessible formal system, and limited access to justice for PMI experiencing violations. Examined through Jan Michiel Otto's framework of real legal certainty, all dimensions of legal certainty remain suboptimally fulfilled. Second, BP2MI Cirebon has implemented legal protection through three phases: pre-placement (safe migration socialization and vocational education), during placement (coordination with KBRI/KJRI and mediation with P3MI), and post-placement (departure registration, empowerment, and rehabilitation). However, the effectiveness of this protection is impeded by the limited formal authority of BP2MI Cirebon, which is structurally designated only as a service post at the regional level, creating a paradox between the broad protection mandate of Law No. 18 of 2017 and the minimal institutional capacity at the district/city level. From Philipus M. Hadjon's perspective, both the preventive and repressive protection functions carried out by BP2MI Cirebon have yet to reach non-procedural PMI groups, who are the most vulnerable and most in need of protection. This research recommends strengthening the formal authority of BP2MI service posts at the regional level through regulatory reform, establishing integrated cross-sectoral coordination teams in the regions, intensifying safe migration socialization to reach non-procedural prospective PMI, strengthening the capacity of KBRI/KJRI in destination countries, and institutionalizing standardized rehabilitation and social reintegration programs for returning PMI.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PERLINDUNGAN HUKUM TERHADAP PEKERJA MIGRAN INDONESIA (PEKERJA MIGRAN INDONESIA) DI MALAYSIA (STUDI KASUS DI BP2MI CIREBON) (Text)
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