Undocumented Indonesian Migrant Workers, Solution or Ommision

摘要

Not many alternative job, do not have skill and education, to get better wage and to improve the live are the reasons of Indonesian migrant workers to work abroad. Complicated prerequisites and procedure, expensive placement fee make Indonesian migrant workers to work without having official documents. Working by not having official document makes Indonesian workers vulnerable to become victims of apparatus extortion, inhumane treatment, deportation, and death. Country is constitutionally obliged to provide jobs for its citizens, country should be able to provide protection for Indonesian migrant workers and handle many cases involving Indonesian migrant workers who do not have official documents. This research uses normative legal research method with regulation and law approach. Remittance of Indonesian migrant workers can accelerate area development and improve the welfare of migrant worker family, but it is not comparable to the risk experienced by Indonesian migrant workers. The country has a responsibility for legal protection of Indonesian workers both within and outside the country, both with and without document. Legal protection for undocumented workers are by affirming the regulation of undocumented workers in law No. 18 of 2017, asserting that undocumented workers also have human rights which must be fulfilled, regulating nondiscriminatory treatment to Indonesian migrant workers who experience the above-mentioned cases when abroad, simplifying placement procedure of Indonesian migrant workers, and attempt to negotiate the bilateral agreement.