Legal Aid for Indonesian Migrant Workers Lelisari, Ediyanto
Lecturer at Civil Law/ Business Law of Law Faculty Muhammadiyah University of Mataram Mataram, Indonesia lelisiregar[at]yahoo.com
Abstract
Since the enactment of the Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, the term Indonesian Labors (in Indonesia, stands for TKI) is substituted to Indonesian Migrant Workers (in Indonesia, stands for PMI). By reading carefully the law governing about TKI or PMI namely the Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, it found that it was made to correct some weaknesses in Law Number 39 of 2004. This law improvement was aimed at increasing the security for Indonesian Migrant Workers as mandated in the 1945 Constitution. In fact, this law also still has several weaknesses, including the lack of detailed regulation of legal aid for PMI. Actually, when PMI works in a destination country, the PMI Protection Law provides them the right to get assistance, mediation, advocacy and legal aid in the form of advocate services given by the Central Government and/ or Representatives of the Republic of Indonesia, and it mandates legal protection for PMI specifically regulated in CHAPTER VII of the PMI Protection Law. However, this only covers a general description. It is not explained what the right of legal aid the PMI get if they are involved in a problem or case. In addition, access to legal aid is not integrated with the legal aid law in Indonesia, namely Law Number 16 of 2011.
Keywords: Legal Aid; Indonesian Migrant Workers;PMI
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