Analysis of Protection of Women Workers Abroad in the Perspective of Law Number 18 of 2017 Regarding Protection of Indonesian Migrant Workers

This is an open access article, licensed under: CC–BY-SA Abstract: Article 27 paragraph (2) of the 1945 Constitution states that Every citizen has the right to work and a decent living for humanity. However, the reality is that the Government as a protector and responsible for the community has not fulfilled the needs of its citizens, especially for women job seekers abroad, even though it is clearly stated in the 1945 Constitution that the people have the right to get a job and a decent life. The results of the study show that Law Number 18 of 2017 has not fully provided protection, especially for Indonesian women workers abroad.


Introduction
Article 27 paragraph (2) of the 1945 Constitution states that "Every citizen has the right to work and a decent living for humanity" [1]. However, the reality is that the Government as a protector and responsible for the community has not fulfilled the needs of its citizens, especially for women job seekers abroad, even though it is clearly stated in the 1945 Constitution that the people have the right to get a job and a decent life. Law Number 18 of 2017 is also felt to have not provided complete protection for Indonesian women workers abroad. The current difficult living conditions coupled with the difficulty of surviving in the midst of the Covid-19 pandemic that has hit the whole country are felt by almost all people, especially the lower middle class.
The Placement Program for Indonesian Migrant Workers Abroad is one of the efforts to overcome the problem of unemployment. The placement of TKI abroad is carried out by utilizing the international job market through improving the quality of the competence of the workforce with optimal protection from before departure, while working abroad until arriving back in Indonesia [2].
Everyone needs work not only to meet the needs of life and their family, but also can be interpreted as a means of self-actualization so that a person feels that his life becomes more meaningful for himself, others and the environment. However, in reality job opportunities in the country are very limited, while the number of the labor force is increasing, this has caused the unemployment rate to increase. On the other hand, job opportunities abroad are still open with a fairly high wage level, this is what attracts Indonesian workers to seek work abroad [3].
This limitation of job opportunities in the country is a factor causing the increasing number of Indonesian citizens, especially female workers who do not have special skills in working to seek employment opportunities abroad.
The government through the Indonesian Migrant Workers Protection Agency (BP2MI) is expected by certain communities to be able to realize their desire to be able to work in order to improve their welfare. In order to ensure the realization of protection for Indonesian Migrant Workers, the Government also issued Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers.
The forms of protection for Indonesian Migrant Workers according to the laws and regulations can be described as follows: 1. Protection: before work It is a form of legal protection for all forms of activity since registration and when the prospective Indonesian Migrant Worker departs.

Protection: during work
It is a form of legal protection for Indonesian Migrant Workers and their Families while abroad.

Protection: after work
It is a form of legal protection for all activities from the time Indonesian Migrant Workers and their family members arrive at debarkation in Indonesia until they return to their area of origin, including follow-up services to become productive workers.
The government has full authority to regulate and realize forms of legal protection for Indonesian Migrant Workers and also specifically for female workers who until now there has been no special regulation on their protection, because it is women who are felt to need more attention from the government because they are vulnerable to being used as criminals object of crime in the field of employment.
In Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers it is stated that "Protection of Indonesian Migrant Workers is all efforts to protect the interests of Prospective Indonesian Migrant Workers and/or Indonesian Migrant Workers and their families in realizing the guaranteed fulfillment of their rights in all activities before work, during work, and after working in legal, economic, and social aspects". Therefore, as the bearer of the mandate to realize the welfare of citizens through the form of decent work, it is also necessary to realize legal protection, especially for women workers abroad.
Based on the above, the researcher tries to examine the Juridical Analysis of the Protection of Indonesian Women Workers Abroad in the Perspective of the Law of the Republic of Indonesia Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers. This research is a normative legal research that focuses its study by looking at the law as a whole system which includes a set of principles, norms, and legal rules, both written and unwritten. The approach used in this research are:

Research Methodology
1. Legislative approach which is carried out by reviewing all laws and regulations related to the Protection of Indonesian Women Workers Abroad. 2. The conceptual approach is carried out by examining certain theories, principles, and definitions that are used as the basis for the Protection of Indonesian Women Workers Abroad.
The technique of collecting legal materials used in this research is through a literature study that examines relevant laws and regulations, books or reading materials and scientific works of legal experts. The analysis used is qualitative analysis which provides a descriptive description of the problems discussed. Everyone needs work not only to meet the needs of life and their family, but also can be interpreted as a means of self-actualization so that a person feels that his life becomes more meaningful for himself, others and the environment. However, in reality job opportunities in the country are very limited, while the number of the labor force is increasing, this has caused the unemployment rate to increase. On the other hand, job opportunities abroad are still open with a fairly high wage level, this is what attracts Indonesian workers to seek work abroad.
Protection Laws for Indonesian Migrant Workers Abroad must be able to cover all parties, especially women workers. There are legal rules for female workers that are different from male workers, such as maternity leave, sexual harassment in the workplace, hours of protection and others.
Legal protection is all efforts made consciously by every person as well as government and private institutions aimed at securing, controlling and fulfilling the welfare of life in accordance with existing human rights [4].
Legal protection is a set of regulations that recognize a series of rights that must be owned by a person or group of people to realize their true worth and dignity. The implementation of legal protection for female workers is guided by Law Other international conventions related to the protection of migrant workers that have been ratified by the Indonesian government include the Convention Against Discrimination Against Women (CEDAW).
The definition of workers based on the provisions of Article 1 point 3 of Law no. 13 of 2003 concerning Manpower is every person who works by receiving wages or other forms of remuneration.
Placement of Indonesian Migrant Workers (TKI) is a service activity to bring together TKI according to their talents, interests, and abilities with overseas employers which includes the entire recruitment process, document management, education and training, shelter, preparation for departure, departure to the destination country, and repatriation from the destination country. The placement of TKI abroad is a national program in an effort to improve the welfare of the workforce and their families as well as to develop the quality of human resources. The placement of Indonesian Migrant Workers in the Overseas Worker Placement Program (PTKLN), is carried out by utilizing the International Labor Market through improving the quality of workforce competencies with optimal protection from before departure, while working abroad until arriving back in Indonesia.
Placement and Protection of prospective TKI/TKI aims to: a. Empower and utilize the workforce optimally and humanely; b. Guarantee and protect prospective TKI/TKI from within the country, in the destination country, until they return to their place of origin in Indonesia; c. Improving the welfare of migrant workers and their families.
Talking about the rights of migrant workers, we need to know beforehand what the word "right" itself means. The Big Indonesian Dictionary states that "rights" are (1) correct; (2) belongs to, belongs to; (3) authority; (4) the power to do something; (5) true power over something or to demand something; (6) degree or dignity; (7) authority according to law. Basically, the notion of rights contains the principle that, rights are something that therefore a person (the holder) has the validity to demand something that is considered not fulfilled or denied. Someone who holds the right to something, then that person can treat the thing as desired or according to the validity of his possession [5]. Law No. 13 of 2003 concerning manpower has reformed several labor laws and regulations, both the legacy of the Dutch colonial era and national laws and regulations that are no longer in accordance with current needs. One of these changes is stated in Article 1 point 1 of Law Number 13 of 2003 that manpower is all matters relating to labor before, during, and after the work period.
According to Law 13 of 2003 [4], a distinction is made between the rights of workers and the rights of workers/ laborers.
The rights of workers are [6]: a. Every worker has the same opportunity without discrimination to get a job (Article 5). b. Every workforce has the right to obtain and/or improve and/or develop work competencies in accordance with their talents, interests, and abilities through job training (Article 11). c. Workers have the right to obtain recognition of work competence after participating in job training organized by government job training institutions, private job training institutions, or training in the workplace (Article 18 paragraph (1)). d. Every worker has the same rights and opportunities to choose, get, or change jobs and earn a decent income at home or abroad (Article 31).
The rights of workers include [6]: a. Every worker/labor has the right to receive equal treatment without discrimination from employers (Article 6). b. Every worker/labor has the right to obtain protection for; occupational safety and health, morals and decency, and treatment in accordance with human dignity and values as well as religious values (Article 86). c. Every worker/labor has the right to earn an income that fulfills a decent living for humanity (Article 88 Paragraph (1)). d. Every worker/labourer and his/her family have the right to obtain labor social security. e. Every worker/labor has the right to form and become a member of a trade union/labor union (Article 104 Paragraph (1)). f. Strikes as a basic right of workers/laborers and trade/labor unions are carried out legally, orderly and peacefully as a result of the failure of negotiations (Article 137).

Article 1 point 1 of Law no. 13 of 2003 concerning Manpower states that what is meant by
Employment is all matters relating to labor before, during, and after the work period. The field of labor law prior to employment is the field of law relating to activities to prepare prospective workers so that they have sufficient skills to enter the world of work, including efforts to obtain job vacancies both at home and abroad and the mechanisms that must be passed by workers before getting a job [7]. Article 1 point 3 of Law no. 39 of 2004 concerning the Placement and Protection of Indonesian Migrant Workers Abroad, it is stated that the Placement of Indonesian Migrant Workers is a service activity to bring together TKI according to their talents, interests, and abilities with employers abroad which includes the entire recruitment process, document management, education and training, shelter, preparation for departure, departure to the destination country, and return from the destination country.
The creation of a mechanism for the placement system of workers abroad is intended as an effort to encourage the realization of an efficient and effective flow of placement, because various sources of problems often confront the workforce without prior knowledge of the person concerned, such as: a. Systems and mechanisms that do not yet support effective and efficient localization flows; b. Implementation of irresponsible placement; c. The low quality of the Indonesian workforce; d. The cultural background of the country to be addressed is different. The meaning and importance of work for everyone is reflected in the 1945 Constitution Article 27 paragraph (2) which states that every Indonesian citizen has the right to work and a decent living for humanity. However, in reality, the limited number of job vacancies in the country has caused many Indonesian migrant workers to look for work abroad.
From year to year the number of those who work abroad is increasing. On the one hand, the large number of workers who will work abroad and the large number of Indonesian workers who are working abroad have a positive side, namely that they can overcome some of the problems of unemployment in the country.
However, there is also a negative side, such as the risk of possible inhumane treatment of TKI, especially for women. These risks can be experienced both during the departure process, while working abroad and after returning to Indonesia, there are cases of physical/psychic violence that befell TKI either before, during work, or when returning to their area of origin.
The emergence of many problems for workers who work abroad further adds to the burden of labor problems in Indonesia. Injustice in the treatment of labor dispatch by the Indonesian Migrant Worker Service Company (PPJTKI), placements that are not in accordance with low salary standards because they are not in accordance with the agreed work contract, violence by labor users, sexual harassment, illegal workers (illegal workers) .
The law that applies in the destination area for placing TKI does not provide protection. This is clearly seen with the rampant cases of abuse that occur especially to domestic workers. When a problem occurs, the workers must first complain to the ambassador of the Indonesian state or when it has been highlighted by the new media there is a response to protect their rights.
Law is a rule or custom that is considered legally binding, which is affirmed by a ruler or government. Law is also defined as laws, regulations, and so on to regulate the social life of the community. In addition, law is defined as a benchmark (rules, provisions) regarding certain events (nature and so on).
This has been questioned regarding the written agreement between Indonesia and the destination country because of the many cases of persecution that are still happening. This has apparently been regulated in Article 27 of Law Number 39 of 2004 which regulates that the placement of Indonesian Migrant Workers abroad can only be carried out to a destination country whose government has made a written agreement with the Government of the Republic of Indonesia or to a destination country that has laws and regulations that protect it. foreign workers.
Whereas in article 80 of Law No. 39 of 2004 it is stated that the protection during the placement of TKI abroad is carried out, among others: 1. Providing legal assistance in accordance with provisions of laws and regulations in the country of destination as well as international law and practice. 2. Defending the fulfillment of rights in accordance with work agreements and/or laws and regulations in the country where the TKI is placed.
Thus, it is necessary to make arrangements related to protection so that the risk of inhumane treatment of TKI as mentioned above can be avoided or at least reduced.
An example is the case of the beheading of one of the female workers, Ruyati (54 years old), who was beheaded in Saudi Arabia without any official notification.
Ruyati bint Satubi, a domestic worker from RT 03 RW II Kampung Ceger, Sukatani, Bekasi, West Java, was sentenced to beheading in 2011 in Makkah for admitting to having killed her female employer, Khairiya Hamed bint Majlad. Ruyati killed Khairiya (64) using a butcher knife on January 10, 2010. This case is a fact for people who work abroad that the lack of legal facts that support the protection of people working abroad.
The government was deemed not to have tried its best, although in the end this assumption was immediately refuted. This is worth mentioning as an example of how important it is that Indonesia is one of the largest exporting countries of migrant workers in the world.
They are spread in a number of countries, such as Malaysia, Saudi Arabia, United Arab Emirates, Singapore, Brunei Darussalam, Kuwait, Oman, Qatar, South Korea, Japan, Hong Kong, Taiwan, and several other countries such as America and Canada. Most of them work in the informal sector. They work in the informal sector because of their low level of education, graduating from elementary school, junior high school. This is where the legal aspect is one of the most important supporting factors for the existence of Indonesian workers abroad. The government has also implemented a moratorium on sending TKI to a number of countries abroad to limit the number and in the context of protecting TKI as well as giving warnings to user countries to pay attention to the rights of workers from Indonesia.
In , where the task of the Task Force apart from continuing to provide advocacy and legal assistance, is also to provide maximum legal assistance to Indonesian citizens/TKI who are threatened with the death penalty abroad.
For the handling of the death penalty, the Indonesian Prosecutor's Office has also signed a Memorandum of Understanding with the Malaysian Prosecutor's Office regarding notification of Indonesian citizens facing the death penalty in Malaysia [9].
Memorandum of Understanding (MoU) as a preliminary agreement will still be elaborated and elaborated with other agreements that contain more detailed rules and requirements. Because of that, the MoU contains only the basic things. The contents of the MoU must be rewritten in the agreement so that it becomes a binding force. The elements contained in the MoU are [10]: 1. This is a preliminary agreement. 2. The material content is the main things.
3. The material content is stated in the contract/agreement.
Regarding the regulation of the content of the material and its binding power, the MoU is nothing but a preliminary agreement. The MoU as a preliminary agreement is the initial evidence of an agreement that contains the main things, and which must be followed by other agreements. The binding power of the MoU is only moral. In other words, the MoU is a gentlement agreement.
The use of the term MoU must be distinguished from a theoretical and practical point of view. Theoretically, the MoU document is not a binding document for the parties. In order to be legally binding, it must be followed up with an agreement. The agreement in the MoU is only a moral bond. Practically the MoU is aligned with the agreement. The bond that occurs is not only moral, but also legal.
As a policy and program that involves citizens, according to the mandate of the Constitution, the government bears a very large responsibility. This responsibility is also very broad, especially with regard to the protection of the safety of citizens working abroad [11] [12] [13].
The results of the study show that the Law on the Protection of Indonesian Migrant Workers has not explicitly and specifically given a charge to female workers, both in the Law on Manpower and in  security  protection of human rights  equal distribution of job opportunities; and/or  the interest of the availability of manpower in accordance with national needs. In order to provide protection, the government then issued the Minister of Manpower Regulation Number 17 of 2019 concerning the Termination and Prohibition of the Placement of Indonesian Migrant Workers, in which the issuance of regulations related to the termination and placement of Indonesian Migrant Workers has actually increased the unemployment rate in Indonesia, because The state itself cannot provide decent work for its citizens. The government considers that stopping the placement of Indonesian Migrant Workers is also a form of protection given to its citizens. This is increasingly becoming a dilemma for job seekers, especially Indonesian women because they are unable to compete for jobs in the country due to limited skills. The State should be able to examine this matter more deeply so that the protection of women workers can be more specifically regulated. Even though a Memorandum of Understanding (MoU) has been issued between the Indonesian government and several placement countries, the government is still unable to meet adequate protection standards for them because there are still cases that afflict Indonesian women workers abroad.