PROTECTION AGAINST WOMEN LABOR (TKW) ABROAD REVIEWED ACCORDING TO LAW NUMBER 39 OF 2004 CONCERNING PLACEMENT AND PROTECTION OF INDONESIAN WORKERS ABROAD

Abstract

The reason for choosing the research problem in this study was the result of literature research on the problems that befell Indonesian workers, especially TKW who work in destination countries (overseas). The discussion in this thesis uses a normative research method (juridical normative) with an approach to legislation, and concepts.
Legal protection for TKI is all efforts to protect the interests of prospective TKI/TKI in realizing the guaranteed fulfillment of their rights in accordance with statutory regulations, both before, during and after work (Article 1 point 4 of Law No. 39 of 2004). Based on this understanding, Article 77 of Law no. 39 of 2004 mandates to provide comprehensive protection to TKI/TKW starting from pre- placement. During placement and after placement. However, Law no. 39 of 2004 does not regulate the legal protection of TKI/TKW in detail. In addition, it has not concretely regulated provisions concerning TKI who commit criminal acts in the country of destination, because in general, TKI who commit a crime are only given legal protection after the legal process in the destination country has entered a verdict, so that existing legal remedies are carried out through diplomatic channels by emphasizing the role of Indonesian representatives in the countries where Indonesian workers work.
In Law no. 39 of 2004, the parties responsible for providing protection to TKI/TKW are PPTKIS and the ministry of foreign affairs, but PPTKIS is only responsible for providing protection to prospective TKI/TKI in terms of work agreements. The foremost pillar of protection for TKI/TKW working abroad basically lies with the Ministry of Foreign Affairs. This can be seen from the provisions of Article 78 paragraph (1) of Law no. 39 of 2004 which mandates the Indonesian Representative to provide protection for Indonesian Migrant Workers abroad based on Law no. 39 of 2004, as well as international law and practice.