Perlindungan Hukum terhadap Buruh Migran Indonesia yang Bekerja sebagai Pembantu Rumah Tangga (Studi Kasus di Malaysia)
Abstract
increasing every year. According to Icek Ajzen (2005), the emergence of behavior
characterized by the intention of individuals. Individual's subjective intentions are
likely to perform a particular behavior. Intention is formed of several determinants,
such as: attitude toward behavior, subjective norm, and perception of behavioral
control. With the trend of increasing number of premarital sexual behavior
conducted by high school students, and the approach to prevent such activities has
been less successful, therefore it needs to do immediately interventions that really
suitable with the real determinants of the behavior.
Indonesian women migrant workers who work as domestic servants (PRT) in
Malaysia has a special situation. This condition is caused by a combination of
several factors: their being as undocumented migrant workers are not protected her
rights as workers and also because of its status as a woman. The method used
approach is normative and juridical juridical method comparability. Normative
juridical approach, which is qualitatively analyzed secondary data from primary
legal materials and secondary legal materials. While the comparative approach is
done by comparing the juridical regulation of labor law and labor law Indonesia
Malaysia.
The regulation of migrant workers who work as domestic servants in Indonesia
have not been there that specifically in the form of legislation. The application form
states that carried the responsibility of Malaysia and Indonesia is currently limited
to initiate an MOU governing labor migration between the two countries in 1998
and signed another one on May 10, 2004. Both the MoU does not cover domestic
workers.
Keywords
Full Text:
PDFReferences
Henry Campbell Black, 1991,Black’s Law Dictionary, Centenial Edition (1891 -
,1991, St. Paul Minn, West Publishing Co.,
Ian Brownlie, 2008, Principle of Public International Law, Ninth Edition, Oxford,
Clarendon Press,
Louis Henkin at al 1930,,International Law Cases and Materials,St. Paul Minn, West
Publishing Co.
Malcolm N. Shaw, 2003,International Law, Fift Edition, Llandysul, Dyfed, Grotius
Publication Ltd.
Matthew Craven, 1998The International On Economic, Social and Cultural Rights, A
Perspective on Its Development,, New York,Clarendon Paperbacks, Oxford
University Press Inc
Michael Akehurst, 1983,A Modern Introduction to International Law, 2nd.,
London,George Allen and Unwind
Philips Alston dan Frans Magnis-Suseno, 2008, Pengantar Hukum Hak Asasi Manusia,
Yogyakarta, PUSHAM UII Press,
Ronny Hanitio Soemitro, 1987,Metodologi Penelitian Hukum, 1987, Jakarta, Ghalia
Indonesia,
Starke, J.G, 1989, Introduction to International Law, 8th., London, Butterworths,
Sudikno Mertokusumo dan A. Pitlo, 1993,Bab-bab tentang Penemuan Hukum,
Bandung, PT. Citra Aditya Bhakti,
Undang-Undang Dasat 1945
Undang-Undang No.13 Tahun 2003 Tentang Ketenagakerjaan
Undang-Undang N0.39 Tahun 2004 Tentang Penempatan Dan Perlindungan Tenaga
Kerja Ke Luar Negeri.