The Protection of Indonesia's Migrant Workers from the Perspective of Fiqh Siyāsah Dusturiyah

  • Habib Ismail IAIMNU Metro Lampung, Indonesia
  • Dani Amran Hakim UIN Raden Intan Lampung, Indonesia
  • Muhammad Lutfi Hakim IAIN Pontianak, Indonesia

Abstract

In many developing countries, the position of migrant workers is often regarded as a weak party, even in certain countries the status is similar to slaves. In Indonesia, the state has the duty to protect all its citizens, including those abroad who have the status of migrant workers as it is outlined in Law No. 18 of 2017 on Indonesia's Migrant Workers Protection. However, this Law is not effectively implemented due to cases in which Indonesian workers abroad workers are not legally protected by the government. The obligation of the government in protecting all its citizens has gained significant attention in fiqh siyāsah dusturiyah. This article accounts to what extent the Indonesian government's policies to protect migrant workers through the lens of fiqh siyāsah dusturiyah. This paper used the literature review method with a juridical-normative approach. This paper shows that the enactment of Law No. 18 of 2017 was made after Indonesia ratified the Migrant Workers Convention 1990. This Law bears the government to guarantee the fulfillment and enforcement of human rights of workers migrants, following their legal, economic, and social protection for themselves and their families. This paper concluded that Indonesia's Migrant Workers Protection Law follows the four principles of labor in Islam, inter alia, human independence, human dignity, justice, and clarity of contracts and wage transactions.


KEYWORDS: Migrant Workers, Indonesia's Migrant Workers Protection, siyāsah dusturiyah.

Published
2021-03-14
How to Cite
ISMAIL, Habib; HAKIM, Dani Amran; HAKIM, Muhammad Lutfi. The Protection of Indonesia's Migrant Workers from the Perspective of Fiqh Siyāsah Dusturiyah. Lentera Hukum, [S.l.], v. 8, n. 1, mar. 2021. ISSN 2621-3710. Available at: <https://jurnal.unej.ac.id/index.php/eJLH/article/view/18725>. Date accessed: 13 may 2021. doi: https://doi.org/10.19184/ejlh.v8i1.18725.

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