RANIA NAMIRA, Ratu (2024) Regulation Of The Placement And Protection Of Indonesian Migrant Workers In The Domestic Sector In Malaysia According To International Law And The Memorandum Of Understanding Between Indonesia And Malaysia Year 2022. Skripsi thesis, Universitas Jenderal Soedirman.

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Abstract

Domestic Migrant Workers (PMD) are migrant workers who handle household tasks such as washing, cooking, and cleaning. According to Law Number 18 of 2017, Indonesian migrant workers include those who work for legal entities as well as individuals. Migrant workers are placed in both formal and informal or domestic sectors. However, in practice, domestic migrant workers often face issues such as unpaid wages, violence, harassment, and poor working conditions. These legal protection issues make them vulnerable to exploitation. To address this, Indonesia and Malaysia have agreed to a Memorandum of Understanding regarding the placement and protection of Indonesian domestic migrant workers in Malaysia for the year 2022 to protect the rights of Indonesian migrant workers. This research aims to examine the regulations and analyze the implementation of the MoU. The research method used is normative juridical with descriptive analysis and secondary data sources, collected through literature and presented in narrative text with qualitative normative analysis. The results of the study show that regulations regarding the placement and protection of domestic migrant workers are governed by ILO Convention No. 97 of 1949, ILO Convention No. 143 of 1975, the MoU on the Placement and Protection of Indonesian Domestic Migrant Workers in Malaysia for the Year 2022, Law No. 18 of 2017, and Laws of Malaysia Act A1651 Employment (Amendment) Act 2022. The implementation of the placement and protection of migrant workers is carried out with the One Channel System policy, training and preparation for the candidates, supervision, assistance, and the Desmigratif program. However, Malaysia violated the MoU by implementing the System Maid Online, which led to a moratorium on Indonesian migrant workers that was later revoked on August 1, 2022.

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