Anisa, Nury (2017) Perlindungan Hukum Terhadap Tenaga Kerja Indonesia keluar Negeri Sebagai Penata Laksana Rumah Tangga Dalam Perjanjian Penempatan TKI (Studi di PT. Bina Dinamita Rama di Kota Malang). Sarjana thesis, Universitas Brawijaya.
Abstract
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English Abstract
The author was discussing about legal protection for abroad Indonesian workers candidates who would work as the housekeepers based on the placement contract. Research background was high level of unemployment in Indonesia which was estimated as giving negative impact on development. One solution that had been proposed by the government was by sending workers to abroad through the distributor companies of Indonesian workers. These companies were legal institutions that would give protection to Indonesian workers candidates. This protection might be provided in the placement contract which comprised of rights and duties of related parties. The objective of research was to describe, to identify and to analyze the form of legal protection at PT Bina Dinamita Rama that might be given to Indonesian workers candidates in the placement contract. Research also aimed to describe, to identify and to analyze the factors constraining the implementation of legal protection to Indonesian workers candidates. Efforts to be taken to deal with the constraints against the implementation of legal protection to Indonesian workers candidates at PT Bina Dinamita Rama were also described. This final paper was using empirical juridical method with sociological juridical approach. Both were useful to review the legal protection that was provided by PT Bina Dinamita Rama for Indonesian workers candidates based on placement contract. Qualitative descriptive data analysis was used and it was a data analysis technique that described the result of field research and then analyzed the result using theories. Result of research indicates that legal protection for Indonesian workers candidates was not optimum because workers recruitment still relied greatly on field officer. The signature of placement contract was still conducted in the distributor companies meanwhile the signature must be given before the officer of The Official of Employment at Regency/Province levels. It might open the chance of fraudulent action to counterfeit genuine identity of Indonesian workers candidates. Many Indonesian workers candidates did not understand the content of placement contract such that they failed to comprehend their rights and duties. The Official of Employment might have less supervision against PJTKI and consequently, distributor companies were lacking of awareness and understanding to the rights of Indonesian workers candidates. Some factors such as low education background, lower knowledge rate and low age of Indonesian workers candidates. PJTI was not strictly managing the tardiness of the dispatch process of Indonesian workers candidates to the destination countries. Some Indonesian workers candidates were not allowed to do their prayer in the placement countries although the prayer was their rights and important to empower their faith. The Official of Employment was also perplexed with less transparency at PJTKI, especially about the information that should be shared with the Official of Employment. Dealing with this problem, PT Bina Dinamita Rama, The Official of Employment, and Indonesian workers candidates must have good cooperation to establish a legal protection such that all Indonesian workers candidates could be legally protected, particularly those who had registered with local distributor companies in Malang City.
| Item Type: | Thesis (Sarjana) |
|---|---|
| Identification Number: | SKR/FH/2016/426/051711705 |
| Uncontrolled Keywords: | - |
| Subjects: | 300 Social sciences > 344 Labor, social service, education, cultural law > 344.01 Labor > 344.016 2 Specific aspects of labor (Immigrants and aliens) |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | Budi Wahyono Wahyono |
| Date Deposited: | 20 Nov 2017 03:23 |
| Last Modified: | 17 Oct 2024 07:00 |
| URI: | http://repository.ub.ac.id/id/eprint/5706 |
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