Научная статья на тему 'DIGITALIZED SYSTEM OF SUPERVISION OF MIGRANT WORKERS FOR LEGAL PROTECTION AND LEGAL CERTAINTY'

DIGITALIZED SYSTEM OF SUPERVISION OF MIGRANT WORKERS FOR LEGAL PROTECTION AND LEGAL CERTAINTY Текст научной статьи по специальности «Право»

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Аннотация научной статьи по праву, автор научной работы — Endeh Suhartini, Rizal Syamsul Ma’Arif, Nyi Mas Gianti Bingah Erbiana

The Indonesian Migrant Worker Protection Agency (BP2MPI), previously known as the National Agency for the Placement and Protection of Indonesian Migrant Workers (BNP2TKI), is a non-departmental government agency in Indonesia that has the function of implementing policies in the field of placement and protection of Indonesian workers. The existence of this agency has hopes for the community, especially Indonesian Migrant Workers to obtain legal certainty and legal protection in several countries in the world that employ. A Migrant worker is a substitute term for Indonesian Migrant Workers (TKI) which has been officially used under Law Number 17 of 2017 concerning Protection of Indonesian Migrant Workers. Goals of Indonesian Migrant Workers who work in several countries in the world have great hopes of fulfilling the necessities of a decent life while at the same time improving the economy for themselves and their families considering the wages or salaries offered are higher than in Indonesia. The obstacle for Indonesian Migrant Workers are that often sending Migrant Workers is still constrained by the large number of companies sending Indonesian Migrant Workers who are not official so that legal protection and legal certainty for Indonesian Migrant Workers have not been fully fulfilled. Based on the results of observations and analysis, another obstacle is that supervision from the Government has not been maximized and the digitization system for monitoring Indonesian migrant workers has not been implemented in various countries to supervise these Indonesian Migrant Workers. The digitalization system is significantly important to be implemented by the Government to provide legal certainty and legal protection for Indonesian migrant workers so that supervision can be maximized by the Government and Non-Governmental Institutions that assist in supervising Indonesian Migrant Workers.

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Текст научной работы на тему «DIGITALIZED SYSTEM OF SUPERVISION OF MIGRANT WORKERS FOR LEGAL PROTECTION AND LEGAL CERTAINTY»

DIGITALIZED SYSTEM OF SUPERVISION OF MIGRANT WORKERS FOR LEGAL PROTECTION AND LEGAL

CERTAINTY

ENDEH SUHARTINI, RIZAL SYAMSUL MA'ARIF, NYI MAS GIANTI BINGAH ERBIANA

Fakultas Hukum, Universitas Djuanda, Bogor, Indonesia Email: endeh.suhartini@unida.ac.id

Abstract

The Indonesian Migrant Worker Protection Agency (BP2MPI), previously known as the National Agency for the Placement and Protection of Indonesian Migrant Workers (BNP2TKI), is a non-departmental government agency in Indonesia that has the function of implementing policies in the field of placement and protection of Indonesian workers. The existence of this agency has hopes for the community, especially Indonesian Migrant Workers to obtain legal certainty and legal protection in several countries in the world that employ. A Migrant worker is a substitute term for Indonesian Migrant Workers (TKI) which has been officially used under Law Number 17 of 2017 concerning Protection of Indonesian Migrant Workers. Goals of Indonesian Migrant Workers who work in several countries in the world have great hopes of fulfilling the necessities of a decent life while at the same time improving the economy for themselves and their families considering the wages or salaries offered are higher than in Indonesia. The obstacle for Indonesian Migrant Workers are that often sending Migrant Workers is still constrained by the large number of companies sending Indonesian Migrant Workers who are not official so that legal protection and legal certainty for Indonesian Migrant Workers have not been fully fulfilled. Based on the results of observations and analysis, another obstacle is that supervision from the Government has not been maximized and the digitization system for monitoring Indonesian migrant workers has not been implemented in various countries to supervise these Indonesian Migrant Workers.

The digitalization system is significantly important to be implemented by the Government to provide legal certainty and legal protection for Indonesian migrant workers so that supervision can be maximized by the Government and Non-Governmental Institutions that assist in supervising Indonesian Migrant Workers.

Keywords: Migrant Workers, Digitalization, Legal Protection. A. Introduction

Technology in the development of the flow of production, consumption, and distribution of information plays an important role. The urgency of the role of technology in the process of information massification occurs when the results of technology help change communication patterns that are limited by space and time into patterns of information communication without boundaries. Furthermore, technology has enabled everyone as a member of society to benefit from it as a source of information. 1 Thus, basically

Mahyuddin KM Nasution, Opim Salim Sitompul, Sawaludion Nasution, "Perspective Hukum Teknologi Informasi"

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technology is good, so it is not surprising if there is a change from traditional mass media to new mass media. In the end, new media in the context of technology and globalization experience such complex changes. Globalization has become an important factor in the communication media industry and technology. 2

Indonesian Migrant Worker is a term used in Indonesia and previously referred to as Indonesian Migrant Workers. After the enactment of Law Number 17 of 2017 concerning Protection of Indonesian Migrant Workers, the understanding of the term Migrant Workers is better known than Indonesian Migrant Workers.

Every Indonesian Migrant Worker who chooses to work abroad has different reasons. Some considerations for Migrant Workers Working abroad are based on the results of previous research of the author regarding wages. The author found that one of the consideration was the big difference in wages compared to working in Indonesia.

Migrant workers who carry out work activities abroad have the main consideration in terms of wages. Their goals are to improve the economic and social life for themselves and their families. In practice, it is often that Indonesian Migrant Workers to experience unexpected events that do not meet their expectations. In this regard, it is necessary to create a continuous monitoring system by the government, one of which is digital supervision, which would be very good to implement.

The application of digitalization supervision is expected to be one of the very good, effective, and important systems to be implemented in Indonesia to find out legal certainty and legal protection for Migrant Workers working abroad.

Currently, there is an increase in the number of Indonesian Migrant Workers so the need for a digitization system to access Migrant Workers in various countries will be recognized faster and easily monitored. The data that can be seen in October 2022 is as follows:

fhttps://www.researchgate.net/publication/326380527_Perspektif_Hukum_Teknologi_Informasi/link/5de20 f39a6fdcc2837f6de78/download), Retrieved December 26, 2022, 12:05 PM)

AG. Eka Wenats Wuryanta, Digitalisasi Masyarakat: Menilik Kekuatan dan Kelemahan Dinamika Era Informasi Digital dan Masyarakat Informasi, dalam Jurnal Ilmu Komunikasi, in the Journal of Communication Studies Volume 1 Number 2 December 2022 Pg. 131-142

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The 5 highest placement countries for Indonesian Migrant Workers3

Based on the results of discussions with Martin Roestamy, who frequently travels and conducts research abroad, in studying the problems in the community observed, there are several issues regarding Indonesian Migrant Workers employed abroad. Migrant workers, previously known as Indonesian Migrant Workers, have 2 placement channels, namely official and unofficial channels. The official channel is carried out by an official company that performs Indonesian Migrant Worker Delivery Services under applicable legal provisions by providing legal certainty and legal protection to Indonesian Migrant Workers starting from initial recruitment to working abroad in accordance with applicable regulations. Meanwhile, unofficial channels are carried out through various kinds of unofficial companies, such as through departure agents abroad and domestic agents. Meanwhile, domestic agents for migrant workers are sent to Saudi Arabia, namely,there are agents around Jakarta, for workers who will work in Singapore and Malaysia, the agents are on the island of Batam. Then those who work in Australia and so on are shipping agents with offices in Bali.4

Based on observations that unofficial agents have not been registered with the Government for their business licenses, data cannot be recorded by the Government. This situation resulted in the exact number of Indonesian Migrant Workers as workers who were dispatched administratively and this resulted in legal certainty not being guaranteed. Therefore digitalization of data and digital supervision is needed to guarantee legal certainty.

In this regard, it is hoped that the writing of this scientific research will provide input on the importance of digitizing Migrant Workers to provide convenience in monitoring and coaching as well as protecting them. Then the next step before becoming an Overseas Migrant Worker must be training and coaching on skills. So that Migrant Workers who will be sent understand their rights and obligations as well as legal certainty regarding the salary to be received, legal certainty about health,and at the same time security and convenience when they return to their homeland safely. With the existence of a good and strong digitization database, it might be possible to push Indonesia to become a professional and responsible Migrant Worker exporting country and have their rights and obligations protected.5

Based on the data, the number of Indonesian Migrant workers is significantly large:

Number of Indonesian Migrant Workers (TKI) by Places (thousands of people)

No. Countries 2018 2019 2020

1 Malaysia 1,902 1,883 1,633

2 Singapore 99 103 88

3 Brunei 31 33 9

file:///C:/Users/ACER/Downloads/data_15-11-2022_Laporan_Publikasi_Bulan_Oktober_2022-7.pdf accessed on 10 December 2022 at 21.51 WIB

Martin Roestamy, Discussion and interview of Indonesian migrant workers on Saturday, 10 December 2022 Ibid.

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3

4

4 Kong 208 250 231

5 Taiwan 264 328 283

6 Korea 28 30 9

7 Japan 23 23 7

8 Saudi 961 Arabia Darussalam

4 South Hong 45 36

10 Australia 1 1 1

Source:

Bank Indonesia and BNP2TKI6

Based on the data above, it is studied that the digitization system is important for facilitating Supervision of Guidance and attention for Migrant Workers working Abroad. Indonesian migrant workers in various countries need support. The government is also responsible for protecting its citizens, especially regarding Migrant Workers working abroad, as in the example above. Digitalization and online networks can strengthen services provided to migrant workers and strengthen migration management.7

B. Identification of Problems

Accordingly, from the phenomena and background above, the identification of problems is as follows:

1. What are the reasons for considering Indonesian Migrant Workers working abroad?

2. What is the monitoring system for migrant workers through digitalization for legal protection and legal certainty?

C. Research Objectives

1. To find out and analyze the abroad;

2. To find out and analyze the legal protection and legal certainty.

D. Research Methods

The writing method used in writing is the legal research method (legal research) thus it is normative research based on values/norms in accordance with applicable legal provisions (doctrinal research). While the legal materials used are Primary, Secondary, and Tertiary legal materials related to the Migrant Worker Digitalization System in Indonesia. The approach used is a statutory and case study approach by observing and studying Indonesian Migrant Workers (PMI) and a conceptual approach. review of applicable laws related to legal issues of Indonesian migrant workers.

reasons for consideration of Indonesian Migrant Workers working digitization system for controlling Indonesian migrant workers for

https://bp2mi.go.id/statistik-penempatan accessed on 10 December 2022 at 20.15 WIB

Michiko Miyamoto, Director of the ILO for Indonesia, in

https://www.ilo.org/jakarta/info/public/pr/WCMS_647402 /lang--en/index.html accessed on 10 December 2022 at 22.09 WIB

6

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The author succeeded in analyzing the bibliometrics on the topic of the digitization system for monitoring migrant workers in legal protection with the keywords migrant workers, the digitization system, and legal protection were successfully carried out. The results of the bibliometric analysis show the following:

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V Pekeija migran, sistem digitalisa-, G Google Sch... •/ Journal, periindungan pekerja m_, G Google Sch... X digitization, land sector, land la... G Google Sch... £ digitizing, the land, sector in In... G Google Sch...

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452 2560 640.00 24 47 19 4.75 18 24 12/13/2022 12/13/2022 0

21 60 15,00 5 7 4 1,00 4 0 12/13/2022 12/13/2022 0

960 61654 12330,80 113 203 78 15,60 64 496 11/12/2022 11/12/2022 89

999 11754 2350.80 49 93 29 5.80 29 110 11/9/2022 11/9/2022 0

Google Scholar search

Authors:

Pubication name: Title words:

: 2018 - 2022

Keywords:

Pekerja migran, sistem digitalisas!, periindungan hukum

Maximum number of results: 500 Include: Q CITATION records O Patents

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Ra... Authors

1 F Aziz, KA Sudiarawan

2 Al№san

3 RB Putrajaya

4 WWA Wrnarto

5 U Giyono

6 SH Anna Yulianti

7 R Renita, I Iriansyati, I Afrîta

8 FXAT Laksono, SD Astuti...

9 NELMahfudzi

10 L Lelisari, I Imawanto, Y Erwin

11 AR Sridad i, SH I man Prihandono, LLM M_

12 N el Mahfudzi

13 ED Manurung, LA Bakar, T Handayani

14 AB TARtGAN

15 NLWSR Ginarrtra, J Simamnata. RA Purba,_

16 EWidyawati

17 SDjanieb

18 M Riananda. M Evendia, Y Neta

19 S Amal

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20 D Ambarwati

21 HS Disemadi

Title

PERAN PEMERINTAH DALAM UPAYA PERIINDUNGAN PEKERJA MIGRAN INDONESIA

Upaya Pemerintah Indonesia Dalam Menangani Persoalan Peke-rja Migran Indonesia (PMI) Overstay Di Arab Saudi Periode 2014-2020

Kebijakan Pemerintah Indonesia Dalam №rlindungan Pekerja Migran Indonesia Di Malaysia: Studi Komparatif Pada Masa №merintahan Susilo Bannbang ...

Peran Fintedidalam Usaha Mikro Kecil dan Menengah (UMKM)

... DAN MASALAH SOSIALTENAGA KERJA DI INDONESIA DALAM KAJIAN HUKUM (Studi Kasus PHK sebagai Efek Digitalisasi di Kabupaten Cirebon Tahun Urgensi Digitalisasi Sistem ftsndaftaran Tanah

PERUNDUNGAN HUKUM TERHADAP HAK-HAK PEKERJA AKIBAT PEMUTUSAN HUBUNGAN KERJA BERDASARKAN PERJANJIAN KERJA BERSAMAPADA...

Peningkatan kemampuan digitalisasi promosr dan pemasaran produk kelompok eks-buruh migran di Kabupaten Wonosobo

PEMANFAATAN TEKNOLOGIINFORMASI DAN KDMUNIKASI DALAM PERUNDUNGAN WARGA NEGARA INDONESIA DILUAR NEGERI

Periindungan Hukurn Bagi Pekerja Cyber Pada Transportas Online

Kebijakan Ketenagakerjaan dalam Skema Negara-Negara ASEAN+ 3

Tata Kelola terlindunganWarga Negara Indonesia dalam Melakukan Peran Diplomasi Digital

Kepastian Hukum Dalam Periyelenggaraan Layarían Dompet Elektronik Dalam Sistem Ffem baya ran Dikaitkan Dengan Prinsip Lancar, Aman, Efisien, Dan An ANAUSIS FRAMING PEMBERITAAN TKI PADA MAJALAH PARLEMENTARIA DPR Rl EDIS1143TAHUN 2016 SAMPAIEDIS1168 TAHUN 2018 Teknologi Finansial: Sistem Finansial Berbasis Teknologi di Era Digital

Laporan Magang di Kantor Badan Periyelenggaraan Jaminan Sosial Ketenagakerjaan Kabupaten Klaten pada Bagtan Kearsipan

KELAYAKAN PROSES TEKNOLOGI ELECTRONIC REGISTRATION AND IDENTIFICATION PADA PELAYANAN REGI DENT RANMOR GUNA.,.

PENYULUHAN PERUNDUNGAN HUKUM ATAS HAK MENYUSUI GUNA MENYUKSESKAN PROGRAM ASI EKSKLUS1F DI KABUPATEN PRINGSEWU

PROSES ANALOG SWITCH-OFF MENUJU DIGITALISASI PENYIARAN INDONESIA (Studi Análisis Faktor Penghambat ferubahan Sistem Analog Ke Digital)

URGENSI PEMBAHARUAN HUKUM DI ERA "METAVERSE" DALAM PERSPEKTIF HUKUM PROGRESIF

Urgensi regulasi khusus dan pemanfaatan artificial intelligence dalam meiMjjudkan periindungan data pribadi di Indonesia

Publication years: 2018-2022 Citation years: 4 (2018-2022)

Papers: 452

Citations: 2560

Cites/year: 640.00

Cites/papen 5.6c

Authors«1 paper: 1.87

h-index: 24

hLnorm:

h^ar.nual: 4.75

hA-mdac 18

Papers with ACC >= 1,2,5,10,20: 136,92,45,24,15

Copy Results ▼

Save Results ▼

Paper details

FBViN PEMERJKTAH DALAM UPAYA PERUNDUNGAN PEKERJA MIGRAN INDONESIA

F Aziz, KA Sudiarawan (2022)

periindungan hukum serta kehidupan... dan digitalisasi dan otomasi. Stsnaker membenkan

Open publisher's ve Open full text ver;

The method of studying this topic uses several stages. The first stage was harvesting data on Google Scholar with the keywords migrant workers, digitization systems, and legal protection for the period 2018 to 2022 and found 452 articles with a total of 2560 citations. Then the article is converted to RIS format and visualized and analyzed with bibliometric software, namely VOS Viewer with the following create the map:

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The picture above is about the minimum number of occurrences of a term taken.

The image above shows the number of terms to be selected by the author.

E. Discussion

Through bibliometric, the author gets several issues related to the discussion in this journal, namely as follows:

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Figure 1 Network Visualization

Figure 1 explains the results of the network visualization analysis showing that there are 3 clusters consisting of:

Cluster 1. 5 (five red items = data, law, systems and technology Cluster 2. 4 (four) green = analysis, digitization, Indonesia and Cluster 3 workers. 4 (four) blue items = community and migrant workers

Figure 2 Overlay Visualization

Figure 2 explains the year-to-year trend years on related topics that were researched from the timeframe of 2018 to 2022. Several colors that appear in Figure 2, the darker it starts with the purple color, the color indicates that the topic is research that appeared in 2018, and the lighter the green to the yellow color

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shows the latest research, and the topic yellow digitization, worker, the technology, the law is a topic that is currently being discussed or discussed.

Figure 3 Density Visualization

Figure 3 explains the density visualization of the keywords "Migrant Workers", "Digitalization", and "Legal Protection". Several colors that appear in figure 3. The yellow color indicates that the topic is being actively discussed and researched, namely system, law, digitalization,and Indonesia. The darker green color indicates research that has not been done much consisting of analysis, technology, data, society, and migrant workers.

1. Considerations for Indonesian Migrant Workers Working Overseas

Everyone has the hope of getting a job to meet the needs of himself and his family. Having a job is not just a socio-economic phenomenon, namely just the relationship between the availability of jobs on the one hand and the number of the workforce on the other. Having a job is a means of self-actualization for a human being so that he can fulfill his own needs and that of his family while at the same time developing his potential.8

The right to get a job is regulated in Article 27 paragraph (2) of the 1945 Constitution and is part of the noble values of Pancasila which must be implemented. Pancasila is a value, not a concrete legal rule that can be directly applied as positive law. Therefore, it cannot concretely directly regulate the life of society, nation, and state. The values contained in Pancasila must be used as a more concrete rule of law so that it

Commission National on Human Rights, Unemployment and Solutions from Perspective Human Rights (Right to Work), (Jakarta, Komnas HAM, November 2005). Pg.1

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can be applied to regulate people's lives. Rules of law are the most concrete form of values that directly interact with society, because their application can be enforced based on rules of authority.9

Theoretically, the law must be enshrined to maintain order and justice which can guarantee its suggestibility in common life. This is necessary as a prerequisite for living together to run well so that all members of society can transform together towards an ideal social order (Ideal State of Social Order). To achieve a common goal, namely an ideal social order, all sub-systems in shared life, such as cultural, social, political, and economic must be enshrined to help people achieve the ideal state of social order.10

Regarding Indonesian Migrant Workers (PMI) who work abroad, it is a joint responsibility of the Government and society so that legal certainty and legal protection can be realized according to reality. Indonesian Migrant Workers who struggle and work Abroad have the same hope as the Indonesian Government's hopes that its people can live a decent and prosperous life according to the goals of the State and several regulations related to Labor Law.

Based on Article 6 of Law Number 18 of 2017 concerning Protection of Indonesian Migrant Workers stipulates that: Every Indonesian Migrant Worker (PPMI) has rights and obligations. other laws that are still in effect. To ensure legal certainty for Indonesian Migrant Workers (PMI) must be written and fulfill the legal requirements of the Work Agreement.

Whereas those relating to legal protection for Indonesian migrant workers are regulated in Article 7 of Law Number 18 of 2017. To further strengthen and ensure legal protection and the implementation of Indonesian Migrant Workers, the Government and society must pay attention to and understand the applicable legal provisions so that the law can be implemented should. Regulations related to Indonesian Migrant Workers in addition to those previously mentioned are Law Number 39 of 2004 concerning Protection and Placement of Indonesian Migrant Workers Abroad, Law Number 37 of 1999 concerning Foreign Relations and understanding other relevant regulations in implementing Indonesian Migrant Workers so that their rights and obligations in the implementation of work relations are fulfilled.

According to Mustikawati Prabaningrum and Kusumawati, the supporting factors for the implementation of Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers are:11

a. Awareness and obedience of Indonesian Migrant Workers (PMI) to all existing laws and regulations both in Indonesia and in the country of placement;

b. The government plays and functions properly as mandated by law;

c. The government immediately evaluates existing policies by looking at the fact that there are many Indonesian Migrant Workers (PMI) who are not only victims of physical abuse, they even have to lose their lives;

Agus Setiawan, "Axiological Aspects of Agreements Made Before a Notary in the Perspective of Legal Philosophy with the Pancasila Ideology", Dialogia Juridica, Volume 6, ISSN: 2085-9945, April 2015, Pg. 107

Masyhudi, "Building an Integrity System for Eradication of Corruption in the Indonesian Judicial System". Journal of Law Ius Quia Iustum Volume 26 No.1, Yogyakarta, January 2019, P.60-61. Mustika Prabaningrum, Kusumawati," The Fate of Indonesian Migrant Workers (PMI) Abroad After Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers: Proceedings of the 2019 National Law Seminar (SNH), Theme of Legal Protection for Indonesian Migrant Workers, Ende, 2 May 2019, Pg.53

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9

10

d. All related parties make every effort to realize good legal protection by establishing synergy following their respective roles.

The inhibiting factors for the implementation of the protection of Migrant Workers in accordance with applicable regulations are:

a. There is no awareness and disobedience of Indonesian Migrant Workers (PMI) towards all existing laws, both in Indonesia and in countries where Migrant Workers are placed to become Indonesian Migrant Workers (PMI), illegally which not only harms himself but also harms the country;

b. The government lacks or even does not carry out its duties, functions, and authorities in to provide maximum legal protection for Indonesian Migrant Workers (PMI) both before, during, and after working for Indonesian Migrant Workers;

c. There is no synergy between all related parties for the realization of protection for Indonesian Migrant Workers (PMI) both before, during, and after being placed.

2. Digitalization System for Monitoring Indonesian Migrant Workers for Legal Protection and Legal Certainty.

The development of Indonesian Migrant Workers (PMI) which continues to increase requires legal protection and legal certainty to create the fulfillment of rights and obligations in the implementation of work relations. Fulfillment of rights and obligations to be carried out properly must be carried out in writing based on the legal terms of the Work Agreement as regulated in Article 1320 of the Civil Code.

Legal protection is an action or effort to protect society from arbitrary acts by authorities that are inconsistent with the rule of law, to create order and tranquility to enable humans to enjoy their dignity as human beings.12

Whereas legal certainty is a form of protection for justice-seekers against arbitrary actions, which means that a person will and can obtain something that is expected under certain circumstances.13

PMI increase data can be taken as an example as follows:

Setiono, Rule Of Law (rule of law), Master of Law in the Postgraduate Program at Sebelas Maret University, Surakarta, 2004, Pg 3.

Sudikno Mertokusumo, Chapters on Inventing Law, Citra Aditya Bakti: Bandung, 1993, p. . 2.

12

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Data on the placement of Indonesian Immigrant Workers based on Gender, Work Sector, Marital Status, and Education.14

Currently, the Director General of Immigration has attempted to integrate the performance of several sectors, especially in filing so that it is done electronically, this is useful for other government agencies to integrate data on citizenship or immigrant employees that are currently needed. This process standard is carried out following the existing Standard Operating Procedures (SOP) and based on the law. Improvements to archival management are continuing, from manual to information technology-based, so the synergy between stakeholders is needed so that data can be utilized properly.15

Several countries have used digitization to provide access to direct employment information to migrant workers and eliminate the role of middlemen, namely:

a. The TRIANGLE Program in ASEAN;

b. E-CARES in the Philippines; and

c. "Cool TKI" is developed by the Indonesian Ministry of Manpower in addition to remittances made by Bank Indonesia.16

<r О A ilo.org/asia/projects/WCMS_428584/tang--en/iridex.htm tr LI -ft :

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The existing Digitalization system has not been optimally implemented by the Government, it is still carried out by non-Governmental institutions which are more focused on carrying out their activities to protect Human Rights, especially related to Migrant Workers.

file:///C:/Users/ACER/Downloads/data_15-11-2022_Laporan_Publikasi_Bulan_Oktober_2022-7.pdf accessed on December 10, 2022, 21.51 WIB

https://portal.ahu.go.id/id/detail/ 75-news-lainnya/2509-digitalization-dan-migration-data-

kewarganegaraan-permudah-layanan-access-for-community accessed on 10 December 2022, 21.59 WIB https://www.ilo.org/jakarta/info/ public/pr/WCMS_647402/lang--en/index.htm accessed on 10 December 2022 at 22.47 WIB

Ibid

14

15

16

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The digitalization system is an activity that must be carried out continuously to support human activities toward globalization and modernization and the process of change that occurs using technological sophistication that is analog to digital technology.

The digitalization system is useful and makes it easy for humans to increase their activities socially, economically, legally, politically, culturally, and other more useful activities.

The digitalization system for the benefit of Indonesian Migrant Workers (PMI) will be very beneficial for Migrant Workers and their families, the Government, and society in fostering supervision of Indonesian Migrant Workers in carrying out their activities as Workers (before, during, and after work). At the time of departure and until placement, Indonesian Migrant Workers will be monitored properly so that legal certainty and legal protection will be achieved as expected.

The supervisory system for workers has been regulated by statutory provisions. Provisions governing Labor inspection are regulated in Chapter XIV concerning Inspection from Article 176 to Article 181 of Law Number 13 of 2003 concerning manpower.

Labor inspection is carried out by labor inspectors who are competent and independent to ensure the implementation of labor laws and regulations. (Article 176 of Law Number 13 of 2003).

If labor inspection is strengthened by the Digitalization System for all related to the labor sector, including supervision of Indonesian Migrant Workers, it is hoped that there will be no problems in the labor sector that will decrease or no problems will occur at all. One of the problems includes persecution and the non-implementation of rights and obligations in employment relations for the parties, especially Indonesian Migrant Workers (PMI) with their employers or employers. It is hoped that there will be legal certainty and legal protection if supervision can be carried out properly.

F. Conclusion

The conclusions of the research are as follows:

1. Several considerations for Indonesian Migrant Workers work abroad to improve life socially and economically because wages abroad are higher than in Indonesia. Indonesian Migrant Workers (PMI) have great hopes economically and socially that by working abroad they can achieve decent living needs and meet their own needs and those of their families as expected.

2. The digitalization system for supervising Indonesian Migrant Workers for legal protection and legal certainty is a very good step to facilitate the development of supervision and improvement of services and guidance both before, during, and after working from Indonesia to the country of placement as Indonesian Migrant Workers.

G. Suggestions:

Suggestions from Research are:

1. The legal protection and supervision of Indonesian Migrant Workers (PMI) that continuously increased to become the responsibility of the Community Government are recommended to continue to increase their understanding of Rights and Obligations seriously by studying the provisions of labor laws and regulations related to Workers Indonesian migrants.

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2. It is recommended that the digitization system continues to be maximized as one of the important accesses for the Government and Society to carry out supervisory guidance as well as useful training for Indonesian Migrant Workers and to become reliable Indonesian Migrant Workers before during and after work so that legal certainty and legal protection can be realized as it should be.

Bibliography

National literatures

[1] Commission on Human Rights, Unemployment Problems and Their Solutions Viewed from the Perspective of Human Rights (Right to Work), (Jakarta, Komnas HAM, November 2005)

[2] Setiono, Rule Of Law (law supremacy), Master of Law, University Postgraduate Program Eleven March, Surakarta, 2004

[3] Sudikno Mertokusumo, Chapters Concerning Legal Findings, Citra Aditya Bakti: Bandung, 1993 Laws and Regulations

[1] 1945 Constitution of the Republic of Indonesia

[2] Law Number 17 of 2017 concerning Protection of Indonesian Migrant Workers

[3] Law Number 13 of 2003 concerning employment.

[4] Law Number 39 of 2004 concerning Protection and Placement of Indonesian Migrant Workers Abroad,

[5] Law Number 37 of 1999 concerning Foreign Relations Journals

[1] AG. Eka Wenats Wuryanta, Digitalization of Society: Examining the Strengths and Weaknesses of the Dynamics of the Digital Information Age and the Information Society, in the Journal of Communication Studies Volume 1 Number 2 December 2022

[2] Agus Setiawan, "Axiological Aspects of Agreements Made Before a Notary in the Perspective of Legal Philosophy with the ideology of Pancasila", Journal of Dialogia Juridicia, Volume 6, ISSN: 2085-9945, April 2015.

[3] Masyhudi, "Building a System of Integrity for Eradicating Corruption in the Indonesian Judicial System". Journal of Law Ius Quia Iustum Volume 26 No.1, Yogyakarta, January 2019.

[4] Mustika Prabaningrum, Kusumawati, "The Fate of Indonesian Migrant Workers (PMI) Abroad After Law Number 18 of 2017 concerning Protection of Indonesian Migrant Workers: Proceedings of the National Seminar on Law (SNH) 2019, Theme of Legal Protection for Indonesian Migrant Workers, Ende, 2 May 2019

Electronic Media

[ 1] file:///C:/Users/ACER/Downloads/data_15 -11 -2022_Laporan_Publikasi_Bulan_Oktober_2022-7.pdf accessed on 10 December 2022 at 21.51 WIB

[2] https://bp2mi.go.id/statistik-penempatan accessed on 10 December 2022 at 20.15 WIB

[3] https://portal.ahu.go.id/id/detail/75-berita-lainnya/2509-digitalisasi-dan -migration-data-kewarganegaraan-simple-services-access-for-the community accessed on 10 December 2022 at 21.59 WIB

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[4] https://www.ilo.org/jakarta/info/public/pr/WCMS_647402/lang--en/ index.htm accessed on 10 December 2022 at 22.47 WIB

[5] Michiko Miyamoto, Director of the ILO for Indonesia, in https:// www.ilo.org/jakarta/info/public/pr/WCMS_647402/lang--en/index.html accessed on December 10, 2022, 22.09 WIB

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