The Responsibility of National Institution For Placement And Protection of Indonesian Workers In Overseas Based On Perspective of Human Rights

S, Thamrin (2017) The Responsibility of National Institution For Placement And Protection of Indonesian Workers In Overseas Based On Perspective of Human Rights. Man in India, 97 (20). pp. 17-36. ISSN 0025-1569

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Abstract

National constitutes is part of human right inherent to every one and option against work. Based on article 38(2) UU No. 39/1999 on human right mention that “every people is freely to choose profession as he like and titled on behalf of conditions of fair labour” It is also including those who are willing to working in overseas. Responsible of the government related to human right, appreciate, protect, enforce and advance human right governed by UU No. 39 2004, as well as in international law on human right. The main issues in this research are; first, how does responsibility of National Agency of Placement and Protection of Indonesian Workers (BNP2TKI) against Indonesian labor in overseas based on persepective of human right. Second, how does the coordination between BNP2TKI with ministry of labor, Republic of Indoneasia Embassy and foreigh affair ministry against the replacement of Indonesia labor in overseas correlated with states responsibility in offering the protection of Human Right. The results of these research a first, the form of BNP2TKI responsible against replacement of Indonesia in Labor based on written agreement between the government of the user of Indonesia’s labor or the entrepreneur of destination state, giving services, coordinating and supervising related to document, final preparationof dispatch, dispute resolution, sources of budgeting, dispatch until to the arrival, enhaucing quality of candidate of Indonesia labor, information, quality of committee of candidate of Indonesia labor replacement and on haucing prosperity of Indonesia’s labor and that family (article 94 and 95 UU 39/2004. Second, coordination of BNP2TKI against protection of human right consist of the labor ministry, province government, regency or district government, Indoneiia’s embassy or foereign ministry a PPTIS. Coordination will be effective in the government implement it’s responsibility fulltable with it’s authority, mainly the protection of human right for all of Indonesia labor since pra-despatch, on the time of working, pasca working (Art, 5, 6, 7 UU No. 39/2004). In order the violence of human right unrepeated, government is hoped to review regulation on the replacement of Indonesia labor in oversea and to enhance coordination among corelated institutions in order to give responsibility against human right, by adequate budget for all institutions against the handling of rights violation to the Indonesia’s labor.

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