PERLINDUNGAN HUKUM DALAM PENEMPATAN TENAGA KERJA INDONESIA DI MALAYSIA

Sembiring, Arthur Malinton (2008) PERLINDUNGAN HUKUM DALAM PENEMPATAN TENAGA KERJA INDONESIA DI MALAYSIA. S2 thesis, UAJY.

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Abstract

This thesis aims to find out how is the legal protection for Indonesian labour (TKI) at Malaysia that covering pre placement, placement, and postplacement, and the factors that causing the law violation in order to TKI’s placement at Malaysia that covered pre placement, placement and post-placement. This is because the law of TKI’s protection that still has not been implemented maximally because it is not covering the law protection aspects for TKI that consist of pre-placement, placement and post-placement, while the law violation in order to TKI’s placement at Malaysia today was potentially occurs. This thesis is a normative legal research by studying many legal literature and which is focusing to positive law norms. This thesis is using Statue Aprroach and law politic approach. The result of Statue Aprroach and law politic approach will be the basic to determine how is the law in Indonesia should be arranged to give the legal protection for a party that is suffering a loss because presence of law violation in the placement of Indonesian. The research result is presenting that the law rule that ruling about law protection in order to TKI’ s placement at Malaysia pre-placement, placement and post-placement has been enough and both of vertically and horizontally is noconflict The factors that causing law violation in order to TKI’s placement at Malaysia is pre-placement through the most of intermediary in TKI’s recruitment process, in placement process that is not compatible with the agreement and the post-placement is The Terminal 3rd of Soekarno Hatta cannot realizing the earlier concept about the importance of Terminal 3rd as a parts of protection to TKI’s.

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