Protection Toward Undocumented Migrant Workers Based on International Human Right Law

Abstract

The absence of jobs availability in Indonesia triggers the increasing number of Indonesian Migrant Workers. Further supporting factor of it is the image of the capability in receiving high payment in order to improve the living standards. Those factors have been the most significance reasons people choose to be the migrant worker although they knew or could not have been unaware what that the famous consequences of being migrant workers were. 2011 data showed that the total unemployment in Indonesia reached to 8.12 million people and the poverty rate reached to 29.98 million people. The government has not been able of solving the needs of jobs availability and facts showed the opportunities of becoming the migrant workers have been reaching to a large extent. Problem appeared when length of bureaucracy for the permission of being migrant workers has been difficulties for people so they took shortcut on becoming migrant workers illegally. Undocumented migrant workers are susceptible to get abuse and other harmful violations committed by the employers. Therefore, they shall get the protection in the receiving country since the protection of citizen is one of the absolute functions of any governments existed throughout the world. Thus, the government of Indonesia is responsible for protecting their undocumented migrant workers without discriminating their working status there. One way government can accomplish is by hardly attempt of avoiding them on becoming undocumented migrant workers. Nevertheless, it is undeniable that there is numerous numbers of undocumented migrant workers exist throughout the world. Receiving countries are also responsible to solve this problem, they may be able to protect any discovered undocumented migrant workers and return them to their origin country. This huge problem lets us aware of the factors triggering the existences of undocumented migrant workers so we may be able of solving it by referring the way international human rights law protect the undocumented migrant workers since it caused loss to the receiving state.