Karya Ilmiah

DISERTASI (130) - Tanggung Jawab Negara Dalam Perlindungan Hukum Bagi Tenaga Kerja Indonesia Wanita di Luar Negeri

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ABSTRACT

This dissertation discusses three interrelated legal issues of Indonesian women migrant workers, which are: (1) the principle of state responsibility on legal protection for TKIW; (2) the characteristic of legal protection for TKIW; and (3) the enactment of the principle of state responsibility in relation to legal protection for TKIW within the national law, the international law, and the court jurisdiction. This research is legal research using statute, conceptual, comparative and case approaches. The philosophy of state responsibility stems from the recognition and protection of human rights. Indonesia is a state of law where the constitution guarantees its citizens to work. State responsibility is based on duties of the state to protect citizens with the application of international minimun standards and human rights conception. The responsibility to protect TKIW is a form of government interference to unequal position between workers and employers. The fundamental principle of gender equality may provide specific protection for TKIW who may be victimized because of their gender status as women. On the other side, the characteristic of legal protection regulation for TKIW comprises several aspects, which are gender-based legal protection, legal protection based on CEDAW convention, and legal protection based on the international convention on protection of the rights of migrant workers and their family. The legal protection can be in forms of regulation on reproductive rights of TKIW, the settlement of TKIW cases, administering opportunities by enhancement of the capacity of TKIW, enacting domestic worker as a type of workers, and dismissal of formal and informal occupation dichotomy. The regulation of the responsibility of legal protection for TKIW may be embodied through regulating and implementing state responsibility principle and human rights recognition, regulating the rights of TKIW within norms, regulating the protection within the system of placement (pre, during and post-placement). In case of court decisions about the implementation of protection for TKIW has been conducted but not maximized.
Keywords : responsibility, legal protection, women migrant workers

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Ketersediaan

031217017311

0130

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

130

Penerbit

Surabaya : Fakultas Hukum Unair., 2016

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM KETENAGAKERJAAN

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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