Ratification of United Nations Convention on Legal Protection of Migran Workers and Members of Their Families in National Employment Law

Working is human rights which have to be protected and guaranteed its fulfillment. Therefore no one can prevent other people from working in their own country or abroad, because working is related to an effort someone makes to sustain his or her life. What really matters is how the country protects its people, especially those who are working abroad so that they can be treated as dignified human beings. Theoretically, Indonesia is a welfare state, i.e. the state is not only to protect the people or the citizen but also to partake to guarantee the welfare of the people. The Act No 39 of 2004 on employment and protection of Indonesian workers abroad, however, gives wide-scale responsibility to the private sector, in this case PTKIS, ranging from informational distribution or circulation, recruitment, education, training, document administration, departure and protection of TKI. This is not in accordance with the welfare state. The Article 7 e in Act 39 of 2004 on protection of TKI ranges from before employment, at the time of and after employment. But in the chapter VI, articles 77-84 on protection of TKI only cover at the time of employment.