Skripsi

PENERAPAN MEMORANDUM OF UNDERSTANDING (MOU) ANTARA INDONESIA DAN MALAYSIA TAHUN 2022 TERHADAP PERLINDUNGAN PEKERJA RUMAH TANGGA MIGRAN DITINJAU DARI INTERNATIONAL LABOUR ORGANIZATION DOMESTIC WORKERS CONVENTION (C189)

---

This research is motivated by numerous cases of violations of the rights of migrant domestic workers in Malaysia, which contradict the bilateral agreement embodied in the 2022 Memorandum of Understanding (MoU), including through recruitment practices that are outside the scope of the agreement. This research aims to analyze the implementation of this bilateral agreement as reviewed through the principles of the ILO Domestic Workers Convention (C189) and to examine the challenges faced in its implementation using a normative legal method. The research findings demonstrate that the bilateral agreement signifies substantial progress and effectively aligns crucial provisions concerning the protection of migrant domestic workers’ rights as outlined in the ILO Domestic Workers Convention (C189), such as the right to a written employment contract, provisions for working hours and rest periods, minimum wage payment, dual social security, and the prohibition of passport retention. However, that agreement still exhibits several deficiencies: it does not guarantee the right to freedom of assembly and association, the right to negotiate housing provisions, and lacks a mechanism for periodic wage adjustments. Furthermore, Malaysia’s non-compliance can be evaluated through the principles of pacta sunt servanda and good faith, which establish that agreements create binding rights and obligations that must be honored and executed in good faith. The main challenges in its implementation include issues with formal and informal recruitment channels; weaknesses in supervision and law enforcement; and conflicts of interest between Indonesia, which prioritizes protecting migrant workers' rights, and Malaysia, which prioritizes cheap labor.

---

Availability

Detail Information

Series Title

-

Call Number

T2008092026

Publisher

Indralaya : Prodi Ilmu Hukum, Fakultas Hukum Universitas Sriwijaya., 2026

Collation

xiii, 133 hlm.; 29 cm.

Language

Indonesia

ISBN/ISSN

-

Classification

344.010 7

Content Type

Text

Media Type

-

Carrier Type

-

Edition

-

Subject(s)

Hukum Ketenagakerjaan
Prodi Ilmu Hukum

Specific Detail Info

-

Statement of Responsibility

MI

Other version/related

File Attachment

Comments

---

You must be logged in to post a comment