KAJIAN YURIDIS TENAGA KERJA MIGRAN MENURUT KONVENSI ILO (International Labour Organization) No. 97 Tahun 1949 TENTANG IZIN TENAGA KERJA MIGRAN DAN IMPLEMENTASINYA DI INDONESIA

Abstract

ABSTRAK Migrant Workers are foreign nationals of visa holders with the intention of working in the territory of Indonesia. The migrant labor problem that arises today is a violation of residence permit or work permit. There is an arbitrary authority on the part of the company in taking care of the completenes of migrant labor permits so that many user companies often hide illegal migrant labor. This is regulated in ILO Convention No.97 of 1949 on migrant labour permits. Problem fomulation: 1.How is the provisions of migrant labor according to ILO Convetion No. 97 of 1949? 2.How is the implementation of migrant labor in Indonesia? Research methods are used normative legal research with secondary data sources consisting of primary legal materials, secondary legal materials, and tertiary legal materials, with document study data colletion techniques, qualitively analyzed data. Results of the study: 1). The arrangement of migrant labor is stipulated in ILO Convention No.97 of 1949 in Annex I Article 5 dan Article 8 mentions that migrants workers are requiredvto have documents provided by their employer before being sent to the destination country, the document is in the form of a license using migrant labor, position held, working conditions, as well minimum salary and the application of legal sanctions for those who promote the existence of illegal migrant labor. 2). Implementation of migrant labor where Indonesia has not ratified ILO Convention No.97 of 1949 but the provisions related to illegal migrant labor are stipulated in Articles 42 to 49 of law No. 13 of 2003 on Employment regulate the use of Foreign Workers by asking for written permission from the minister or appointed official if it is not done means the employer has hired illegal Foreign Workes.