Isu Regulasi dan Masalah Pelaksanaan dalam Pengiriman Tenaga Kerja Indonesia ke Malaysia: Perspektif Indonesia (2002-2011)

The Indonesian government's inability to provide suitable work opportunities within its country has resulted in an increasing number of unemployment. This had led to an influx of Indonesian migrants going overseas to seek for greener pastures elsewhere. This turn of event has consequently created a golden opportunity for the Indonesian government to gain revenues from its own citizens working in foreign countries. In implementing such policy, the Indonesian government has produced Regulation Number 30 on manpower in 2004; along with the Presidential Decree Number 81 in 2006. This study attempts to examine the weaknesses of such regulations and established that the weakness of the Indonesian bureaucracy has severely affected the sending of Indonesian overseas workers to Malaysia, whereas the regulation system has yet to produce legal protection for its own overseas workers. This research has employed applied qualitative research method through intensive interviews involving 22 informans, and a critical examination on legal matters dealing with manpower. This study provides a theoretical framework based on the idea of international migration, legal protection as well as incorporating the Indonesian law in dealing with its welfare state. The findings of this research show that there are weaknesses in the areas of regulations and the implementation of rules, i.e. the lack of regulation concerning Indonesia overseas workers legal protection, which later produce subsequent problems between Indonesia and Malaysia, which constitute the focus of this study. This research also finds that the problem is actually due to lack of regulation system in sending the Indonesian workers overseas. It is needed for the government to strengthen the current regulation system by improving the sending process of the Indonesian workers overseas. Finally, it is hoped that this research can provide a greater understanding of the Indonesian overseas workers.