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Legal Literacy Strengthening for Indonesian Migrant Workers: Self-Help Ability to Survive the Life
Vera Bararah Barid1, Sri Wahyu Kridasakti,2 Purwaningdyah Murti Wahyuni3
1 The National Research and Innovation (BRIN), Indonesia E-mail : [email protected]
2 Universitas Terbuka, Indonesia E-mail : [email protected]
3 Universitas Terbuka, Indonesia E-mail: [email protected]
Submitted: July 22, 2022; Reviewed: August 26, 2022; Accepted: October 02, 2022
Article Info Abstract
Keywords:
Legal literacy, Indonesian Migrant Workers, Human Rights
DOI:
10.25041/fiatjustisia.v16no3.2673
Indonesian migrant workers are foreign exchange heroes, and their presence can get better welfare for their families and surrounding communities.
However, the state's contribution to Indonesian migrant workers is still not maximized. It can be seen in several cases faced by Indonesian migrant workers in destination countries. One of the main factors causing various legal problems faced by migrant workers is the lack of knowledge and skills in the practical field of law related to their work and work environment. This paper will discuss legal literacy as the determinant factor to be mastered by Indonesian migrant workers to survive working in other countries. This socio-legal research uses a qualitative approach; the data used are primary that have been collected for the last three years (2020- 2022, and secondary data. Primary data is based on survey results (2020) and FGDs with experts conducted in the previous three years. The secondary data comes from journals, books, reports, and other related articles. This paper concludes that the distance education and learning platform with continuing education (non-degree) service format is the most suitable and efficient design for providing access to education for migrant workers to survive their life in overseas.
A. Introduction
The sending of labor abroad carried out by developing countries is due to limitations in the provision of employment in their country. Indonesia is one
ISSN: 1978-5186 | e-ISSN: 2477-6238.
http://jurnal.fh.unila.ac.id/index.php/fiat
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of the developing countries that have a large population. Hence, one of the policies taken by the Government is to send its workforce abroad.1 Indonesia is also known as the second country after the Philippines in terms of placement of workers abroad among ASEAN countries (International Labor Organization/ILO, 2015).2 Migrant workers have been recognized as
"remittance heroes" through their significant contribution to the national economy.3 Studies by Eversole and Shaw (2010) revealed that remittance from migrant workers had become a source of development including in Indonesia.
As the country and the family have strongly recognized their contribution, they face various types of habitual abuse during recruitment, work, and repatriation.4 Some Indonesian migrant workers experience various obstacles to surviving in the country where they work, especially those related to their rights and obligations as workers. This risk can be experienced by Indonesian migrant workers both during the departure process while working abroad and after returning from Indonesia.5 The issue of Indonesian migrant workers has indeed become part of the crucial problems of the Indonesian nation, ranging from civil issues (defaulting employment contracts), criminal matters (work violence, sexual harassment at work, threats of the death penalty), family issues (infidelity, divorce and neglect). children), human trafficking, drug networks, fundamentalist group networks, to the issue of legal literacy for Indonesian Migrant Workers.
An obvious example is that in 2010, for no apparent reason, Sumiyati, a migrant worker from West Nusa Tenggara who was working in Saudi Arabia at that time, was brutally abused by her female employer and then burned
1 Deny Tri Wahyudi, “Legal Protection for Indonesian Migrant Workers Abroad,” Mimbar Keadilan, Jurnal Ilmu Hukum July – November 2015, p. 170 – 184 see also intercession, Rahmad et al. stated that the Indonesian government had taken steps to overcome unemployment by implementing a program of placing workers abroad to become Indonesian Migrant Workers or what is currently referred to as Indonesian Migrant Workers Syafa' at, Rachman, and Fatturachman, Dahlan, Initiating a Pro TKI Policy, (2002), Malang: Lapera Pustaka Utama.
2 Raharto, Aswatini, “Pengambilan Keputusan Tenaga Kerja Indonesia (TKI) Perempuan Untuk Bekerja di Luar Negeri: Kasus Kabupaten Cilacap,” Jurnal Kependudukan Indonesia 12, no. 1 (2017): 39-5.
3 Rodriguez, R. M., “Migrant heroes: Nationalism, citizenship and the politics of Filipino migrant labor.” Citizenship Studies 6, no. 3 (2002): 341–356. https://doi.org/10.1080/
1362102022000011658; Farris, E. M., & Silber Mohamed, H., Picturing immigration: How the media criminalizes immigrants. Politics, Groups, and Identities 6, no. 4 (2018): 814–824.
https://doi. org/10.1080/21565503.2018.1484375.
4 Bal, C. S., & Gerard, K, ASEAN’s governance of migrant worker rights. Third World Quarterly 39, no. 4 (2018): 799–819. https://doi.org/10.1080/
5 Loso, “Perlindungan Hukum Tenaga Kerja Indonesia di Luar Negeri,” Pandecta Jurnal Penelitian Ilmu Hukum, no. 2 (2010): 210 – 217.
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alive. Her charred body was left on the top floor of the house.6 In 2017, Wasni, a migrant worker from Cirebon Regency, West Java, became a victim of torture by her employer in Riyadh, Saudi Arabia; the victim was also not given a salary for almost four years of work.7 In 2018, Adelina Lisao, an Indonesian migrant workers from Nusa Tenggara Timur, who died in Penang due to malnutrition and injuries allegedly caused by the employer's violence, and of course, there are many other cases.8 Furthermore, if you look at one of the cases in Taiwan, according to Dian, there are six problems that are most often faced by Indonesian migrant workers, namely unpaid/unpaid salaries, work accidents, repatriation of Indonesian migrant workers, sexual harassment, abuse, and illegal/runaway Indonesian migrant workers.9
Discrimination is a part of life for migrants. Migrant workers, for example, have been portrayed in the local media as troublemakers and a burden on the country.10 Amid uncertainty in their home country, migrant workers also face the arduous task of accessing citizenship (Ellermann 2020; Ishii 2021).
Unequal treatment of migrant workers has even occurred at immigration checkpoints as a consequence of Indonesian government policy,11 even though Indonesia has ratified the ICESCR through Law No. 11 of 2005. It is obliged to respect, protect and fulfill the rights regulated in the convention, one of which is to provide employment opportunities and access to information on employment for its citizens.12
The protection of migrant workers is part of the right to work and the right to work which is a fundamental human right These rights are regulated in Article 23 of the Universal Declaration of Human Rights and Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR)
6 Puthut Dwi Putranto Nugroho, “Kisah Sumiyati, TKI dari Grobogan yang Tewas Dianiaya
Majikannya di Arab Saudi”, (2018) URL:
https://regional.kompas.com/read/2018/01/11/09060501/kisah-sumiyati-tki-dari-grobogan- yang-tewas-dianiaya-majikannya-di-arab?page=all,
7 Toiskandar, “Wasni TKI Asal Cirebon Kerap Disiksa dan Tak Digaji Selama 45 Bulan”, (2017) URL: https://daerah.sindonews.com/read/1251784/21/ wasni-tki-asal-cirebon-kerap- disiksa-dan-tak-digaji-selama-45-bulan-15089874 46.
8 BBC News Indonedia, “Adelina: TKI yang meninggal di Malaysia akibat kurang gizi dan luka-luka membuat 'marah bangsa',” (2018) https://www.bbc.com/indonesia/trensosial- 43044843,
9 Dinda Noor Utami, “Upaya Indonesia Dalam Menyelesaikan Permasalahan Pekerja Migran Indonesia di Taiwan 2018-2020,” eJournal Ilmu Hubungan Internasional 8, no. 4 (2020): 849.
10 Eberl, J.-M., Meltzer, C. E., Heidenreich, T., Herrero, B., Theorin, N., Lind, F., Berganza, R., Boomgaarden, H. G., Schemer, C., & Stro ̈mba ̈ck, J, “The European media discourse on immigration and its effects: A literature review,” Annals of the International Communication Association 42, no. 3 (2018): 207–223. https://doi.org/ 10.1080/23808985.2018.1497452
11 Silvey. R, “Unequal borders: Indonesian transnational migrants at immigration control,”
Geopolitics 12, no. 2 (2007): 265–279. https://doi.org/10.1080/14650040601168917
12 Sri lestari Rahayu, et. al, “Perlindungan HAM Pekerja Migran: Kajian Normatif Kewajiban Indonesia berdasar Prinsip-Prinsip dan Norma-Norma Hukum Internasional,” Yustisia 2, no.1 (2013): 113.
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1966.13 Based on the Migrant Workers Convention 1990 Article 2 paragraph (1). The Government of Indonesia seeks to provide protection for Indonesian Migrant Workers in Article 27 paragraph (2)14 and Article 28D paragraph (2) of the 1945 Constitution15 through the development of the employment sector is an integral part of development based on Pancasila. However, without Article 28D paragraph (1) of the 1945 Constitution16 namely the fulfillment of the human right to education, it is impossible to create an effort to develop the labor sector.
The importance of knowledge related to law for Indonesian migrant workers is very crucial, especially for the protection of Indonesian migrant workers and prevention of criminal or criminal acts. Widayanti and Sartika (2020) showed a positive influence between pre-departure training and acculturation stress moderated by personal resources. It suggests that personal resources amplify the effect of pre-departure training on acculturation stress.
The higher the personal resources possessed by migrant workers, the stronger the influence of pre-departure training on acculturation stress. This finding supports the statement that personal resources are one of the main indicators that affect individual performance in the workplace.17
Based on this background, the authors attempt to analyze the program to encourage Indonesian migrant workers to work overseas due to the limited time and conditions experienced. The authors examine the legal literacy needed by Indonesian migrant workers as a self-help ability to survive their life abroad. The authors hope to find a suitable method to advocate for Indonesian migrant workers and help to abuse the criminal act while living overseas. This research is expected to contribute to legal education, especially for Indonesian migrant workers and human rights studies. This research's novelty will significantly strengthen Indonesian migrant workers in Law and other related issues through distance education and learning platforms with continuing education (non-degree) service format.
The research method used in this paper is socio-legal research with a qualitative approach using primary and secondary data. The primary data was taken from a survey and FGD with the experts held in the current three years
13 Majda El Muhtaj, “Dimensi-dimensi HAM, Mengurai Hak Ekonomi, Sosial dan Budaya,”
Jakarta: PT Rajagrafindo Persada, (2008): 182-183
14 "Every Indonesian citizen has the right to work and a decent living for humanity."
15 "Everyone has the right to work and receive fair and proper remuneration and treatment in an employment relationship."
16 "Everyone has the right to recognition, guarantee, protection, and fair legal certainty and equal treatment before the law."
17 Widayanti dan Sartika, “Pre-Departure Training and Personal Resources: How it Affects Acculturative Stress?,” Jurnal Etikonomi 19, no. 1 (2020): 31 – 40. ISSN: 1412-8969; E-ISSN:
2461-0771, https://doi.org/10.15408/etk.v19i1.11884.
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(2020 – 2022). The secondary data was taken from several published sources of books, journals, articles, and other resources related to this research.
B. Discussion
1. Basic Human Rights Principles and the Need for Legal Education for Indonesian Migrant Workers
Working overseas appears very challenging and in terms of job availability, most Indonesian migrants gained employment in the so called 3D (difficult, dirty, and dangerous) sectors abandoned by locals.18 Indonesian migrant workers have experienced numerous challenges from the onset until the eventual homecoming. For instance, most persons were subjected to diverse forms of exploitation during recruitment, work, and repatriation processes.19 The public and media discourse in host countries portrayed the immigrants' personnel as troublemakers,20 and were faced with various mistreatments from fellow Indonesians on returning home, by way of unequal treatment at passport crossings21 and threats to pay series of illegal costs, including local transportation fares, money exchange fees, and others.22
International human rights law recognizes the principle of “exhaustion of local remedies”, which requires the optimal use of all available legal remedies at the national level before using remedial mechanisms at the regional and international levels in the framework of upholding human rights.23 For this reason if the Indonesian state can provide fulfillment of human rights to its citizens, legal efforts at the national level will be prioritized. In this case, the protection efforts for Indonesian migrant workers that have been carried out and designed by the government are expected to run optimally.
The common understanding of the employment agreement, especially in the informal sector, results in the weakening of the bargaining position of labor migrants.24 In addition, migrant workers have vulnerabilities in the places where they work. They have the right to get the same treatment as humans and need the participation of all parties. Especially Indonesian migrant workers are vulnerable to violence, harassment, fraud, and others. Not
18 Nisar, M. A., Dina, I. S., Izawati, W., Mariam, S. T., & Nurul Asma, A. R, “Malaysians’
reluctance to work in local 3D sectors: A preliminary review.” The Journal of Social Sciences Research, 4, (2018): 220–223.
19 Op. Cit. Bal & Gerard, (2018)
20Op. Cit. Eberl, J.-M., Meltzer, C. E., Heidenreich, T., Herrero, B., Theorin, N., Lind, F., Berganza, R., Boomgaarden, H. G., Schemer, C., & Stro ̈mba ̈ck, J; and Farris, E. M., & Silber Mohamed, H., (2018)
21 Op. Cit. Silvey. R, (2007)
22 ILO Office Jakarta, “Using Indonesian law to protect and empower Indonesian migrant workers: Some lessons from the Philippines. International Labour Organization,” (2006)
23 Op Cit, Sri Lestari Rahayu, et. al., p. 116
24 Henni Wijayanti and Arovah Windiani, “Legal Protection and Advocacy For Indonesian Migrant Worker,’ ProceedingsThe 2nd International Multidisciplinary Conference (2016):1003-1009, ISBN 978-602-17688-9-1
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to mention when it is related to the specific sector in which they work, many of them, especially in the sector that is considered informal, where the scope of employment law protection is often excluded from them.25 In reality, it turns out that the knowledge possessed by Indonesian migrant workers is minimal, even though they have received a briefing before leaving for the destination country. Employment rules in the country where migrants work differ from those in Indonesia, which is also not fully understood by every Indonesian migrant worker. The need for legal literacy for Indonesian migrant workers is significant to provide knowledge related to aspects related to the rights and obligations of Indonesian migrant workers in the destination country.
Based on the academic text of the Distance and Open Law Education and Training program for Indonesian migrant workers (which was compiled in 2020) there are three critical aspects in the study of the development of educational programs, namely: 1) aspects of needs; 2) aspects of program competitiveness; 3) aspects of program management and delivery strategies.
This shows that the level of need for prospective Indonesian migrant workers students is tremendous, in line with the growth of Indonesian Migrant Worker numbers, which increase yearly. Meanwhile, the World Bank stated that until now, no less than nine million Indonesians are working abroad, equivalent to seven percent of the total workforce. According to the Agency for the Protection and Placement of Indonesian Migrant Workers report in 2019, there were 276,553 Indonesian migrant workers. Indonesian migrant workers, all its problems boil down to the legal literacy of Indonesian migrant workers, and they are very limited in having limited access to educational learning resources.26
Seeing the importance of legal literacy needs for Indonesian Migrant Workers, and they should be given basic knowledge so that they can fight for their rights when dealing with legal problems in the destination country.
Indonesian migrant workers who already knows can then submit a claim to the relevant parties to convey their arguments with the appropriate steps. Dewi Rahayu and Misbahul Munir (2012) found that although there are policies that regulate the recruitment, placement, and protection of migrant workers, these regulations are sometimes not in sync with each other. The proportion of these regulations also prioritizes the placement aspect rather than protection. In addition, many parties violate these regulations. For example, regulations stipulate that migrant workers must be recruited and dispatched through legal
25 ILO, Panduan Pekerja Migran Indonesia – Buku Saku, Jakarta Indonesia, 2015, hal 3-74 lihat juga Mochamad Januar Rizki, “Perlindungan Hukum Pekerja Migran Masih Perlu Perbaikan”
see at the https://www.hukumonline.com/berita/baca/lt5d6469847a662/perlindungan-hukum- pekerja-migran-masih-perlu-perbaikan/
26 K, Sri Wahyu, et. al., “Pendidikan Hukum Jarak Jauh Dan Terbuka Bagi Pekerja Migran Indonesia,” Universitas Terbuka, (2020).
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channels, but many brokers and companies recruit and place migrant workers illegally.27 Another problem is the ignorance of the employment rules of Indonesian migrant workers in the company, especially with the wage system written in the employment contract sometimes not in accordance with the provisions of the local country's labor law.
The model of legal education programs for migrant workers must provide efficient management and effectiveness of the curriculum that students, namely migrant workers, can enjoy. The study results show that management efficiency must be demonstrated through more affordable education costs because most study funding sources are from the self-funding of prospective students. Students can save more on operational study costs due to reducing many transportations, consumption, infrastructure, and learning resources costs.
It is essential to provide skills/expertise to prospective Indonesian migrant workers before leaving the country. Before dispatching Indonesian migrant workers abroad, they must first provide skills training to prospective Indonesian migrant workers under the work they do abroad not to disappoint the recipients. Developing a program for prospective migrant workers is necessary to plan work abroad. The government socializes prospective Indonesian migrant workers to protect them (Febriani 2008).28 Preliminary Education or Pre-Departure Orientation for Indonesian migrant worker candidates organized by the Agency for the Protection and Placement of Indonesian Migrant Workers.29 Furthermore, Indonesian migrant workers who go to the destination country where they usually work only have basic language skills, so even though the company or place of work offers Indonesian migrant workers a work contract, sometimes they are unable to understand rigidly and in detail so that they often lead to misperceptions with the rules enforced at the company or place of work.
2. Management Model for the Implementation of Legal Literacy for Indonesian Migrant Workers
Understanding the character of working hours for Indonesian migrant workers is limited; it is necessary to have an appropriate legal literacy management model, namely the Distance Learning Platform, an educational element that provides a 'distance barrier' in the teaching and learning process between tutors with students. So what is meant by open and distance education
27 Dewi Rahayu dan Misbahul Munir, “Alternatif Kebijakan Peraturan Daerah Perspektif Gender Bagi Buruh Migran Perempuan di Madura,” Mimbar Hukum 24, No. 3 (2012): 377- 569
28Febriani and Meita Lefi Kurnia, “Perencanaan Bagi PJTKI Dan Lembaga Tempat Pelatihan Yang Berkualitas Untuk Mewujudkan Eksport Tenga Kerja Yang Profesioanal.” Jurnal Manaajemen dan Bisnis Vol 17 (2013) No.1 Fak. Ekonomi Program Studi Manajemen Univ.
Tamansiswa Padang
29 https://www .bp2mi.go.id/
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is an education system whose operating system provides high flexibility for students to take their education. Problems such as registering, choosing study programs, courses, and methods to take exams can be solved online.
In addition, Computer and information technology can be used as a solution to various problems of space and time barriers to access to education.
The utilization of computer and information technology in opening access to higher education has been initiated and tested through Indonesia Open University since 1984. Various creative and innovative learning models with a broader range of access to education can be carried out through a teaching and learning process that is fun for students, not monotonous and boring.30 This kind of learning utilizes teaching materials packaged in the form of Information and Communication Technology-based media, such as e- learning. E-learning is a learning media based on Information and Communication Technology. In E-Learning learning, the main focus is on students who are required to be independent at a particular time and are responsible for the implementation of their learning.31
E-learning learning can take advantage of various teaching materials, including digital teaching materials in modular format (modules/digital teaching materials) that have been prepared so that students can learn independently with quick access. Digital modular teaching materials are not the only source of teaching materials, which can be supplemented by supplementary teaching materials in audio-visual format and CAI in compact- disc form as asynchronous learning. Various substance of learning material can be filled with material on civil law, criminal law, litigation, ADR, family and child protection or other legal material substances needed by PIM students. The content of teaching materials must be built based on the needs analysis and the desired instructional objectives.
Coordination of program implementation is carried out by the Indonesia Open University’s Research and Community Service Institute through the PkM Center in collaboration with Faculty of Law, Social and Political Sciences through the Faculty of Law as the academic parent of Practice experience (PPB) Legal Literacy and other related operational units at Indonesia Open University. PkM Center for Research and Community Service (LPPM) collaborates with UPBJJ-International Indonesia Open University as the manager of overseas students and their tutors. The monitoring and evaluation cover aspects of providing academic services such as tutorial activities and administrative services for candidates and students. Academic Papers have been given in every policy making in the management and
30 Muhson, Ali. 2010, Pengembangan Media Pembelajaran Berbasis Teknologi Informasi, Jurnal Pendidikan Akuntasi Indonesia, Vol.VIII. No.2 Tahun 2010
31 L. Chusna, Nuke, 2019, Pembelajaran E-Learning, Prosiding Seminar Nasional Pendidikan KALUNI Volume 2 – 2019 26 Januari 2019 DOI: http://dx.doi.org/10.30998/prokaluni.v2i0.36
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implementation of this program. Several essential aspects such as (1) Tutorial activities, consisting of Face-to-face Tutorials, Interactive Online Tutorials in Tuton and Tuweb formats; (2) The number of tutorial sessions is not more than eight meetings @ 2 hours/teaching every day of the week for each course;
(3) Study groups, consisting of 15-20 students; (4) Education requirements for prospective students of Senior of High School/equivalent and pass the administrative selection, completeness of documents determined by Indonesia Open University; (5) Conditions for transfer of credit, students must have a high school diploma/equivalent; (6) Tutor Requirements/Recruitment: a) Min Graduate and Post-graduate/equivalent capable (having a portfolio) teaching/tutoring Indonesian migrant workers legal literacy materials; b) Mastering online learning (synchronous & unsynchronous).
3. Legal Literacy Continuing Education Curriculum
Education is one of the major issues for Indonesian migrant workers. The enormous influx of unskilled labour from Indonesia, primarily in the 3D sector, demonstrates workers’ lack of education. A study also found that the level of education of Indonesian migrant workers had a substantial impact on their earnings. This means that migrant workers with a higher level of education will earn more money than those with a lower level of education.32 According to the Agency for the Protection and Placement of Indonesian Migrant Workers, secondary school graduates represent the greatest level of education among Indonesian migrant workers, particularly those employed in Asia Pacific countries including in Malaysia. Many of them, especially those who work in the household sector, just have a primary school education.33 To improve the education level of migrant workers, the Indonesian government has launched a distance education programme through the Indonesia Open University platform around the world.34
Observing the results of previous research, the "Open and Distance Education" continuing education model with the blended-delivery model is a recommendation from the results of the study. The competency needs of the legal literacy cluster include the following packages of Study Programs: Law and Migrant Workers, Study Programs of Law and Workers Protection, Migrant Workers and Social Affairs; and the socio-cultural cluster includes
32 Febriani, “Quality education and skills of Indonesian labor, towards equality wages in foreign countries,” Jurnal Ekonomi Pembangunan 14, 2 (2013): 203–213.
33 BP2MI. “Kajian penyebab rendahnya remitansi TKI di Kawasan Asia Pasifik (Studi kasus TKI di Negara Malaysia, Hong Kong dan Taiwan),” BP2MI (2015) http://portal.
bnp2tki.go.id/uploads/data/data_18-05-2015_124257_T.A_2015_KAJIAN_PENY EBAB_RENDAHNYA_REMINTASI_TKI_DI_KAWASAN_ASIA_PASIFIK_
(Studi_Kasus_TKI_di_Negara_Malaysia,_Hong_Kong_dan_Taiwan).pdf.
34Ali Maksum, “Indonesian post-migrant workers: A challenging problem for human security,”
Journal Social Sciences & Humanities Open 4, (2021) 100223: 1-10.
https://doi.org/10.1016/j.ssaho.2021.100223
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the Migrant Worker and Actualization Study Program package; In the curriculum system of the Indonesian migrant workers Legal Literacy Study Program, one matriculation course is required, namely Law and Society. In each study program package, a curriculum has been designed with a course structure in the form of a semester credit system which is transferable with a degree strata education system.
Based on the legal literacy needs of Indonesian migrant workers, the following are the results of the identification of the need for open and long- distance legal training in accordance with discussions with experts in related fields. This recommendation is expected to meet the legal training needs of Indonesian migrant workers.
Tabel 1. Expert Recommendations on the Need for Open and Long Distance Legal Training for Indonesian Migrant Workers
Competence Outside the Field of Law
Competence in the Field of Law
Education Program Management Customs and cross-cultural
intercultural work destination countries
Introduction to law Open and Distance Education System Platform
Worker interpersonal relations
Indonesian legal system and destination country
Knowledge of destination country laws
Programs with short duration as needed
Basic work skills Law and gender, gender issues and their protection in the country of work (destination)
management model through Joint Management compared to Joint Academic
Excellent service skills Cases of serious legal violations
Non-degree/certificate pathway, namely Continuing Education to improve personal competence;
and the Diploma degree pathways to improve case handling skills Rights and responsibilities
of migrant workers and employers
Employment law Labor rights (Law 18/2017): since the One- Stop Integrated Service -- pre- departure-- placement-- return home stage
Study counseling service
Issues about narcotics, psychotropics and SARA.
Protection from sexual violence
Protection for Reproductive Health
Conflict resolution protection forum
Curriculum model is adjusted to the needs of competency
achievement characteristics, it can be Pyramidal Model, Project Model, Spiral Model Employment insurance International labor law
(international labor conventions and treaties)
Senior high school qualification requirements for Continuing Education
Use of electronic media Procedural law in courts of foreign countries of work destination (distillation)
The registration system and learning services adopt a system that has been running well at Indonesia Open University
219 Competence Outside
the Field of Law
Competence in the Field of Law
Education Program Management GENDER
Basic Understanding
Gender Inequality Analysis of Gender Inequality in the Migration Stage
Communication and information network of employment mediation-advocate-consultation agencies/agents/associations
Learning outcomes evaluation system adopts Indonesia Open University proven proven track record
--
Migrant worker departure criteria Tutor availability can be guaranteed in Indonesian migrant workers working country
-- Immigration law The content of teaching
materials is equipped with case examples and their solutions
-- Family law & child protection --
Source:: 2020 Research Survey Results (Sri Wahyu dkk., LPPM-UT) Tabel 2. Recommendation of Educational Needs Analysis
No. Program Package Time Methode
Beban SKS 1 Law and
Migrant Workers
Employer Relationship 6 Month Blended 3
Migrant Legislation 3
Domicile State Judicial System 3
Criminal Sanctions between Domicile Countries
3 Ethics of conduct between the legal
systems of the domicile country
3
Total 15
2 Law and Work Protection
Employment Contract & Protection 6 month Blended 3 Insurance, exit-permit issues and
domicile taxation
3 Legal Protection and Working Hours for
Migrant Workers in the Country of Domicile
3
Legal Aid Mechanism Procedure System 3
Power of attorney, complaint letter, response letter, lawsuit letter
3
Total 15
3 Migrant Workers and Social
Genderisme 6 month Blended
Human Rights 3
Relations between Cultures of the Country of Domicile
3 Terrorism, drugs, psychotropic drugs
and health (dangerous issues of drug use, vulnerability of migrant workers to become part of drug syndicates,
3
220
terrorism, radicalism)
Total 9
4 Migrant Worker and
Actualization
Women's Natural Rights at Work (reproductive health rights, menstrual leave, maternity leave)
6 month Blended 3
IT Entrepreneurship and Skills (Digital Marketing and Financial Management)
3 Personality and Attitude Self-Control
Behavior
3
Total 9
Source:: 2020 Research Survey Results (Sri Wahyu dkk., LPPM-UT)
4. Delivery Strategy Recommendations
The majority of respondents are familiar with the learning system at Indonesia Open University through self-study, practically all respondents need this legal education program to be implemented through a blended- tutorial system according to Indonesian migrant workers part-time, most of which are domestic workers. Therefore, this legal literacy education program for migrant workers is in great demand and is appropriate to be held through an open education system platform and distance learning.However, the transfer of knowledge and skills through education and training programs with a distance learning system requires the accuracy of the design of the use of methods and media used in the teaching and learning process, namely the use of interactive learning models supported by teaching materials/modules and materials. other non-prints such as audio/video, supported by competent lecturers in the fields required for curriculum building.Prospective students of the legal literacy program are not limited to Indonesian migrant workers, but opportunities are also opened for the general public, especially prospective migrant workers, who are at least not only those with a high school diploma, but also a junior high school certificate. The participant selection system is carried out by Indonesia Open University through UPBJJ-LN which is the working area of its authority. The number of participants in the selection process is not limited according to the minimum number in the study group.
Since the beginning, through its design, the legal literacy education and training program for Indonesian migrant workers has been designed for its delivery system using the 'Open and Remote' platform by adopting a 'blended- mode of learning process'. System administration, management, delivery- strategy, teaching materials, learning outcomes evaluation system will be re- identified for the purpose of developing a program evaluation system and learning outcomes. Recommendations from research and development results that have been outlined in academic texts will be followed up to be used in the development of the legal literacy CE program infrastructure.
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It is expected that all legal literacy infrastructure products will be able to meet three determining factors, namely the achievement of 1) Education and Training Needs Level, 2) Training Competitiveness Level, 3) Learning Strategy / Delivery of legal education programs for Indonesian migrant workers. In the future, it is recommended that the results of this infrastructure development must still be tested before being implemented in year 3/2022, in order to obtain certainty that the entire system and infrastructure can work in its implementation. For this reason, it is recommended that at the pilot stage, especially the Center for PkM LPPM-UT, UPBJJ International and operational work units related to Indonesia Open University so that they can fully assist this trial stage later. Likewise, the involvement of partners outside Indonesia Open University such as Indonesian migrant workers associations can be involved for the implementation of this trial.
5. Evaluation of Legal Literacy Programs and Learning Outcomes
The purpose of graduate learning is that students are able to simulate the self-actualization of positive legal values and rules with the world of migrant work in a practical and correct manner, especially in relation to various work social problems faced by Indonesian Migrant Workers, starting from the recruitment process to the placement stage. The learning outcomes of graduates are knowledge, theory and practical concepts about various socio- cultural factors that influence various forms of personality, attitudes, behavior and efforts to control Indonesian Migrant Workers. To find out the achievement of student learning outcomes, the legal literacy education program for Indonesian migrant workers applies several types of evaluations as designed and determined through the RMK of each course. Therefore, the various types of evaluation used include test, non-test and portfolio types.
Apart from that, the evaluation of student learning is also evaluated through a variety of exercises and assignments throughout the learning process through tutorial activities or through specially designed subject matter books.
The evaluation system for learning outcomes in this legal literacy education program follows the systems and procedures that have been applied at Indonesia Open University. There are formative exams, performance assessment summative exams conducted by tutors and centrally by Indonesia Open Universit. While the formative exam is determined by the tutor during the tutorial process. Likewise, the Performance Assessment exam is conducted during Face-to-face Tutorials and Online Tutorials. Through portfolio assessment, tutors test and assess students based on academic performance and practice to produce a unitary ability of program participants, based on the criteria and assessment signs that have been determined by the Central of Indonesia Open University.
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After students have completed their education, certificates and transcripts are given at the end of the program. For those who have passed the education program, all the courses that have been taken can be transferred to graduate program in faculty of Law, Social Sciene and Politics-Indonesia Open University. Participants in the education program receive a certificate, if: (1) Participate in all Face-to-face Tutorials and online activities and complete the exam well who meet the graduation criteria; (2) The tutor submits all the results of formative tests, exercises, assignments and performance assessments based on the provisions and assessment signs that have been determined by the Central of Indonesia Open University to the local UPBJJ-UT. The summative exam is determined by the central of Indonesia Open University. (3) UPBJJ-UT has sent all test results and performance assessments to Pusjian-with a copy of PPM-LPPM. (4) The system for implementing student learning outcomes exams is carried out throughout the semester. To produce a migrant worker who has the ability to resolve legal issues of work engagements/contracts, work conflict resolution, work code of ethics, work protection, human rights, the judicial system and is able to deal with dynamic problems of employment relations, migrant workers need to have elements of basic competence.
C. Conclusion
Based on the research and development that has been carried out, it can be concluded that the need for legal education for Indonesian migrant workers is essential. This is the fulfillment of human rights, provides good legal knowledge, and can prevent legal problems in the destination country where Indonesian migrant workers work. With this knowledge, it is hoped that Indonesian migrant workers will know the consequences of every rule in the country. Providing access to education for Indonesian migrant workers is crucial in their role and importance in tackling various unfair treatments for them, whether in the form of corporate crime, human-right violation, or common organized crime.
Therefore, the necessary conclusion from this research and development results is that the distance education and learning platform with continuing education (non-degree) service format is the most suitable and efficient design for providing access to education for Indonesian migrant workers. Curriculum design and transferable credit content to the degree level is an educational service design innovation that benefits Indonesian migrant workers' Legal literacy program participants.
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