LEGAL PROTECTION OF MIGRANT WORKERS AGAINST THREATS OF ABUSE DISCRIMINATION IN A DIPLOMATIC RELATIONSHIP PERSPECTIVE BETWEEN COUNTRIES

Manpower is the driving force of an activity that can determine the implementation of manpower through the available manpower, which is an integral part of national development based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Problems that occur to Indonesian migrant workers abroad occur cases, abuse and discrimination occur, such as cases of sexual harassment, cases involving convictions of migrant workers, cases of unpaid wages, to cases of unilateral termination of employment. This research uses normative juridical research methods and is legally supported by socio descriptive analysis employing primary, secondary, and tertiary data. The purpose of this research is that the placement of Indonesian workers abroad is one of the State's efforts to realize the same rights and obligations for workers to improve their standard of living. The study results show that the protection of migrant workers needs to be affirmed with certainty against the regulation of Law Number 18 of 2017. The aim is to guarantee Indonesian Migrant Workers and their families in realizing guaranteed fulfillment of their rights in all activities before working, during work, and after working in legal, economic aspects, and social. The role of state diplomacy is needed in protecting and fulfilling the rights of migrant workers because this condition involves relations between countries, as people who have no choice of provider for life, workers. Therefore the role of the State must be very spearheading in providing legal protection to migrant workers because their status is minimal. The research analysis results to realize the implementation of international and national legal instruments from Indonesia need to be optimized through diplomacy from those with interest so that protection is said to be effective and optimal.

DOI: 10.25041/lajil.v3i2.2366 Manpower is the driving force of an activity that can determine the implementation of manpower through the available manpower, which is an integral part of national development based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Problems that occur to Indonesian migrant workers abroad occur cases, abuse and discrimination occur, such as cases of sexual harassment, cases involving convictions of migrant workers, cases of unpaid wages, to cases of unilateral termination of employment. This research uses normative juridical research methods and is legally supported by socio descriptive analysis employing primary, secondary, and tertiary data. The purpose of this research is that the placement of Indonesian workers abroad is one of the State's efforts to realize the same rights and obligations for workers to improve their standard of living. The study results show that the protection of migrant workers needs to be affirmed with certainty against the regulation of Law Number 18 of 2017. The aim is to guarantee Indonesian Migrant Workers and their families in realizing guaranteed fulfillment of their rights in all activities before working, during work, and after working in legal, economic aspects, and social. The role of state diplomacy is needed in protecting and fulfilling the rights of migrant workers because this condition involves relations between countries, as people who have no choice of provider for life, workers. Therefore the role of the State must be very spearheading in providing legal protection to migrant workers because their status is minimal. The research analysis results to realize the implementation of international and national legal instruments from Indonesia need to be optimized through diplomacy from those with interest so that protection is said to be effective and optimal.
ILO explained that the garment industry is the company that absorbs the most labor from women. Therefore, the International Labor Organization (ILO) made a series of recommendations to solve this problem, including a more equitable gender equality agenda or as much as 80 percent. However, when the world experienced the Covid-19 pandemic, these female workers experienced new problems.
The problem is not far from the impact of the Covid-19 pandemic. Because of the challenges they face at work and expectations regarding women's obligations at home, the condition is that imports from major buying countries from garment exporting countries in Asia are experiencing a decline of up to 70 percent in the first half of 2020. Thus, many garment companies have gone out of business, and inevitably many female workers have become victims of Termination of Employment (PHK). 5 The protection of Indonesian migrant workers abroad as Indonesian citizens is also based on Law Number 37 of 1999 concerning Foreign Relations. Article 19 regulates "providing protection and legal assistance for Indonesian citizens and legal entities abroad, under national laws and regulations as well as international law and practice." 6 A common thread has been drawn from the description above on the lack of harmony between international legal instruments and national law for migrant workers' protection. However, there are still gaps in the field regarding implementing legal instruments for labor absorption barriers in Indonesia, namely the lack of an educated workforce, poor infrastructure, and an empirically convoluted policy framework. The facts on the ground are very different from the original purpose of making legal instruments related to the protection of migrant workers. The implementation of Indonesia's international and national legal instruments needs to be optimized through diplomacy from interested parties so that protection is effective and optimal.
B. Discussion

Optimizing the Protection of Migrant Workers
According to the International Labour Organization (ILO), there is 244 million migrants worldwide. 7 Rapid economic growth in some Asian countries, combined with high labor demand and wages, as well as a lack of employment with the low wages in the country of origin, have been the two pull and push factors in Indonesian labor migration. 8 Indonesia is a country that sends the largest workforce of its citizens to work abroad either at the request of the country concerned or the active initiative of implementing placements working abroad. Following the role and position of the workforce, it is necessary to develop manpower to improve the quality of the workforce and their participation in development. It is also necessary to have reliable and professional quality human resources. Moreover, it increases workers' and their families' protection following human dignity. It is in line with these objectives in the era of globalization and increasing development in all sectors of life. 9 The Covid-19 pandemic has caused multidimensional shocks, such as education, health, economy, and labor. The law should exist to protect workers amid the problems caused by the current pandemic. As regulated in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, that the existence of legal protection for workers aims to be able to guarantee equality in obtaining opportunities and freedom from discriminatory treatment, including freedom from different treatment based on the religion they adhere to is a right -a person's fundamental rights. The Government should pay attention by negating regulations regarding the use of foreign workers in Indonesia. These regulations are not regulated separately but are part of the compilation of Law Number 13 of 2003 concerning Manpower, contained in chapter VIII articles 42 to 49. Furthermore, it regulates that employing foreign workers must have written permission, plans for the use of foreign workers, types of positions and competency standards for foreign workers, the appointment of Indonesian citizens as companions for foreign workers, education and training for Indonesian workers, as well as the obligation of employers to repatriate workers foreigner after the employment relationship ends. This labor regulation is strengthened by Presidential Regulation No. 20 of 2018 concerning the use of foreign workers.
The view of international law, for example in Article 2 of the Universal Declaration of Human Rights (UDHR) which states: "Everyone is entitled to all the rights and freedoms outlined in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or another opinion, national or social origin, property, birth or another status". This means that everyone has the same right to be free from discriminatory treatment, including based on one's religion. 10 The regulation states that workers who come to Indonesia occupy certain positions, thus do not allow any unskilled workers because the law clearly states that there must be a transfer of technology and expertise from foreign workers to Indonesian workers. However, there are still violations of licensing regulations and the use of foreign workers. Regarding the protection of migrant workers, the United Nations (UN) has issued a convention, namely the International Convention on the Protection of The Right of All Migrant Workers and Members of Their Families 1990 concerning the International Convention on the Protection of All Immigrant Workers and Members of Their Families. In the Convention, it is seen that one of the international legal instruments protects not only migrant workers but also their family members. The opinion of CST Kansil said that legal protection is a legal effort given by law enforcement officers to legal subjects to create a safe situation from all threats and obstacles given by anyone. While according to Satjipto Rahardjo, the purpose of legal protection is to protect human rights. 11 The United Nations adopted stated that the right to religion is a human right that is non-degradable. 15 In addition to the Human Rights Law, what is meant by acts of racial and ethnic discrimination is regulated in Article 1 number 1 of the PDRE Law. This Article states that racial and ethnic discrimination are all forms of action that distinguish, exclude, limit, or choose based on race and ethnicity. Resulting in a reduction in equal treatment in several areas of life, one of which is in the economic field, including employment. In this case, specific religious requirements can be a form of discrimination against ethnicity because of Article 1 number 2 of the PDRE Law. Consequently, Article 1 describes ethnicity as a classification based on values, habits, beliefs, norms, customs, history, language, geographical conditions, and relationships. Classification based on belief is closely related to religion, so providing specific religious requirements in the recruitment process is a form of ethnic discrimination. Acts that include discrimination against ethnicity and race are then reaffirmed in Article 4 letter of the PDRE Law. 16 Through Presidential Instruction Number 6  language, and mental preparation. Will only place TKI who are judged to have met the competency requirements as evidenced by a certificate from the Professional Certification Institute (LSP) appointed by the Ministry of Manpower and Transmigration; e) Protecting the rights and assets of Indonesian workers through the TKI insurance program implemented by five Insurance Consortiums. In this case, the Insurance Consortium is also required to cooperate with legal aid agencies/lawyers in the country of placement of the TKI; f) Improve bilateral relations with eight placement countries, namely Malaysia, South Korea, Jordan, Kuwait, Taiwan, Australia, and the United Arab Emirates, signing a Memorandum of Understanding (MoU). Currently, the signing of MoUs with six countries is prepared, namely: Qatar, Greece, Kuwait and Jordan, Japan, Brunei Darussalam, and Morocco. The simplicity of employment opportunities in the country, cheap and easy delivery processes, low levels of education and skills, low salaries in their own country, and the absence of information to villages about working abroad are cited as the causes of the migration of our citizens' migration abroad as a legal undocumented immigrant worker.

C. Conclusion
Meanwhile, the institutional arrangement of legal protection for workers aims to guarantee equality in obtaining opportunities and freedom from discriminatory treatment, including freedom from different treatment based on one's religion. It is necessary to ratify it as a form of the Government's seriousness in efforts to protect the rights of Indonesian workers abroad as rights that can accommodate the mandate of the 1945 Constitution of the Republic of Indonesia.
The existence of this regulation is still not able to realize a complete protection system for a person/worker who wants to get a job. This is because there are still forms of discrimination carried out by employers by determining various requirements, which are migrant workers regardless of their legal status and regulating the rights that apply to migrant workers and fundamental freedoms for migrant workers. One of which is the requirement regarding certain religions during the recruitment process for workers. Following the role and position of the workforce, it is necessary to develop manpower to improve the quality of the workforce and their participation in development and to increase the protection of workers.
An international convention that comprehensively regulates the relationship between migration of people and human rights. Looking for ways to develop the relationship between these units, either through cooperation or competition. The suggestions of this research that are useful for immigrant workers to provide is the hope of the Government to be more assertive in addressing the outstanding issues regarding abuse and discrimination of immigrant workers considering that in Indonesia related to race is very vulnerable causing conflict. Hence, it is necessary to take decisive action to avoid conflict in society due to acts of discrimination. Then it is necessary to develop and expand employment opportunities in Indonesia.
Many people still need work, but limited employment opportunities will create competition in society for citizens themselves who need fields and increased competence. Simultaneously, diplomacy between countries can solve problems that are highly regarded as complexities with different legal systems. Simply put, there needs to be an affirmation of international regulations on the International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families. the Government of Indonesia. The need to strengthen bipartite negotiations between trade unions and employers in negotiating wages, working conditions, and working conditions, as follow: (1) Expanding cooperation both with destination countries as well as with local governments and community elements to improve the protection of Migrant workers, (2) Increase efforts to harmonize standardization and competency certification through crosssectoral collaboration. Improving supervision related to the government structure on immigrant employment permits in the regions; Increasing the understanding of migrant workers on the principles of human rights to equip migrant workers with sufficient knowledge of their rights while working abroad; Expanding cooperation both with destination countries and with local governments and community elements to improve worker protection and the need to facilitate immigrant work legality permits. Important input is also for migrant workers to pay attention to legality permits and competencies that need to be improved as well as physical and spiritual readiness so that ethical behavior can be maintained. Important input for further researchers to improve the analysis of the Article that the author is researching