Reformation Protection On Indonesian Worker Regim To Asean Community 2025

DOI

10.2991/iclgg-17.2018.21How to use a DOI?

Keywords

ASEAN COMMUNITY – migrant worker – Sociale Rechtstaat – Reform Regim

Abstract

Until now Indonesian worker not fully protection faced ASEAN Economic Community (AEC) free trade liberalism in ASEAN COMMUNITY especially undocumented Indonesian worker. Actually, there is regulation Act Number 39 Year 2004 for protection Indonesian worker but we should finding the new model for more protection to all Indonesian worker in ASEAN country. The state by the government has responsibility to achieve it. The responsibility of government start from several concepts. Sociale Rechtsstaat concept was started due to economic crisis after world war II that created “welvaartsstaat” concept and later known as “verzorgingsstaat”. Welvaartsstaat and verzorgingsstaat are concepts about sociology and politics. The concept of “werzorgingsstaat” is considered too expensive to be applied, so Loebers Cabinet conducted another concept called “warborgstaat”. Through this concept, government provided minimum “warborg” and its weakness relies on the society to legalize it using private insurance. In juridical concept, A.M Donner stated that the term of “sociale rechtsstaat” is better than “welvaartsstaat”. Through the changes mentioned above, main factors of “sociale rechtsstaat” are: elementair recht, economische mogelijkheden, sociale spreiding .They are connected to the law protection for people towards the government action, in sociale rechtsstaat, the law protection principle is used for the protection of social rights, economy rights, and cultural rights. Connecting to the rights character (in rechtsstaat that is liberal and democratic), “the rights to do” in sociale rechtsstaat creates “the rights to receive”. Connecting to the law protection means, the more complex law protection system for people, the more means needed in order realize people rights protection, particularly social rights, economy rights, and cultural rights. In “verzorgingsstaat” concept (“sociale rechtsstaat” juridicial concept) by P. Schnabel, it is said that country is responsible for protecting not only civil freedom, but also people life style (levenstjil). In other words, “verzorgingsstaat” is the development of the country function as “nachtwaker staat” During the development of “verzorgingsstaat”, the country influence towards the individuals transform into three ways: First : direct effect as the result of acknowledgement and protection towards the social rights. Second : indirect effect as the result of government staff formation which is completed with power and skill. Third : hopes for solving public problems by the help of the superiors To reform the protection model for Indonesian worker Prag argues that public law applicable to the actions of government as rulers, while private law is the law that applies to other legal relations. Romijn states that the laws of government applicable for the relationship between governments and governed when performing their governance duties. How we find the social justice and non discriminative model and the structure of regulation for protection Indonesian worker especially for undocumented worker as best practice because Act Number 6 Year 2012 as Ratification of International Covenant of Right Protection for Migran Worker and Their Family ( 1990 ) not enough protected Indonesian worker in other country. Actually to find the social justice and non discriminative model and the structure of regulation for protection Indonesian worker especially for undocumented worker as best practice we must look at the blue print of ASEAN Economic Community (AEC). State of problem How to reform Indonesian worker’s regim protection to support ASEAN COMMUNITY 2025

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Lanny Ramli
AU  - Ms. Koesrianti
PY  - 2017/11
DA  - 2017/11
TI  - Reformation Protection On Indonesian Worker Regim To Asean Community 2025
BT  - Proceedings of the International Conference on Law, Governance and Globalization 2017 (ICLGG 2017)
PB  - Atlantis Press
SP  - 155
EP  - 159
SN  - 2352-5398
UR  - https://doi.org/10.2991/iclgg-17.2018.21
DO  - 10.2991/iclgg-17.2018.21
ID  - Ramli2017/11
ER  -