Proceedings of 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017)

Marriage Legalization For Indonesian Migrant Workers (Implementation of "Justice for All" for Migrant Workers at Tawau, Sabah, Malaysia) (Implementation of "Justice for All" for Migrant Workers at Tawau, Sabah, Malaysia)

Authors
Yayan Sopyan, Burhanatut Dyana
Corresponding Author
Yayan Sopyan
Available Online November 2017.
DOI
https://doi.org/10.2991/iclj-17.2018.5How to use a DOI?
Keywords
Migrant Workers; Marriage; Marriage Ithbat; Illegal Marriage; and Legality;
Abstract
The number of Illegal Marriages (sirri) among Indonesian migrant workers abroad is quite fantastic. Illegal marriages raise many problems such as law issues: their marriages are not recognized by the state, children born without birth certificates and at risk of statelessness, have no access to education and health. Therefore, due to the extraordinary impact, especially for children, Indonesian Government makes an effort of marriage ithbat (legalization) for migrant workers who had conducted illegal (unregistered) marriage. The study provides an overview of the marriage ithbat implementation for migrant workers and observes the impacts. The research finds that the government still has to work hard to realize their duties and obligations in protecting the civil rights of migrant workers, because what they have done is still far from expectations. The complexity of the problems have become inextricably intertwined and coincide with each other, they are: the behavior and characteristics of migrant workers, the process of their arrival to Malaysia, the broker's treatment, the plantation owners' treatment, the Malaysian Government's attitude and service, and the attention of the Indonesian Government. Marriage ithbat program for migrant workers, which was intended only as a curative program, will fail and be an endless program if the most basic source of the problem is not prevented, namely the illegal entry of migrant workers to Malaysia.
Open Access
This is an open access article distributed under the CC BY-NC license.

Download article (PDF)

Cite this article

TY  - CONF
AU  - Yayan Sopyan
AU  - Burhanatut Dyana
PY  - 2017/11
DA  - 2017/11
TI  - Marriage Legalization For Indonesian Migrant Workers (Implementation of "Justice for All" for Migrant Workers at Tawau, Sabah, Malaysia) (Implementation of "Justice for All" for Migrant Workers at Tawau, Sabah, Malaysia)
BT  - 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017)
PB  - Atlantis Press
SN  - 2352-5398
UR  - https://doi.org/10.2991/iclj-17.2018.5
DO  - https://doi.org/10.2991/iclj-17.2018.5
ID  - Sopyan2017/11
ER  -