LEGAL PROTECTION OF CHILDREN OF MIGRANT WORKERS

Purpose: This research aims to analyze the legal protection for children of migrant workers in Indonesia, as well as the legal protection mechanisms. Theoretical Framework: This research problem is answered using the theory of legal protection which consists of preventive and repressive legal protection. Method: This research is normative legal research that analyzes legal principles, legal theory, doctrine, and legislation related to legal protection for children as migrant workers in Indonesia. Results and Discussion: The legal policy of protecting the children of Indonesian migrant workers is a comprehensive government effort to ensure the safety and welfare of Indonesian Migrant Workers (PMI). Some of the legal instruments that have been established are the Child Protection Law, the PPMI Law, and Minister of Manpower Regulation No. 2 of 2019. Successful implementation depends on effective communication, adequate resources, efficient bureaucratic structures, and relevant policies. Research Implications: Theoretically, this research has implications for expanding the body of knowledge in legal protection for children of migrant workers. Practically, this research encourages the government to implement laws and regulations related to protecting the children of migrant workers, especially in Indonesia. Originality/Value: The originality of this research lies in thinking about the government's comprehensive efforts to ensure the safety and welfare of the children of Indonesian migrant workers, which are implemented in three stages, namely before, during, and after working abroad.


INTRODUCTION
Indonesia is experiencing significant population growth, which is giving rise to a new problem, namely, the need for employment opportunities.High population growth that is not balanced with economic growth will cause various issues (Arpangi, 2016).The difficulty of finding a job and the unattractive economic conditions in this country have triggered people to look for work in other countries, thereby triggering labor mobility (Hidayat, 2017).When the economic crisis occurred in Indonesia which occurred in 1997, this caused this to increase even more.The number of TKI or PMI leaving the country has increased very significantly (Bareta & Ispriyarso, 2018).The government's way to reduce the unemployment rate is by placing workers abroad as Indonesian migrant workers.Several problems are on the government's agenda that must be resolved, among these problems are the lack of job opportunities, the low economic level of society, and the low competitiveness of Indonesian migrant workers, these are serious problems that must be resolved.To solve existing problems, it is hoped that sending migrant workers will be an alternative solution to the problem (Puanandini, 2020).On the one hand, remittances are an important indicator for the economy of migrant worker families in the migrant worker's home village (Dewandaru et al., 2019).
Indonesia is one of the largest sending countries for migrant workers in Asia, sending migrant workers is generally carried out in various ways, both legal and ilegal (Harahap et al., 2024).BP2MI, of the 113,173 migrant workers placed in 2020, the majority were women (90,500 people).Meanwhile, there are only 22,673 male migrant workers.Most migrant workers work in the informal sector (76,389 people), while in the formal sector, there are only 36,784 migrant workers.Based on marital status, 49,898 migrant workers were married and 41,139 migrant workers were unmarried.Meanwhile, 22,136 people were divorced.On average, married and divorced migrant workers have children and are forced to leave children under 18 to work abroad for long periods (Dian Cahyaningrum, 2021).
The fate of the children of migrant workers is often neglected.Apart from not receiving proper care, they are vulnerable to experiencing growth and development disorders, violence, and disruption to their education.The lack of care and protection for PMI children has become a phenomenon in several areas that are pockets of migrant workers, such as in West Java, Central Java and East Java, West Nusa Tenggara (NTB), and East Nusa Tenggara (NTT) (Tim Kompas, 2021).In connection with the various problems that befall children of migrant workers, the state needs to provide legal protection.According to Satjipto Rahardjo, legal protection is an effort to protect people whose human rights have been harmed so that they can enjoy all the rights given to them by law.(Satjipto Rahardjo, 2014).Referring to this opinion, legal protection for children of migrant workers is an effort to protect the children of migrant workers so that they obtain their rights as children.Protection of children of migrant workers is a priority that must be implemented by a country, as a demand for the fulfillment of children's rights.The position of children must be placed in a special area, including the rights of children of female migrant workers who are vulnerable to discrimination in the world of work (Natalis & Ispriyarso, 2018).The issue of children of migrant workers must be of special concern in legal politics in Indonesia, which is the basis for protecting the rights of children of Indonesian migrant workers.Political law is a choice about laws that will be enforced as well as choices about laws that will be revoked or not implemented, all of which are intended to achieve state goals as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia (Moh. Mahfud MD, 2012).
The legal politics of protecting the children of migrant workers can be traced for the first time in Pancasila as the ideal legal politics of the Indonesian nation, which is the basic value for every regulatory formation.Regarding the protection of children of migrant workers, it can be linked to the 5th principle, namely, social justice for all Indonesian people.Sending migrant workers abroad is a form of government effort to achieve social welfare.The state is unable to create comprehensive employment opportunities for the community, so the state is obliged to facilitate migrant workers to seek a better life outside Indonesia.The implementation of the fifth principle is that women must receive the benefits of justice in terms of work, in the form of protection against discrimination in the world of work, violence, and equal pay.

THEORETICAL FRAMEWORK
Legal protection can refer to both the shielding provided by the law against unjust interpretations and harm from law enforcement.It can also refer to the shielding provided by the law against something.Legal protection may sometimes give rise to arguments that call into question the legitimacy of the law itself.Everyone is in the same position before the law, thus it must genuinely safeguard each party according to their legal standing.One example of how the legal system works to achieve its goals justice, benefit, and legal certainty is legal protection.
Legal protection is the defense provided to subjects of the law in compliance with written and unwritten laws, which are intended to be preventive as well as repressive.In order to safeguard victims and rights that no one should ever violate, legal protection is also applied as a means of carrying out legal obligations.
In the concept of legal protection for crime victims, several legal principles require attention.This is because, in the context of criminal law, legal principles must color both material criminal law, formal criminal law, and criminal implementation law (Dikdik M. Arief Mansur, 2007).The principles in question are the principle of benefit which is not only aimed at the victim but also for the benefit of society at large, the principle of justice to protect victims of crime is also given to the perpetrator, the principle of balance is to restore the balance of the disturbed social order to its original state, and the principle of legal certainty which provides a strong legal footing for law enforcement officers when carrying out their duties to provide legal protection to crime victims.
The previous law, Law No. 34 of 2004 concerning the Placement and Protection of Indonesian Migrant Workers Abroad, was improved upon to create Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers.One of the many benefits of Law No. 18 of 2017 is that it amended the definition of Indonesian Workers to include migrant workers and their families.This relates to the provisions of the UN Convention from 1990.
The Indonesian government issued legal regulations regarding the protection of Indonesian migrant workers.Please note that "Protection" is different from "Protection", where according to the Language Development and Development Agency, the words "Protection" and "Protection" have the same basic word, namely, "Protect", but the affixes and the derivation process are different.Based on the abbreviation process, the word "protection" has the meaning "shelter" and is generally related to the verb to take shelter, while "protection" has the meaning "about protecting".
In his book Legal Protection for the Indonesian People, Philipus M. Hadjon presents the theory of legal protection, which holds that legal protection comprised of preventative legal protection, or protection intended to stop infractions or criminal acts before they happen.
Statutory regulations include this to deter infractions and establish guidelines or restrictions on fulfilling duties.In addition, the government has established oppressive protection laws that shield its citizens from fines, incarceration, and other penalties.The goal of repressive legal protection is to stop conflicts or illegal activity.Repressive legal protection can be implemented if a violation has occurred.This legal protection functions to resolve disputes or criminal acts (Hadjon, 2015).

METHODOLOGY
This research is normative legal research, namely research conducted to collect and analyze using secondary data sources.The data collection method was carried out qualitatively, namely through library/literature studies and focus group discussions (FGD).Normative research images law as a prescriptive discipline, so in this research, we will only look at law Secondary legal materials that will be used in this research include legal journals, legal books, legal dictionaries, legal dissertations, legal theses, and legal theses.

RESULTS AND DISCUSSIONS
Indonesia is a country that has exported quite a lot of labor since the 1980s to reduce unemployment and become a catalyst for domestic economic growth due to the 1997 Asian crisis.In principle, the distribution of migrant workers should provide equal legal guarantees and protection regarding work unions by human rights provisions, in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Darmawan et al., 2020).As is the case in Lampung Province, the number of Indonesian Migrant Workers (PMI) in the period 2019 to 2023 is 70,496 people with the following details: One of the state's goals is stated in the Preamble to the 1945 Constitution of the Republic of Indonesia, which states that protecting the entire Indonesian nation is the state's goal.
Protecting the entire Indonesian nation means including PMI (Sistem et al., 2024).The state is responsible for regulating and guaranteeing fair and equitable interests for its people.The government's important role is to create policies to protect PMI, which are created to meet the needs of the country's people.Every PMI who works abroad has the right to legal protection to fulfill their rights as workers and ensure that their work is carried out correctly and safely because the country has provided a sense of security and comfort (Tantri et al., 2022).PMI are human beings whose human rights must be protected from everything.form of crime, countries must protect illegal and legal trade workers (Zico Pratama et al., 2020).The aim of protecting PMI is formulated in Article 3 of Law of the Republic of Indonesia Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, stating that: 1) Guarantee the fulfillment and enforcement of human rights as citizens and Indonesian Migrant Workers; And 2) Guarantee legal, economic, and social protection for Indonesian Migrant Workers and their families.Meanwhile, based on the time it is implemented, protection is divided into two, namely preventive legal protection and repressive legal protection.Preventive legal protection is planned steps taken before an official decision is made, with the main aim of preventing conflicts from arising.This concept, as explained by Talib, emphasizes anticipatory action to avoid legal problems.Implementation of preventive legal protection involves several key strategies, such as socializing legal norms to the community, providing assistance, and 8 providing technical advice.Through this approach, it is hoped that potential conflicts can be minimized from an early age, creating a more stable and harmonious legal environment.
Repressive legal protection is an action that is carried out after the issuance of a legal decree or decision (Hukum et al., 2021).The aim is to restore actions that are considered wrong and resolve disputes that arise.This approach involves efforts outside the formal justice system, such as issuing inspection notes or letters of intent to comply with applicable legal provisions.
In a stricter context, repressive legal protection can also involve coercive action through judicial institutions, including the investigation process carried out by the Labor Inspectorate.The government has a responsibility to increase efforts to protect Indonesian Migrant Workers (PMI) through these mechanisms, to ensure their rights are fulfilled and violations can be dealt with effectively.
Legal protection is carried out by establishing legal instruments that guarantee and protect the rights of migrant worker children.For this reason, the state has established Law No. is the right to know one's parents, and to be raised and cared for by one's parents.For the children of migrant workers to have the right to be raised by their parents, the parents must work within the country.For this reason, there needs to be empowerment of migrant workers and their families as mandated in Article 24 paragraph (1) letter e of the PPMI Law.
Apart from that, it is important for the central government and regional governments to provide economic protection to Indonesian migrant workers in accordance with the mandate of Article 35 of the PPMI Law.This economic protection is carried out, among other things, by providing financial and entrepreneurship education.With financial education, Indonesian migrant workers are expected to be able to use the results of their work for useful things, for example for business capital.Meanwhile, entrepreneurship education is carried out so that Indonesian migrant workers have entrepreneurial skills and open businesses.Through economic protection, it is hoped that Indonesian migrant workers will have their own businesses and sources of income so that they no longer need to work abroad.Article 36 of the PPMI Law mandates further regulation of economic protection with government regulations (PP).Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers regulates aspects of protection in a comprehensive and structured manner.This regulation covers protection in three main stages: before, during, and after the employment period, which is described in 20 separate articles as described above.Apart from that, this law also contains 6 special articles that regulate protection from a legal, economic, and social perspective.This detailed and comprehensive arrangement shows the government's commitment to ensuring the welfare and security of Indonesian Migrant Workers at every stage of their labor migration.The implementation of legal protection for Indonesian migrant workers is regulated in BP2MI Regulation Number 6 of 2022.The implementation of the law needs to be balanced with the existence of legal awareness from the parties responsible for its implementation (Alhakim & Lim, 2021).Achmad Ali differentiates legal awareness into two types: positive legal awareness which is in line with compliance with the law, and negative legal awareness related to non-compliance with the law (Cici Apriyani, 2024).In the context of protecting the children of migrant workers, BP3TKI must have positive legal awareness to ensure the successful implementation of legal protection for the children of Indonesian migrant workers.
The Indonesian Migrant Worker Placement Company (P3MI) is required to fulfill several legal requirements to be able to operate.Based on Article 54 of the PPMI Law, P3MI must have a placement cooperation agreement as well as other important documents such as a Deed of Establishment, an Operational Permit from the Ministry of Manpower, and proof of capital participation and deposit payments.In addition, P3MI is required to have a placement agreement with prospective migrant workers by applicable regulations.Without a placement cooperation agreement, P3MI cannot submit Job Orders from abroad.The PPMI Law stipulates that before submitting a Job Order, three of four agreements must be fulfilled: a written agreement between the origin and destination governments, a placement cooperation agreement, and a placement agreement.The Job Order application process requires approval from the Indonesian Representative Abroad.Furthermore, to apply for a Recruitment Permit (SIP2MI) domestically, approval from the relevant agency is required.Meanwhile, the Recruit Cover Letter must be approved by the Manpower Service at the Provincial/Regency/City level.This series of procedures shows the complexity and tightness of regulations in the placement of migrant workers.
Article 15 of the PPMI Law outlines the duties and responsibilities of labor attachés.
The labor attaché is tasked with verifying business partners and service users abroad.They are also required to compile and publish a list of problematic business partners and service users periodically based on verification results.The results of this verification play an important role in the process of granting placement permits for the Indonesian Migrant Worker Placement Company (PPMI).PPMI which partners with business partners who are on the blacklist will receive special consideration in the licensing process (Muwahid & Syafa'at, n.d.).Apart from that, the pre-employment protection section also regulates the details of the employment agreement, including its contents and terms.This law also stipulates administrative sanctions

CONCLUSION
Children of migrant workers are vulnerable to problems such as lack of care, educational problems, child delinquency, and psychological problems.For this reason, legal protection is needed for children of migrant workers through the establishment of legal instruments that provide protection and guarantee the fulfillment of the rights of children of migrant workers.Some of the legal instruments that have been established are the Child Protection Law, the PPMI Law, and Minister of Manpower Regulation No. 2 of 2019.Meanwhile, the legal instrument that has not yet been formed is the PP which regulates economic protection for migrant workers.
For the children of migrant workers to be properly protected, the legal instruments that have been formed must be implemented properly.Likewise, the PP which regulates economic protection must be formed immediately.The DPR RI needs to supervise and encourage the government to implement laws and regulations related to the protection of migrant worker children.The DPR RI also needs to encourage the government to immediately form all regulations implementing the PPMI Law, including the PP which regulates economic protection for the children of migrant workers.The DPR RI also needs to continue to encourage the government to form a Desmigration in "enclaves" of migrant workers.Through this legal protection, it is hoped that the children of migrant workers can grow and develop well.
Children's psychosocial development is also disrupted.Several children born from unwanted pregnancies, or born abroad, are stigmatized and even bullied by society.Various negative labels are attached to these children, with several terms including stigmatization as unwanted children.Children who experience bullying and stigmatization tend to become quiet and avoid social interactions.Meanwhile, children who grow up without complete parental care often act hyperactive try to seek attention, and even get into trouble with the law (TimKompas, 2021).
The various problems of children of migrant workers need attention and solutions are found.Since Indonesia has ratified the 1990 UN Convention concerning the Protection of the Rights of All Migrant Workers and Their Family Members through Law No. 6 of 2012 concerning Ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, one significant solution is to give migrant workers' children legal protection.Law No. 18 of 2017 for the Protection of Indonesian Migrant Workers (UU PPMI) has taken into account this treaty.
from a regulatory perspective.The research themes included in this type of research are research on legal principles, legal theory, doctrine, and statutory regulations.This research uses primary and secondary legal sources.The primary legal materials used in this research are the 1945 Constitution, Law Number 18 of 2017 concerning the Protection of Migrant Workers, and Law Number 39 of 1999 concerning Human Rights.
23 of 2002 concerning Child Protection as amended by Law No. 35 of 2014 (Child Protection Law).One of the children's rights guaranteed in Article 7 paragraph (1) of Law no.23 of 2002 However, this PP has not yet been formed, even though Article 90 of the PPMI Law stipulates that implementing regulations for the PPMI Law must be established no later than 2 years after the PPMI Law is promulgated.To empower Indonesian migrant workers and their families, while supporting economic protection, the Minister of Manpower has issued the Republic of Indonesia Minister of Manpower Regulation No. 2 of 2019 concerning Empowerment of Indonesian Migrant Worker Communities in Productive Migrant Villages (Permenaker No. 2 of 2019).Based on Article 1 number 5 Permenaker No. 2 of 2019, Productive Migrant Villages (Desmigrative) are migrant villages that have been designated as recipients of the Indonesian migrant worker community empowerment program.Referring to Article 7 paragraph (1) letter b Minister of Manpower Regulation No. 2 of 2019, empowering the PMI community (prospective PMI, PMI, retired PMI and their families) at Desmigrative is carried out, among other things, by developing productive businesses so that the Indonesian migrant worker community has the ability to do business/entrepreneurship and develop their businesses.It is imperative to guarantee that children of Indonesian migrant workers acquire their rights under the Child Protection Law in the event that they are compelled to work overseas and leave their kids behind.Education, development, citizenship status, health care, and safety from prejudice, exploitation, abuse, violence, cruelty, injustice, and other forms of maltreatment are a few of these children's rights.Because of this, Law No. 35 of 2014's Article 20 establishes the duties and responsibilities of the community, parents or guardians, state, and local governments to protect children.Regarding child protection, prospective Indonesian migrant workers and their families need to receive training on how to care for children.Prospective Indonesian migrant workers need to be given the understanding to maintain communication and pay attention to their children's development even though they are working abroad.Likewise, the families of Indonesian migrant workers, especially children's guardians, need to find ways to care for their children and guarantee the implementation of children's rights.Because of this, the government must, in accordance with Article 7 paragraph (1) letter c of Minister of Manpower Regulation No. 2 of 2019, encourage the establishment of family development communities in Desmigrative.It is envisaged that the children of migrant workers will benefit from this assistance and have their rights upheld.
___________________________________________________________________________ Rev. Gest.Soc.Ambient.| Miami | v.18.n.7 | p.1-13 | e08138 | 2024.10 for PPPMI who do not place PMI candidates by what is stated in the work agreement, as regulated in Article 19 paragraph (2).This aims to ensure PPPMI's compliance with the work agreement that has been agreed with prospective migrant workers.In addition, based on the provisions of the Regulation of the Minister of Manpower of the Republic of Indonesia Number 4 of 2023 concerning Social Security for Indonesian migrant workers, the implementation of the placement of Indonesian migrant workers is required to include Indonesian Migrant Workers in the Indonesian migrant worker social security program.The social security program provided for Indonesian migrant workers consists of four main components.First, the Work Accident Insurance Program protects against the risk of injury or accident while working.Second, the Death Insurance Program provides compensation for the families of migrant workers if the person concerned dies.Third, the Old Age Security Program helps migrant workers in financial preparation for retirement.Finally, the Advanced Social Security Program offers additional protection for migrant workers after their work period abroad ends.These four programs are designed to provide comprehensive protection for migrant workers in various aspects of their lives.

Table 1
Number of Indonesian Migrant Workers in Lampung Province from 2019 to 2023