Despite comprehensive legal regulations, Indonesian migrant workers continue to face exploitation, irregular recruitment, and human trafficking. One of the main contributing factors is normative ambiguity and overlapping legal protection arising from the coexistence of Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers and Law No. 21 of 2007 concerning the Eradication of Human Trafficking. This study aims to formulate an ideal legal construction capable of providing legal certainty and substantive justice in the protection of Indonesian migrant workers. The research employs normative legal methods using statutory, conceptual, philosophical, and case approaches. The primary legal sources consist of statutes and case law, while the secondary legal sources comprise legal principles and recent academic publications. The findings indicate a tendency in judicial practice to focus on administrative violations under the Migrant Workers Protection Law because they are procedurally easier to prove, while overlooking the substantive elements of exploitation that should trigger prosecution under the Human Trafficking Law. As a result, legal protection remains fragmented and inconsistent. This study proposes an integrated legal construction comprising five interrelated elements: harmonization of regulations, conceptual clarification of exploitation, integrated enforcement of labor and criminal law, technical judicial guidelines issued by the Supreme Court, and victim-centered legal protection. This integrated framework offers a new conceptual model for harmonizing administrative and criminal legal regimes to provide legal certainty and substantive justice in the protection of Indonesian migrant workers.
Afiliasi berasal dari OpenAlex; metadata OAI-PMH jurnal tidak memuatnya. Penulis tanpa ID OpenAlex dicocokkan berdasarkan nama, sehingga dua orang bisa tergabung atau satu orang bisa terpisah.