Lentera Hukum, Volume 8 Issue 1 (2021), pp. 151-174
ISSN 2355-4673 (Print) 2621-3710 (Online)
https://doi.org/10.19184/ejlh.v8i1.18725
Published by the University of Jember, Indonesia
Available online 24 April 2021
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* Corresponding author’s e-mail: habibismail65@gmail.com
The Protection of Indonesian Migrant Workers
under Fiqh Siyasah Dusturiyah
Habib Ismail
IAIMNU Metro Lampung, Indonesia
Dani Amran Hakim
UIN Raden Intan Lampung, Indonesia
Muhammad Lutfi Hakim
IAIN Pontianak, Indonesia
ABSTRACT: The position of migrant workers is often seen as a weak party. To some extent,
such migrant workers are regarded as similar to slaves. In Indonesia, the government has to
protect all citizens, including those abroad who have the status of migrant workers. Migrant
Workers’ Protection Law 18/2017 was issued to protect citizens as migrant workers. However,
several migrant workers remained legally unprotected abroad. This study used the normative
approach that aimed to discuss the protection of Indonesian migrant workers from two-fold,
juridical and fiqh siyasah dusturiyah perspectives. While the government protected migrant
workers by issuing Law 18/2017, it has more specifically provided directions and objectives to
protect migrant workers. This Law ensures human rights for migrant workers despite legal,
economic, and social protection for them and their families. Then, the protection of migrant
workers from fiqh siyasah dusturiyah should be under the four principles of the workforce in
Islam: human independence, human dignity, justice, and the clarity of the contract and wage
transaction.
KEYWORDS: Indonesian Migrant Workers, Right to Work, Islamic Law.
Copyright © 2021 by Author(s)
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International
License. All writings published in this journal are personal views of the authors and do not
represent the views of this journal and the author's affiliated institutions.
Submitted: 22/12/2020 Reviewed: 28/12/2020 Revised: 05/03/2021 Accepted: 12/03/2021
HOW TO CITE:
Ismail, Habib, et al., “The Protection of Indonesian Migrant Workers under Fiqh Siyasah
Dusturiyah” (2021) 8:1 Lentera Hukum 151-174. DOI: <https://doi.org/10.19184/ejlh.v8i1.
18725>.