Legal Dilemma Of Undocumented Indonesian Migrant Workers In Malaysia (Resistance And Legal Compliance Towards Recalibration And Repatriation Policies)

Sofiani, Trianah and Kamaludin, Iqbal (2024) Legal Dilemma Of Undocumented Indonesian Migrant Workers In Malaysia (Resistance And Legal Compliance Towards Recalibration And Repatriation Policies). [Research]

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Abstract

This study aims to explore the legal dilemma of undocumented Indonesian Migrant Workers in Malaysia in determining the choice between legal compliance with or resisting the recalibration and repatriation policies. To identify the patterns and characteristics of resistance and compliance of undocumented Indonesian Migrant Workers to the policy. Exploring and finding strategies and policies that have been and should be implemented by the Indonesian government towards undocumented Indonesian Migrant Workers in Malaysia. The theories used as analytical knives are the theory of legal obedience, the theory of rational choice, the theory of rational action and the theory of resistance. Legal sociology research with a qualitative approach. The key informants are undocumented Indonesia Migrant Workers who are or have worked in Malaysia. The data collection technique uses observations, interviews, questionnaires and document studies. The analysis technique uses an interactive model. The results of the study show that the dilemma of the undocumented Indonesia Migrant Worker Law in Malaysia related to the recalibration and repatriation program occurs because of the rationality based on motive or goal by considering the consequences of various options before taking action. The consequences and options that exist, namely: 1) the program registration process is complicated and long, so taking care of registration will take time; 2) the registration fee for the recalibration and repatriation program, if calculated, is more expensive than the cost through the back line or other unofficial routes; 3) There is a fear that Indonesia Migrant Workers are undocumented where if they register for the recalibration and repatriation program, they will be arrested, in prison, in deportation and on the blacklist so that they can no longer work in Malaysia. The patterns and characteristics of resistance of Indonesia Migrant Workers are undocumented, namely closed or covert patterns, and semi-open patterns. The two patterns that are most commonly carried out by undocumented Indonesia Migrant Workers are closed or covert patterns, namely by going through the back lane of the aisle. Semi-open patterns and characteristics are carried out in an organized manner but in a stealthy way. The pattern and characteristics of legal compliance for undocumented Indonesia Migrant Workers are compliance and internalization. Compliance is legal compliance based on the expectation of a reward or avoiding a punishment. The internalization pattern is legal compliance that occurs if a person complies with a legal method intrinsically based on belief in the purpose of the legal method. Strategies and policies to deal with Indonesia Migrant Workers are not documented by the Government of Indonesia, related to recalibration and repatriation policies, namely: 1) massive socialization from the Indonesian Embassy through social media and other channels; 2) providing maximum service to Indonesia migrant workers related to the necessary documents to support the recalibration and repatriation program; 3) forming a task force in improving surveillance and security in the Indonesia-Malaysia border areas; 4) carrying out various operations in border areas and other areas that are suspected to be areas for departure and return, including the detention of undocumented migrant workers; 5) Amnesty for illegal migrant workers, through Diplomacy; and 6) establishing a one roof system for handling migrants. The strategy and policy of the Indonesia government that should be carried out to deal with undocumented Indonesia Migrant Workers in Malaysia is a problem-based strategy for Migrant Workers that is carried out in a planned and coordinated manner by involving various elements of the government and non-governmental institutions at the regional, national and international levels, including Indonesia migrant worker communities in Malaysia.

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