Legal Protection Efforts for Indonesian Migrant Workers (PMI) in Dubai, United Arab Emirates, Based on Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers

Legal Protection Efforts for Indonesian Migrant Workers (PMI) in Dubai, United Arab Emirates, Based on Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers Author: Usman Arifin M Labor Law Consultant / Human Capital Practitioner / Founder of USALawfirm / Alumni of the Master of Law Program in Labor Law, Faculty of Law, University of Indonesia

Abstract Indonesian Migrant Workers (PMI) have made a significant contribution to the national economy through remittances. However, their positions abroad often expose them to various vulnerabilities, particularly in countries where labor protection systems are limited, such as Dubai, United Arab Emirates (UAE). Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers was enacted to strengthen legal, economic, and social safeguards for PMI. This journal aims to analyze the implementation and challenges of legal protection for Indonesian migrant workers in Dubai under the provisions of the 2017 Law, focusing particularly on recruitment, placement, and dispute resolution mechanisms. The study employs a normative-juridical method combined with a comparative approach, supported by empirical data from documented cases and international legal frameworks. Keywords: Indonesian Migrant Workers, Legal Protection, Dubai, Law Number 18 of 2017, Human Rights Introduction Indonesian migrant workers, commonly referred to as PMI, are one of the nation's vital assets. According to data from the Indonesian Migrant Workers Protection Agency (BP2MI), the number of PMI working in the Middle East, including the United Arab Emirates (UAE), continues to rise. Dubai is one of the most favored destinations due to high demand in the domestic, construction, and service sectors. However, issues such as unequal working conditions, lack of contractual protections, and limited access to justice remain persistent challenges for PMI. Law Number 18 of 2017 is expected to serve as a comprehensive legal foundation that ensures protection before, during, and after employment abroad. This journal evaluates the effectiveness of the law's implementation in Dubai, UAE, and examines the persistent obstacles in practice. Problem Formulation What forms of legal protection are available for PMI in Dubai under Law Number 18 of 2017? What are the challenges in implementing protections for PMI in Dubai? What solutions can enhance the effectiveness of legal protection for PMI in the UAE? Research Methodology This study adopts a normative juridical research method, utilizing statutory and comparative approaches. Secondary data was obtained through literature studies, relevant national and international legislation, and case reports from BP2MI and the Indonesian Embassy in Abu Dhabi. A sociological approach was also employed to capture field realities and testimonies from PMI in Dubai. Discussion 1. Forms of Legal Protection under Law Number 18 of 2017 This law outlines comprehensive protection for PMI through three key stages: Pre-Placement: Includes training, competency certification, and clear employment contracts. During Placement: PMI are entitled to legal protection, social security, and access to legal assistance from Indonesian diplomatic representatives abroad. Post-Placement: Covers social reintegration, post-contract legal aid, and complaint services. Article 30 of Law Number 18 of 2017 mandates the government to ensure PMI protection through bilateral diplomacy and strict supervision of licensed placement companies (P3MI). 2. Conditions and Challenges in Protecting PMI in Dubai The main challenges faced by PMI in Dubai include: The Kafala System (sponsorship): Ties PMI entirely to their employers, restricting job mobility. Absence of a binding bilateral agreement between Indonesia and the UAE concerning labor protection standards. Inadequate oversight of illegal recruitment agents. Limited legal literacy among PMI. Restricted legal intervention from the Indonesian government in cases of contract violations or abuse. 3. Diplomatic Efforts and the Role of Indonesian Representatives The Indonesian Embassy in Abu Dhabi and the Consulate General in Dubai play a strategic role in: Mediating disputes between PMI and employers. Providing legal aid and shelters for PMI who are victims of abuse. Collaborating with local authorities and the International Organization for Migration (IOM). However, these efforts are hindered by limited staffing and suboptimal digital complaint systems. 4. Comparison with International Protection Standards ILO Convention No. 189 on Decent Work for Domestic Workers and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) serve as global references. Although the UAE has not ratified these conventions, Indonesia can advocate for bilateral Memorandums of Understanding (MoUs) that adopt the minimum standards set out in these instruments. Conclusion Law Number 18 of 2017 provides a solid legal framework for protecting Indonesian migrant workers, including those in Dubai. However, the law's implementation faces significant real-world challenges, such as the Kafala system, the absence of bilateral labor agreements, and the lack of legal awareness among PMI. Therefore, a coordinated effort involving the government, licensed recruitment agencies, civil society organizations, and overseas diplomatic missions is essential to enhance meaningful protection. Recommendations Strengthen Bilateral Diplomacy: The Indonesian government should establish legally binding agreements with the UAE regarding PMI protection standards. Enhance Legal Education for PMI: Through pre-departure training that includes legal rights and complaint mechanisms. Digitalize P3MI Oversight and Services: By implementing integrated databases and online reporting systems. Optimize the Role of Indonesian Embassies and Consulates: By increasing the number of staff assigned to handle PMI cases and expanding the availability of shelter facilities. Strengthen Regional and International Cooperation: Indonesia should actively participate in international forums to advocate for improved working conditions for migrant workers in the Middle East.