Perlindungan hukum terhadap pekerja migran undocumented Indonesia di Korea Selatan dalam perspektif Hak Asasi Manusia

This thesis is the result of a study entitled "Legal Protection for Undocumented Migrant Workers in South Korea." This thesis was written to answer the research questions established by the author: 1. What are the underlying factors that lead someone to become an undocumented migrant worker? And how is legal protection for undocumented Indonesian migrant workers in South Korea from a human rights perspective? The data for this research was obtained using empirical legal research methods. The theories used in this study are Legal Protection Theory, Human Rights Theory, and Legal Certainty Theory. The study was conducted in and around Busan, South Korea, using a socio-legal studies approach. The results of this study indicate that the biggest factor in the practice of undocumented migrant workers in South Korea actually stems from things that should have been prevented from the departure of migrant workers by the government itself, which still has many shortcomings, starting from weak pre-departure training standards, weak supervision of private departure agencies, to excessively long administrative processes, transparency of environmental conditions and work contracts which cause new problems for workers when working in Korea, such as unilateral dismissal, to labor exploitation. And also the protection provided still has many shortcomings, this can be seen with the most important problem, namely the absence of protection for undocumented migrant workers, this is because basically the government does not want to recognize them de jure. This is what then encourages violations of the rights received by undocumented migrant workers. Therefore, as a country that is guided by the principles of Human Rights, it is the government's obligation to provide legal protection for migrant workers without any discrimination of status. Therefore, it can be concluded that this research on legal protection for undocumented migrant workers indicates that the government still has much work to do. Law No. 18 of 2017 concerning the Protection of Migrant Workers still lacks the concept of human rights principles, even though Indonesia has ratified the 1990 UN Convention on the Rights of Migrant Workers in Law No. 6 of 2012 concerning the Ratification of the 1990 Migrant Convention.