"Posthumanization" An Attempt to Grant Substantial justice for Migrant Workers

Krustiyati, J.M. Atik (2013) "Posthumanization" An Attempt to Grant Substantial justice for Migrant Workers. In: PIERRE BOURDIEU: A Reflexive Sociology of Law and Society. Thafa Media dan UNNES Faculty of Lay, Semarang, pp. 113-146. ISBN 9786021716045

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Abstract

Globalization has affected many things in human life, one of which is regarding the human migration. (Indonesian) migrant workers are often suffered from inhumane action and unable to obtain maximum protection of their rights. It can also be said that they experience dehumanization. The latest example advertisement entitled "Indonesian maids are now on sale", circulated in Kuala Lumpur, Malaysia in October 2012. This advertisement is considered as dehumanization of Indonesian migrant workers, as if they were items that can be sold and traded. Attempts to humanize Indonesian labors can be done in various ways, such as by providing strong regulations. Some of these laws include the Law No. 39 year 2004 concerning the Protection and Placement of Indonesian Workers Abroad; Law No. 37 year 1999 on Foreign Relations; the ICCPR that has been ratified by the Government of Indonesia in Law no. 12 year 2005; Law No. 16 year 2012 on the Ratification of the International Convention on Protection of the Rights of All Migrant Workers and their Families; and Law No. 16 year 2011 about Legal Aid. Approach from perspective of legislation is considered not sufficient to address existing problems. As such, it takes more than the concept of humanization. This paper suggests the concept of post-humanization that aims to completely humanize a human. This can be done by intensifying inter-cultural dialogue and by executing the real state's responsibility towards migrant workers. Hence, it is recommended to reform the implementation of the rights of migrant workers from substantial, structural and cultural aspects in order to ensure substantial justice for these workers.

Item Type:	Book Section
Uncontrolled Keywords:	Post-humanization, Migrant Workers, State's Responsibility, Substantial justice
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	Ester Sri W. 196039
Date Deposited:	23 Nov 2022 02:32
Last Modified:	23 Nov 2022 02:32
URI:	http://repository.ubaya.ac.id/id/eprint/42885

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