Marriage Legalization For Indonesian Migrant Workers (Implementation of 'Justice for All' for Migrant Workers at Tawau, Sabah, Malaysia)

摘要

The number of Illegal Marriages (sirri) among Indonesian migrant workers abroad is quite fantastic. Illegal marriages raise many problems such as law issues: their marriages are not recognized by the state, children born without birth certificates and at risk of statelessness, have no access to education and health Therefore, due to the extraordinary impact, especially for children, Indonesian Government makes an effort of marriage ithbat (legalization) for migrant workers who had conducted illegal (unregistered) marriage. The study provides an overview of the marriage ithbat implementation for migrant workers and observes the impacts. The research finds that the government still has to work hard to realize their duties and obligations in protecting the civil rights of migrant workers, because what they have done is still far from expectations. The complexity of the problems have become inextricably intertwined and coincide with each other, they are: the behavior and characteristics of migrant workers, the process of their arrival to Malaysia, the broker's treatment, the plantation owners' treatment, the Malaysian Government's attitude and service, and the attention of the Indonesian Government. Marriage ithbat program for migrant workers, which was intended only as a curative program, will fail and be an endless program if the most basic source of the problem is not prevented, namely the illegal entry of migrant workers to Malaysia.