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6 Indon. L. Rev. [i] (2016)

handle is hein.journals/indolawrev6 and id is 1 raw text is: 




                                                                 Editorial


   The  first edition of Indonesia Law Review (ILRev) in 2016 continues presenting
most  recent development  of various legal issues in Indonesia. This edition covers
issues regarding  labour  migration, human   trafficking, bio diversity protection,
judicial review on administrative action, ecological justice and peasants land rights in
Indonesia. The broad range of discussion presented in ILRev pictures the dynamic of
laws and legal practices in Indonesia.
   Over the world, economic  growth  of a country is sponsored partly by migrants.'
Migrants have  been contributed to the labour market in both high and low  skilled
occupations in the receiving countries.2 According to data gathered by Department
of Statistics of ILO in its ILO Global Estimates on Migrant Workers published in 2015,
almost  ten percent of total 150.3 million migrant workers  are migrant domestic
workers.  In this regard, millions of Indonesian nationals choose to seek brighter
opportunities as migrant domestic workers  in foreign countries. Malaysia is one of
the favored destinations as it demands high number of domestic workers, in addition
to its geographical situation which is close to Indonesia and the common  culture
and language.4 In some cases, migrant domestic workers are often situated in fragile
positions which result in prosecution of rights in receiving countries. Those situations
are caused by the lack of protection in the receiving countries and from the origin
countries. In the first article titled Abused and Alone: Legal Redress for Migrant
Domestic   Workers   in Malaysia, authors identify laws and  policies in Malaysia
which  viewed to have  holes in protecting the rights of migrant domestic workers
in Malaysia. Authors  then continue by  giving best practice from other countries
regarding the realization of the workers' rights.
   Besides labour migration, human  trafficking has become one of the global issues
which  cause millions of people  tortured, humiliated and even  murdered.  In the
region of South East Asia, trafficking in persons is conducted across borders within
the region. Particularly in Indonesia and Thailand, both countries are dealing with
massive numbers  of trafficking in persons in their fisheries industries. In the effort to
combat  trafficking in fisheries industries in Indonesia and Thailand, the author of the
second  article titled Indonesia & Thailand: Maltreatment/Forced   Labor/TIP  in
Fisheries in Indonesia/Thailand  raises unique perspective. The author merges the
use ofinternational treaties and agreements which Indonesia and Thailand are parties,
their domestic regulations and U.S. Victims of Trafficking and Violence Protection Act
Year 2000  (U.S. TVPA). The author views U.S. TVPA as one of the push factors for the
government  of Indonesia and Thailand to mend their national legislations and policy
to combat trafficking in fisheries industry
   The  third article titled Bridging the Implementation   of the Nagoya-Kuala
Lumpur Supplementary Protocol on Liability and Redress in Indonesia
   I International Labour Organization (1), The Contribution of Labour Mobility to Economic Growth,
Joint Paper for G20 Labour and Employment Ministers' Meeting, Ankara, Turkey, 3-4 September 2015, p. 2.
   2 Organisation for Economic Co-operation and Development, Is Migration Good for the Economy?
https //wwwonecdorg/migration/OECD%20Migration%20PolivY%20Debates%20Numero%202 pdf. ac-
cessed 28 April 2016.
     International Labour Organization (2), ILO Global Estimates on Migrant Workers: Results and Method-
ology (Special Focus on Migrant Domestic Workers), (Geneva: ILO, 2015), p. xi.
     Alice Huling, Domestic Workers in Malaysia: Hidden Victims of Abuse and Forced Labor, New York
Universityjournal of International Law & Politics VoL 44 Issue 2 (Winter 2012): 643.


Volume 6 Number 1, January - April 2016 * INDONESIA Law Review

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