Violence Against Women and Immigrant Workers

Sela Santika, Hudi Yusuf

Fakultas hukum Universitas bungkarno

Email : [email protected], [email protected]

Abstract

The resistance can be represented by who is responsible and can be known where Saia is. Navavo's most vulnerable are swayed by corruption, whether it's violence that is reported in the public maurua domain of violence. Having seen both physical violence and economic displacement, as well as sexual violence and baddest violence, women are Eria Wadi's focus. These markings. Because work becomes innocent of the violence. Even the violence they control can increase or decrease from one type of violence within a time together.Because of ven dab's education, kuranenza skills have been developed, and dispossi enabled as a dekeria on wereka serina is awarded as a state-owned pablum that always contributes the largest economy, varun kenedulian to, they so., violence against women has a variety of effects on victims, physically and psychologically. Psychologically, victims commonly experience low self-esteem, guilt, a tendency to blame themselves, deep sadness, a feeling of not wanting to go through life (depression) and post-traumatic stress disorder. On the other hand, the effects of this psychic disorder led to the risk of drug addiction such as narcotics, smoking, and alcohol increase. The Indonesian nation, as part of the world community, has accepted the gender equality movement. They are consistent with the values contained in Pancasila, the state philosophy. But so far, violence against women still frequently occurs, especially against women in socially vulnerable economies, including women migrant workers. Ironically, violence against women migrant workers is not only done by others who have no family relationship with the victim (the employer) but also by their own families before they become migrant workers. For some women migrant workers, migrant workers the choice to be truly meant a way out of suffering in the family. But the tragedy in the workplace is that they actually get into the trap of violence. Therefore, the empowerment of women is still very relevant and even urgent and conducted comprehensively.

Keywords: violence, violence against women, immigrant workers

Corresponding Author: Sela Santika

E-mail: [email protected]

INTRODUCTION

Violence is a term loaded with the meaning of "suffering", both analyzed from a psychological and legal perspective, in which behaviour contained human beings, both individuals and groups, cause suffering to others (Ramadha, 2022). Violence is basically all forms of behaviour, both verbal and non-verbal, carried out by a person or group of people against a person or group of other people so as to cause negative effects physically, emotionally, and psychologically on the person being targeted (victims of violence).' Therefore, violence can be carried out either directly or indirectly (Andaru, 2021).

Violence that occurs in society actually departs from a certain ideology that legitimizes oppression; on the one hand, both individuals and groups against other parties are caused by the perceived imbalance between forces that exist in society (Lekatompessy et al., 2023). Violence is also an act that occurs in human relations, so to identify perpetrators and victims must be seen in a relationship position, but violence almost always occurs in a hierarchical position (Jailani, 2020).

Violence can be done by anyone regardless of gender or age (Anggoman, 2019). Work or education level, and can occur anywhere in both the domestic and public spheres with various types such as physical, psychological, economic neglect, and sexual violence (Fegert et al., 2020). The violence experienced by each victim can be layered or more than one type of violence at the same time (HARYONO, 2023). The majority of victims of violence are vulnerable groups that include children with various conditions and ages, as well as women (Shapira et al., 2023). It is realized that for victims such as children who experience violence, the growth and development process will be disrupted due to the lack of fulfilment of their physical needs (Suyanto, 2019). Violence will also affect self-behavior and perspectives on others, causing psychological trauma such as fear, apathy, not caring about the surrounding environment, and lack of confidence in one's own abilities. The biggest impact that occurs due to violence is the emergence of a new generation as the next perpetrators of violence (Husna, 2014).

RESEARCH METHODS

This research uses normative juridical methods. The approach method used is the statutory approach and the conceptual approach. This research uses primary and secondary legal materials such as articles, legal journals, law books related to the Legal Protection of Indonesian Migrant Workers and primary data consisting of laws and regulations and international conventions. The technique of collecting legal materials uses secondary legal materials.

RESULTS AND DISCUSSION

Forms of Violence Against Migrant Workers

A migrant worker is someone who seeks work abroad and is entitled to a decent wage within a predetermined period of time according to the agreement of the work agreement in the country to be addressed (Febrianti & Afifah, 2023). Every human being has the right to I can work where Saia is in accordance with his abilities and interests. Indonesian Until now, it has very limited employment opportunities, making people migrate to seek income abroad (Tyas & Triwahyudianto, 2017). That's not all people get far greater income yields than in Indonesia, This is what invites a positive view of the community. From this positive view, they do not know the many risks that will occur when working abroad (Nurtjahjanti & Ratnaningsih, 2011)a.

According to data obtained by the Indonesian Migrant Workers Protection Agency (BP2MI) There were several complaints from the PM, including from Saudi Arabia as much as 29.5% with 50 complaints, Malaysia as much as 16.5% with 28 complaints, Taiwan as much as 10.6% with 18 complaints, UAE countries as much as 7% with 12 complaints, Poland as much as 6% with ten complaints, and other countries as much as 30.4% with 51 complaints (BP2MI,ï¿½ 2022). From the complaint data obtained by BP2Ml, among others, such as:

A. Violence

Until now, Indonesian Migrant Workers have experienced physical violence, non-physical violence, and mental violence from employers. Basically, it has been regulated in article 10 and article 11 of the International Convention on Protection of the Rights of All Migrant Workers and Members of Their Families in which no one can treat migrant workers as targets of oppression or inhuman punishment and migrant persecution is not allowed to be enslaved.Trafficking in persons

B. Trafficking in persons

Trafficking is often found in vulnerable non-procedural PMs on the part of irresponsible private migrant worker placement companies. Interstate trafficking is often forced to do so sexual exploitation, prostitution, drug dealers, and organ sales.

Basically, it has been regulated in Law Number 21 of 2007 article 4, which says that someone who brings Indonesian people who aim to exploit abroad will be subject to imprisonment of at least three years and not more than fifteen years and a fine of at least Rp. 120,000,000.00 (one hundred twenty million rupiah) and a maximum of R 600,000,000.00 (six hundred iuta rupiah).

C. Unpaid Salary in accordance with the Employment Agreement

Before the departure of the workforce, the PM knew the Salary he would receive each month, which was mutually agreed upon and signed.

However, some of what PMI experienced did not get a salary or only got a much smaller wage, so it was not in accordance with the agreement before working. It can be seen from BP2Ml data that 83 people complained about unpaid wages (BP2MI, 2022). The PM whose wages are not in accordance with the work agreement because they were previously unaware of their rights that have been stated in the work agreement so that in the future, it will not be fulfilled by the employer. Basically, it has been arranged as related labour that has been included in Law Number 11 of 2020 article 6 letter (f), which states that to get standard wages in accordance with the regulations in the destination country or in accordance with the agreement of the Keria letter agreement

Woman

In everyday life, humans are often distinguished by a biological dichotomy between male and female. Men are different from women biologically. These differences can be seen in aspects of body anatomy related to sex, procreation and nature, such as differences in genitals, breasts, sperm or egg production, Adam's apple, moustache and others (Oakley, 1972; O'Donnell, 1981:311; Fakih, 1996: 8 as quoted by Poin Sumarti and Ekawati Sri Wahyuni, 2003: 4).

The male-female sex is fixed and non-interchangeable, so it is often referred to as nature. It is permanent, universally distinct, unchanging, and is a biological provision.

Beyond biological differences, men differ from women sociopsychologically. This difference arises from the culture of the society in which men or women are located and are part of it.

For example, women are known as gentle and emotional, while men are considered strong, rational, mighty and others (Fakih, 1996: 8 as quoted by Poin Sumarti and Ekawati Sri Wahyuni, 2003: 4). In society. It is also common to divide work according to the type of clam. For example, in certain societies assume that women have duties take care of the household, husband and children.

While men are in charge of earning a living and other affairs outside the home, the problem that occurs is if the difference in gender roles then causes a distinction between male and female gender roles, where female gender roles are valued lower than male gender roles. More than that, there is a tendency for men to act as rulers over women.

Violence against women

Violence against women is any?? Public or private acts of gender-based violence that have resulted in, or are likely to result, in the misery or suffering of women, whether physically, sexually, and/or psychologically. As many as 1 in 5 women aged 15-64 years experience violence every year in Indonesia. Various types of violence against women include physical, psychological/verbal, and sexual violence. Examples of physical violence are molestation, psychological/verbal violence, intimidating behaviour, and sexual violence is rape. Other examples are bullying, early marriage, and human trafficking. Indonesia. Various types of violence against women include physical, psychological/verbal, and sexual violence. Examples of physical violence are molestation, psychological/verbal violence, intimidating behaviour, and sexual violence is rape. Other examples are bullying, early marriage, and human trafficking. Violence against women often occurs in both domestic and public areas. Violence in the domestic realm, often referred to as domestic violence (KDRT), is the violence closest to children and women. According to the Law on the Elimination of Domestic Violence (UU-PKDRT) which is included in the scope of the household are husbands, wives, and children, people who have family relationships with husbands, wives and children because of marital blood relations,ï¿½ milk, care and guardianship, both resident and domestic workers.* The results of Komnas Perempuan's biennial report show that so many cases of domestic violence were revealed, namely 413 cases during the period 2011-2012. One hundred eighty-nine cases occurred in 2011, and in 2012, as many as 224 cases occurred, this is specifically violence against women that occurred in Aceh. When viewed from the side of the perpetrators, in 413 cases, 84.7% were committed by husbands against wives and 22 cases of violence committed by fathers against daughters.

Violence against women that occurs in the public sphere is also often referred to as violence that occurs in the community or community. Violence against women in the public sphere can be recognized by the relationship between the perpetrator and his victim, not related by blood or marriage. But usually, the perpetrator is someone who is well known by the victim, be it friends, girlfriends, neighbours, superiors, school leaders, or officials. Based on the data obtained, violence against women occurred outside the home in as many as 148 cases, especially those that occurred in 2011-2012 in Aceh. Of these cases, 76.2% were people who were well known to the victim, while the remaining 13.9% were carried out by people unknown to the victim, and 9.9% of the perpetrators were not identified in relation to the victim. ï¿½

Based on the data revealed, it can be seen that victims who are vulnerable to domestic violence in the community are women and children, especially girls. Violence can occur anywhere, and the main perpetrators are people who should protect them from various crimes. This shows that there is no guarantee of security anywhere for women. Even though every human being has the human right to feel safe, protected, and free from discrimination, this is a state obligation that must be given to its citizens.

Immigrant or immigrant worker

Migrant Workers (Migrant workers) are people who migrate from their birth area to another place and then work in the new place for a relatively long period of time and settle. There are two types of migrant workers, namely: (a). Internal migrant workers (domestic) are often synonymous with rural people who work in cities. (b).

International migrant pereia. They have left their homeland to fill jobs in other countries. This understanding refers to Indonesians who work abroad, known as Tenaga Keria Indonesia (TKI).' Another term for a migrant worker, according to Suharto, is someone who engages in paid work activities in a country in which he is not a citizen." However, migrant workers here are more female workers who experience many problems in the country where they work.

Women may be relegated to certain duties and roles and may be oppressed by state or religious laws or abused by perpetrators of religion as a way to gain power and control. This does not mean that all women themselves are passive or submissive. Violence against women is socially constructed and reinforces the unfair distribution of power between men and women in society. Immigrant and refugee women also face additional types of violence, such as immigration-related harassment through threats and violence perpetrated by their partners. A woman's immigration status not only increases her vulnerability to violence but can also exacerbate the nature of the violence she experiences.

ï¿½ High-status immigrant women can face their partner's manipulation in ways related to the newcomer experience. For example, they may be barred from learning English or French or working, which further leaves them isolated.

ï¿½ Non-status women face extreme vulnerability because they have no legal status. They are more reluctant to call the police for fear of deportation and the loss of their children.

The enthusiasm of the Indonesian population, especially women who go abroad to find work, continues to grow along with the increasingly deteriorating domestic economy, especially resulting in poorer rural areas. For example, droughts have uncertain durations, so people who usually work as farmers are constrained by farming activities. The teriadinya of crop failure also causes a sense of prustasies for rural communities because the capital spent on the farming process is very large as land processing must use machines if it is not followed or wants to process traditionally, it will be left behind; both from the initial process to the harvest period this is also an obstacle and also in Indonesia there are still many agricultural lands with a rain-tada system,ï¿½ So if the rainy season is continuous, it will experience flooding and if the dry season will experience drought. This is also caused by seasonal changes in our country. This change is caused by one of the effects of global warming (global worming)

Motivating factors for immigrant working women

The increasing economic burden in the household and the low level of education and skills are factors driving women to seek work, especially as domestic helpers abroad. Another reason that triggers women to want to find work abroad is to try to improve the economic condition of the family, assuming income in the region alone cannot guarantee the fulfilment of the necessities of life. There are also those who want to work abroad as a daughter's filial piety to her parents in the hope that migrating can change the fate of family life.

But the decision to leave home is not always on your side Women are caused by the thick patriarchal culture that marginalizes women.

This patriarchal culture also makes women migrant workers vulnerable to exploitation and violence, including those committed by their families. Women are still placed as granaries and the backbone of the family, serving food, raising children and livestock, which are family property, and being the manager of the garden or field to support life. This is not a wrong thing to do, but at a time when the abundance of duties is given priority to women alone, it is inhuman, even though the family complement each other and cooperation is expected.

So that no one party feels burdened.

Another factor that causes women to become migrant workers is that most of the development carried out in our country is not accompanied by widespread access to state facilities to the community, especially women, see how many women cannot check their reproductive health, resulting in high maternal mortality rates, malnutrition problems are also suffered by them, even access to education services becomes an expensive item for girls So that the closure of job opportunities for him. This is the final level at which women feel a moral responsibility to improve their lives and their families.

If there is a lure to be able to work abroad with high wages, it is an opportunity for women who have been in material difficulty. However, there will be many unfair treatments for those who know their capacities are lacking in all fields and the non-fulfilment of their rights as individuals and citizens, as well as education, which is an important factor in this life. How the level of mobility of people who do not know the alphabet, television, and other means of communication suddenly have to fly by plane abroad is not amazing to anyone. However, they are only employed in the domestic section as domestic helpers.

By looking at the economic weaknesses experienced by women, labour companies use this opportunity to use the services of brokers. The brokers use various ways to get their prey by committing fraud and coercion, such as intimidation, violence, and kidnapping.

After getting a prospective worker, the workers concerned are burdened with high costs for the purposes of managing all kinds of travel documents. In this case, there is often a practice of making documents with false identities supported by government personnel, such as heads of hamlets, villages, sub-districts and immigration officials.

The problem of making pals documents for prospective migrant workers has been broadcast on one national television where they have to pay the cost of making documents at prices varying from millions to hundreds of thousands, depending on the needs of when these prospective workers will use. For example, documents that are completed in a fast time (express) must be paid up to two million. It is a fantastic price if seen by anyone, they will not think that it is a document fake (bogus) with its shape and colour, thickness size, everything is perfect. At the time, the manufacturing process was shown using simple tools only armed with a laptop and an ordinary printer, but it could be exactly the same as the original document. Strangely, again, at the time of document inspection, certain parties could get away with it at the departure time. This is happening at one of the International Airports in Indonesia. This work seems to show that there is beneficial cooperation between the perpetrator and certain parties, but who knows exactly?

Before departure, prospective migrant workers are gathered in shelters.

From this place, violence began to arise against prospective female workers, such as neglect, departing from their hometown with unclear documents so that they could go to the promised destination country. Detention due to the length of the departure process and fear of being discovered that there are perpetrators of crime. They are held in one room, if seen as very inappropriate, with a small room capacity inhabited by many humans of average age.

However, this can be revealed to the mass media. Sometimes, there are prospective migrant workers who manage to escape. Rape and sexual harassment are things that are commonly accepted and felt by prospective migrant workers. This is carried out by irresponsible agents of the Indonesian Manpower Service Company (PJKTI). Or the security guards in where female labour candidates are placed or held captive

Violence against women migrant workers in the workplace

Once in the destination country, women migrant workers are often faced with work conditions that are not as promised, for example with relatively long working hours, no holidays, prohibited from worship, Salary not paid or if paid inadequately (less), neglect and forced return, fraud ole agents to extend work visas, physical and psychological abuse,ï¿½ Such as eating stale food or pet food, beating to severe injuries, doused with hot water, cut and gnashed fingers, ironing his body, poked rattan ears, and sexual assaults such as harassment, rape and forced work for prostitution. All the problems faced by female migrant workers are not something new to hear. The author himself had an interview with one of the female migrant workers working in Malaysia in 2007, but deliberately, the author met directly with a victim whose physical condition was very miserable with her relatively old age to work in a country of people, namely a 50-year-old widow,ï¿½ From his narrative he was tempted to earn a lot of income to support the needs of his family members. And he was also influenced by the invitation of his neighbours, who always said to work lightly but earning very generous wages. But the reality is that after he left his hometown, he suffered both physically and psychologically. For example, he was not allowed to eat until all the family members of his employer were finished.

This may not be a problem for him, but after everything is done, it turns out that his employer feeds him in a dose like a restaurant, but if the food is left over yesterday with the taste has changed, then the worker gets a jumbo portion and should not be left at all. Once a worker They did not finish the food that had been given by his employer because the side dishes he ate were stale, then he threw it in the trash, but all that was known to his employer. So, the cruel treatment received by the worker from jambakansampai, with a blind kick, he felt, and his Salary was withheld on the grounds that the price of food discarded was greater than the Salary of the worker. While his documents were held by the employer, because he couldn't take them anymore, he finally ran away." This is a phenomenon often experienced by women migrant workers. Where protection and respect for them are sorely lacking, both employers and governments themselves, even though they are often touted as the country's foreign exchange heroes. but what The meaning of the word if they are hurt and neglected both physically and psychologically Despite the harsh treatment received by female migrant workers, they did not dare to resist. This is because these workers do not have official documents Travel such as a passport or work permit. This is the same as Suharto said These women workers have two 'enemies', namely employers and employment companiesworkforce. I2 Before they depart, prospective workers are deceived by agents and brokers who recruit them and, after being registered as labourers then leave for the country Their purpose is to be treated inhumanely by employers in the workplace When they return to their home areas, both lucky migrant workers and The disadvantaged remain marginalized. For example, for lucky workers Every time he receives a salary, he always sends it to his village with the expectation of a good cost.

More used to meet the needs of family members can be saved for savings when workers return to their villages. But many of them find the money earned by her used by husbands to remarry or used for sprees and so on. These workers were used by his family to obtain financial benefits. For women migrant workers who are less fortunate to have received inhumane treatment, sometimes they return home with empty wallets or armed with one shirt on their bodies and are also burdened with debt. Because at the time of departure, you had to borrow money from neighbours, sell inheritance, or there was also return home with new family members, such as children who were raped by employers and friends who were not known for their contribution to freeing them from employers who behaved immorally. Rape victims often have to face divorce, ostracized from society because they return home not with abundant wealth but holding a baby whose father is not clear. This causes both physical and psychological injuries to the workers themselves.

Another way is violence committed by the state. Where since 1999, the government of the Republic of Indonesia has prepared a special terminal at Soekarno Hatta International Airport in the name of the security of female migrant workers. This special terminal is known as terminal 3. Authorized to centralize repatriation bus services to areas of origin, such as East Java, Central Java, Nusa Tenggara and Lampung. This service is available at an average price of 208 per cent more expensive than public buses. These female migrant workers cannot access public transportation services like most Indonesians. In addition to discrimination over mobility rights and economic exploitation, these women migrant workers are vulnerable to violence. Such as forced searches, extortion of money, and sexual harassment are common. '3

Even though Indonesia's population predominantly embraces Islam, which it teaches an egalitarian nature, it does not discriminate between human beings and other humans, between women migrant workers and those who are not, because every citizen has the same right to be protected from discrimination and has the right to get security and comfort. As mentioned in the Qur'an Surah Al-Hujurat verse 13, which means: "O man indeed, We have created you from a man and a woman, then We made you into nations and tribes so that you might know each other. Indeed, the noblest among you in the sight of Allah is the most captive. Truly Allah is All-Knowing, All-Conscientious*. 14 Based on the author's interpretation in this verse, many Muslims do not observe what they are commanded when Allah clearly shows that there is no difference between men and women but why people treat them, especially for women migrant workers, who are actually not people who should be discriminated against but people who should be prioritized because their services in contributing income to the country are very large.

Women migrant workers are often targeted for violence committed by various parties due to low education, lack of skills possessed, and sometimes only armed with a neat and daily experience of taking care of their households in the village. Even though the conditions and situations in their tempt work are much different, these female migrant workers who mostly work as domestic helpers (PRT) equate customs with customs in their own regions. This is a mistake that is often done even though household chores are often done at home. However, it is not the same, so the employer feels less with the results of the domestic worker's work.

His obligation as a labourer lack of maximum protection for workers. PJTKI only provides counselling about the work system to better understand how the employer wants to work, but they do not provide counselling to employers on how to treat workers at home. Also the workers, before leaving abroad, are not equipped with how to deal with problems that may occur in this destination country, called coping strategies. Training on problem management strategies can involve knowledge about the political and socio-cultural characteristics of the destination country, as well as ways to deal with burnout, stress, and loneliness, as well as knowledge about the functions and duties of the embassy. Therefore, any knowledge related to work, socio-culture, and politics in the destination country must be the main provision for prospective women migrant workers. When it comes to the destination country, it does not become an obstacle that can cause losses both physically, psychologically, and economically for the workers themselves because the lack of diverse knowledge is a trigger for violence against them.

Violence against female immigrant refugees

She may be abused by someone other than her spouse or other than her spouse ï¿½ such as a family member, a community member, someone who helped them come to Ontario, or a job recruiter or employer.

If she migrates to a particular community that is tightly bound and isolated from outside contact, this can impact her ability to access support or intervention. This is especially true if community members support the abuser and minimize or justify the violence. Remember: many small communities may support abusers but fail to support women who experience abuse. This is not unique to the newcomer community.

In addition to living with domestic violence, female refugees in Ontario may face discrimination based on their refugee status.

They may also face discrimination or profiling based on race, ethnicity, creed, language, ability, age, gender identity, sexual orientation, disability, and class.

These changes to the immigration system and laws have had a negative impact on refugee women:

List of Designated Countries of Origin: This is a list of countries considered "safe" by the federal government. Refugee claimants from countries on this list have a shorter time period for the claims process (30-45 days for hearings), no access to appeal, and no opportunity to apply for a work permit.

This list is problematic because it assumes that certain countries are "safer" for women than others. Women who have experienced violence and fled "Safes" will have less time to prepare their claims and will not have the right to appeal their claims if they are rejected.

Increased Risk of Detention: Compulsory detention for "irregular arrivals" or indefinite detention when deportation orders have been issued are risks facing female refugees and their families. Cuts in Health Care for Refugees: The Provisional Federal Health Program significantly reduces service coverage for all refugees. This particularly affects women who experience violence and do not have access to pre-and postpartum care and mental health services.

CONCLUSION

Violence against women migrant workers is diverse and shows that women are subjected to unfair treatment and violence by those in power, as they are considered a weak group that is easily exploited. This violence can come from the village environment itself because women are often dependent socially, economically, culturally, and psychologically on the people who hurt them. Abroad, violence against female migrant workers is also influenced by politics, such as the withholding of important documents by employers that makes it difficult for victims to get out of difficult situations. In addition, salaries are often late or not paid as promised. To address this issue, states must protect and pay attention to the interests of women migrant workers, provide knowledge about their rights and obligations, and empower them by involving various relevant parties so that they are not constantly victims of physical, psychological, economic, sexual, and structural violence. Hearing the experiences of female migrant workers, it can be seen that they are often treated unfairly, become objects of violence both from others and their own families. Forms of violence include physical and emotional attacks and deprivation of economic rights. The choice to become migrant workers is often taken to avoid domestic violence, but unfortunately in the workplace abroad, they face other problems of violence. Community culture plays a major role in women's welfare, where the ideal culture is one that respects the dignity of every human being regardless of gender, and does not place men as rulers.

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