22. ANALISIS PENYEBAB PRAKTIK KERJA PAKSA DI ARAB SAUDI: FENOMENA KERJA PAKSA TERHADAP TKI INFORMAL (2011-2014)

Abstract

TKI is foreign exchange hero for Indonesia. TKI send remittances to Indonesia about tens of
trillions rupiah. However, the contribution of remittances is not balanced with the guarantee
of TKI human rights protection. Informal workers sector or domestic workers was the most
vulnerable sector to human rights violations, including forced labour, such as unpaid wages,
the job does not match with the contract of employment, confinement, and physical and
psychological violence. One of the major destination countries of TKI placement is Saudi
Arabia, where about 40% of the total number of TKI torture and deaths occur there. Saudi
Arabia is a member state that has ratified the International Labour Organization (ILO)
concerning forced labor, which are the Forced Labour Convention (No. 29) and the Abolition
of Forced Labour Convention (No. 105). However, the practice of forced labor is still found
unresolved, including against informal sector workers. This study aims to find out why forced
labour Saudi Arabia could have. In answering these objectives, this study uses constructivism
paradigm and compliance theory. The method used in this research is qualitative method with
descriptive-analytical type through interviews and literature technics. Results from this study
is that there are three factors that cause forced labour in Saudi Arabia, they are Saudi Arabia
has not yet understand the provisions of the convention because of the applied domestic
norms there, then Saudi Arabia has limited capacity to conduct labour inspection, and the
abolition of forced labor is not a priority interest of Saudi Arabia.