Suchergebnisse

The existence of ASEAN as an international organization with legal personality was referring to the birth of the ASEAN Charter, 2007. The Charter became effective on December 15,2008 that Indonesia has ratified by Law No. 38 Year 2008. The Charter emphasizes the commitment of regional cooperation within the framework of the ASEAN Community basedon three pillars: political security, economic and socio-cultural. The three pillars areinterrelated for the purpose of peace, stability and prosperity in the ASEAN. One area that was agreed by ASEAN is legal protection for migrant workers. Legal protection for migrant workers is important because of some cases of abuse and torture by the employer, as in the case of Siti Hajar 2009. For the Indonesian legal protection for migrant workers is urgent because the number of migrants is increasing every year and it is the Government's obligation to protect its citizens wherever existence. ASEAN, in the regional level already has legal instruments for the protection of migrant workers namely the ASEAN Declaration of the Protection and the Promotion of the Rights of Migrant Workers. While at the national level, Indonesia has a number of legal instruments related, that is Law No. 13 Year 2003 and Law No. 39 Year 2004 on the Placement and Protection of Indonesian Workers Abroad. Based on the above, this paper will examine first, the protection of the rights of migrant workers within the framework of the ASEAN agreement and the second will examine the comparison between the protections of the rights of migrant workers in ASEAN level with Indonesia national law. The goal is to determine the harmonization and synchronization of the legal protection of migrant workers in ASEAN perspective and the perspective of Indonesian national law.

ASEAN's decision to accelerate the implementation of the ASEAN Economic Community (AEC) by 2015 based on the Cebu Declaration, 2007. ASEAN then create a blueprint that describes the steps that must be reached in the AEC in 2015 such as the elimination of taxes and tariffs based on sectors which have been agreed, and all the factors of production such as labor and capital are allowed to move freely crossed the line of ten member countries through the common market. In the field of investment, ASEAN has an ASEAN Comprehensive Investment Agreement (ACIA) to conduct a review of the Framework Agreement on the ASEAN Investment Area (AIA) and ASEAN Investment Guarantee Agreement (IGA). The establishment of ACIA is to encourage a more liberal investment environment, transparent, competitive and facilitative. Indonesia has been preparing the investment regime under ASEAN for example by creating a variety of legal instruments to further open the influx of foreign investment and ensure equal treatment of foreign investors to domestic investors as desired by the ACIA. The problem today is that besides the existence of ACIA as regional investment agreements under the ASEAN there is also a multilateral investment agreement under the WTO (TRIMs). In most small scale there is also Bilateral Investment Treaty (BIT). That condition is still added to the national investment regimes of each country, including for example the Indonesian national investment laws. Based on the above, this paper will examine the ASEAN agreement on investment (ACIA) and the Indonesia national legal arrangements. Then it will also examine Indonesian Government policy on BIT with respect to the ACIA. The purpose of this study was to explain the relevance of Indonesia's national investment law harmonization with ASEAN Agreement and to determine the relevance of the BIT with the ACIA.