THE LEGAL SAFEGUARDS OF INDONESIAN MIGRANT SEAFARERS IN LAW NO. 18 OF 2017: AN ANALYSIS THROUGH MAQĀṢID AL-SHARĪʿAH

Abstract

This research is motivated by the high level of human rights violations faced by Indonesian migrant seafarers in the fisheries sector, such as cases of financial exploitation and neglect of occupational health and safety (K3). Although the government has passed Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers and Government Regulation Number 22 of 2022, their implementation has not been effective in guaranteeing justice, resulting in legal loopholes in technical protection standards for Indonesian migrant seafarers. The purpose of this research is to analyze the legal protection in Law Number 18
of 2017 concerning the Protection of Indonesian Migrant Workers and to dissect the legal protection system from a perspective Maqashid Al-Syari'ah contemporary Jasser Auda.
This qualitative research uses a legislative and conceptual approach to analyze Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers. Primary and secondary data were collected through documentation techniques and then analyzed using content analysis, combined with a systems analysis framework Maqa>s}hid Al-Syari>’ah contemporary Jasser Auda. The results of this study indicate that Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers has not optimally protected migrant seafarers due to the inconsistency between national regulations and international
standards in the fisheries sector. Through a six-system approach Maqas}hid Al-Syari>’ah Jasser Auda shows the gap in the elements Openness,Wholeness/holistic(comprehensive), and multidimensional which results in the failure to achieve the goal of protecting against H}ifz}u an-Nafs (soul) and H}ifz}u alMa>l (property) in cases of fisheries exploitation. Therefore, strengthening legal protection through the ratification of ILO Convention 188, which has been realized through Government Regulation Number 25 of 2026, is a crucial
instrument for ensuring legal certainty, dignity, and the welfare of Indonesian seafarers globally