The Legal Status and Rights Protection of Foreign Workers in Indonesia: A Comparative Analysis between Indonesian and Islamic Law

The migration of foreign workers (TKA) is a global phenomenon that is not exclusive to Indonesia. Since the prophetic era, the role of foreign workers has been documented. In Indonesia, opposition to foreign workers persists because of the perceived threats to domestic employment. This study aimed to discuss the legal status and protection of foreign workers' rights in Indonesia based on Indonesian and Islamic laws. This study used a juridical-normative approach with a comparative law methodology. The findings revealed that Laws 13 of 2013 and 6 of 2023 acknowledge and protect foreign workers' employment in Indonesia, considering factors such as necessity, expertise, competence, and scientific advancements. The employment of foreign workers in Islamic jurisprudence is a novel legal challenge. The legal argument used was the Maslahah mursalah, which considers higher Islamic law principles. Islamic law permits foreign workers' employment when benefiting from humanity, based on universal brotherhood. The recognition of foreign workers in Indonesia has implications for the legal protection of their rights, which are aligned with human rights principles in labor law, including rights to facilities, wages, health care, religious freedom, political participation, and sociocultural engagement.