Legal Protection for Female Migrant Workers from Debt Bondage and Forced Labor in the Transnational Labor Regime

Abstract

The phenomenon of transnational labor migration has become one of the pillars of global economic movement, in which women from developing countries constitute a highly significant proportion. However, behind the narrative of “foreign exchange heroes,” female migrant workers are often trapped in the dark side of an exploitative transnational labor regime. Systematically manipulative recruitment practices plunge them into debt bondage, which subsequently transforms into forced labor in destination countries. This abstract highlights the urgency of critically evaluating both national and international legal frameworks in protecting female migrant workers from such forms of commodification that violate human rights. This study aims to dissect the anatomy of debt bondage and forced labor, evaluate the weaknesses of the transnational labor regime, and formulate a reconstruction of legal protection oriented toward justice and human dignity. The research employs a normative legal research method using both the statute approach and the conceptual approach. The primary legal materials analyzed include Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers, Law No. 21 of 2007 concerning the Eradication of Human Trafficking, as well as various related international legal instruments. Data were analyzed qualitatively and deductively to uncover jurisdictional conflicts and regulatory weaknesses that have long provided impunity for recruitment corporations and exploitative employers. The findings indicate that debt bondage is not merely a civil dispute but rather a primary instrument of control in the crime of human trafficking. Weaknesses within the transnational labor regime such as the soft law nature of bilateral agreements, the implementation of the Kafala system, and the absence of cross-border monitoring mechanisms render the law seemingly powerless in the face of trafficking syndicates. Therefore, this study recommends legal reconstruction through the implementation of a strictly monitored Zero Cost Migration policy, the imposition of strict liability on recruitment agencies, and the elevation of Legal Protection for Female Migrant Workers … (Rustam Jouhary) 456 LICS 2026 Topic: Strengthening Legal Frameworks for Combating Human Trafficking and Enhancing Protection of Women and Children protection diplomacy into a Mutual Legal Assistance framework. The state is constitutionally obligated to ensure that no Indonesian woman’s dignity is mortgaged through debt bondage in a foreign land.