Legalizing Unofficial (Sirri) Marriage for Indonesian Migrant Workers in Malaysia

Afwan Faizin, Alfitra, Ali Mansur

2018

Abstract

In recent decades, there has been a massive influx of Indonesian migrant workers or TKI (Tenaga Kerja Indonesia) in Malaysia, both legally and illegally. Unfortunately, both the legal and illegal migrant workers faced unofficial (sirri) marriage problems and their children. This study will analyze the legalization process for the Indonesian migrant worker marriage in Malaysia. The research was done in the region of Peninsular Malaysia, using qualitative research method. The result shows that the legalization process faced some obstacles such as; (1) Malaysian regulation which forbid marriage while under working contract for migrant workers; (2) The difficulty to fulfill the requirements for itsbat nikah(legalizing marriage) because of the distance factor to the Indonesian embassy, hard to get the leaving permit from the employer, and the strict administration for the itsbat nikahprogram such as the requirements of reference that the applicant has not been married yet in their place of origin.The sirri marriage that is performed by TKI in Malaysia caused many problems such as the one regarding the status of their children’s nationality. They can not be documented by giving them birth certificates, passport, and other documents. So, their rights are unprotected by the law. This study will have implications on Indonesian government’s policy regarding the protection of TKI’s rights and his family.

Paper Citation

in Harvard Style

Faizin A., Alfitra. and Mansur A. (2018). Legalizing Unofficial (Sirri) Marriage for Indonesian Migrant Workers in Malaysia.In Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI, ISBN 978-989-758-458-9, pages 1059-1066. DOI: 10.5220/0009922810591066

in Bibtex Style

@conference{icri18,
author={Afwan Faizin and Alfitra and Ali Mansur},
title={Legalizing Unofficial (Sirri) Marriage for Indonesian Migrant Workers in Malaysia},
booktitle={Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,},
year={2018},
pages={1059-1066},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009922810591066},
isbn={978-989-758-458-9},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,
TI - Legalizing Unofficial (Sirri) Marriage for Indonesian Migrant Workers in Malaysia
SN - 978-989-758-458-9
AU - Faizin A.
AU - Alfitra.
AU - Mansur A.
PY - 2018
SP - 1059
EP - 1066
DO - 10.5220/0009922810591066