A humanist approach to migration governance: protecting irregular Indonesian migrant workers in Malaysia

The movement of migrant workers, particularly irregular migrants, across the Indonesia–Malaysia border remains a persistent challenge in migration governance. Despite their significant contribution to Malaysia’s economy, the protection of migrant workers’ rights as fundamental human rights is still inadequate. This article examines the compatibility between international legal standards and national regulatory frameworks governing irregular migrant workers in both countries. It explores how differences in legal terminology, regulatory approaches, and state perspectives shape migration governance. Using doctrinal legal research, the article analyzes the structure and normative content of relevant legal instruments, while a reform-oriented approach is employed to propose a more responsive governance framework. The study adopts a humanist perspective to identify a universal legal language for protecting irregular migrant workers across international, regional, and national contexts. It further highlights the gap between normative commitments in international law and their inconsistent implementation at the national level. The article argues for a more harmonized and human-centered legal approach that bridges this gap, emphasizing the shared responsibility of sending and receiving states to ensure safe, orderly, and regular migration while addressing the root causes of irregular migration.