Institutional Dynamics of Regulatory Actors in the Recruitment of Migrant Workers

Abstract

This paper examines how institutional dynamics among regulatory institutions affect the governance of the recruitment of Indonesian low-skilled migrant workers. Two institutional reforms have been made to create better governance for Indonesian migrant workers in the post-authoritarian era. One was the establishment of the National Agency for the Placement and Protection of Indonesian Migrant Workers (BNP2TKI) while the other was the granting of greater responsibility to sub-national governments to supervise migrant worker recruitment. In spite of these institutional reforms, little progress has been made in the protection of Indonesian migrant workers. The paper reveals that the restrictive regulatory framework for the recruitment of migrant workers, which curbs private recruitment agencies, does not create better migrant worker governance. This regulatory framework does not take into consideration the horizontal relationship between the old and new institutions, and the vertical relationship between the central and sub-national governments. Horizontally, the institutional design of the proposed new regulatory framework has created institutional rivalry between the newly established regulatory actor and the old one. Vertically, the reluctance of central government to decentralise authority to sub-national governments has curtailed the ability of sub-national governments to perform a supervisory role in the recruitment process. These two inter-related factors have hindered the efforts to create a better recruitment process for Indonesian migrant workers.

‘They make a business out of desperate people’: The role of recruitment agents in cross-border labour chains

“…While the largest percentage of migrants work as domestic servants (32%), others enter industrial labour supply chains (World Bank, 2017). It is estimated that US$9.418 billion annually is received in remittances (Karim, 2017); thus, migrant workers provide a significant source of foreign exchange for Indonesia. Despite the importance of overseas employment opportunities, many workers are unprotected from abuse, including during the recruitment process, which Karim (2017) describes as 'chaotic', believing that many problems Indonesian workers experience 'can be traced back to abuse in the recruitment process at home' (pp.…”

“…204/1999, under the Ministry of Manpower and Transmigration (hereafter the Ministry of Manpower), sought to improve protection for migrant workers and, concurrently, 'further strength[en] the position of private recruitment agencies in the migration process' (IOM, 2010: 12). From 2002, the government introduced a series of laws to protect migrant workers (Karim, 2017). The Law on Placement and Protection of Indonesian Workers Abroad (No.…”

“…Notwithstanding, the role they play in unfree labour chains is less researched (Deshingkar et al, 2019). Furthermore, it is only recently that researchers have turned their attention to 'consider the rampant, systemic abuses that migrant workers encounter during recruitment in their countries of origin' (Farbenblum, 2017: 153; see also Karim, 2017;Setyawati, 2013).…”

Tantangan Migrasi, Pengelolaan Remitansi, dan Kekerasan terhadap Buruh Migran Perempuan Asal Lombok di Malaysia dan Arab Saudi

“…Mereka keliling kampung mencari calon dengan informasi yang menggiurkan. Mereka menyasar masyarakat yang tidak terdidik dengan iming-iming gaji besar (Hermawan et al, 2014;Karim, 2017).…”

“…Kegagalan calon buruh migran disebabkan kasus penipuan dan permainan antara agen dengan tekong. Saling lempar tanggung jawab antara tekong dengan PJTKI adalah alibi untuk menutupi penipuan mereka (Karim, 2017;Chin, 1997). Pemerintah seringkali mengutuk praktek percaloan sebagai sumber masalah buruh migran, akan tetapi mereka kesulitan melawan praktek gelap percaloan yang eksploitatif.…”