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Institutional dynamics of regulatory actors in the recruitment of migrant workers : the case of Indonesia

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Karim, Moch Faisal (2017) Institutional dynamics of regulatory actors in the recruitment of migrant workers : the case of Indonesia. Asian Journal of Social Science, 45 (4-5). pp. 440-464. doi:10.1163/15685314-04504004 ISSN 1568-4849.

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Official URL: https://doi.org/10.1163/15685314-04504004

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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.

Item Type: Journal Article
Subjects: H Social Sciences > HD Industries. Land use. Labor
K Law [LC] > KN Asia and Eurasia, Africa, Pacific Area, and Antarctica
Divisions: Faculty of Social Sciences > Politics and International Studies
Library of Congress Subject Headings (LCSH): Migrant labor -- Indonesia, Labor laws and legislation -- Indonesia
Journal or Publication Title: Asian Journal of Social Science
Publisher: Brill
ISSN: 1568-4849
Official Date: 10 August 2017
Dates:
DateEvent
10 August 2017Published
10 May 2016Accepted
Volume: 45
Number: 4-5
Page Range: pp. 440-464
DOI: 10.1163/15685314-04504004
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Restricted or Subscription Access
Date of first compliant deposit: 11 August 2017
Date of first compliant Open Access: 10 August 2019
Funder: Open Society Foundations

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