scholarly journals Institutional Dynamics of Regulatory Actors in the Recruitment of Migrant Workers

2017 ◽  
Vol 45 (4-5) ◽  
pp. 440-464 ◽  
Author(s):  
Moch Faisal Karim

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.

2021 ◽  
Vol 4 (5) ◽  
pp. 2023
Author(s):  
Rosalinda Chandra Yulianita

AbstractBecoming an Indonesian Migrant Worker is one solution to reduce unemployment at home. But this has instead become a new problem. This relates to the lack of protection from the government due to the lack of coordination between the government and the private sector as a party that bridges Indonesian Migrant Workers and Employers. This is because of the many problems in the Placement Agreement. This is also because the Laws that have been made by the Central Government do not immediately have new implementation rules in accordance with what was promised. The purpose of this research is to find out and analyze what sanctions will be obtained by the Indonesian Migrant Worker Placement Company if the Placement Agreement is not carried out also whether it is permissible if Indonesian Migrant Workers can work if it is not in accordance with their placement. To answer these problems, the authors use legal research with a Conceptual Approach, and Case Approach, and Case Study.Keywords: Indonesian Migrant Worker; Indonesian Migrant Worker Placement Company; Placement Company.AbstrakMenjadi Pekerja Migran Indonesia adalah salah satu solusi untuk mengurangi pengangguran di dalam negeri sendiri. Namun hal ini malah menjadi sebuah masalah baru. Hal ini berkaitan dengan perlindungan yang kurang dari pihak pemerintah karena kurangnya koordinasi antara pemerintah dengan pihak swasta sebagai pihak yang menjembatani Pekerja Migran Indonesia dengan Pemberi Kerja. Hal ini dikarenakan banyaknya masalah dalam Perjanjian Penempatan. Hal ini juga dikarenakan Undang-Undang yang sudah dibuat oleh Pemerintah Pusat tidak segera memiliki aturan pelaksanaan yang baru sesuai dengan yang diperjanjikan. Tujuan dari penelitian ini adalah untuk mengetahui dan menganalisis sanksi apa yang akan didapatkan oleh pihak Perusahaan Penempatan Pekerja Migran Indonesia apabila Perjanjian Penempatan tidak dilaksanakan, juga apakah diperbolehkan apabila Pekerja Migran Indonesia dapat bekerja jika tidak sesuai dengan penempatannya. Untuk menjawab permasalahan tersebut, penulis menggunakan penelitian hukum dengan Pendekatan Konseptual (Conceptual Approach), dan Pendekatan Kasus (Case Approach), dan Studi Kasus (Case Study).Kata Kunci: Pekerja Migran Indonesia; Perusahaan Penempatan Pekerja Migran Indonesia; Perjanjian Penempatan.


2017 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Asri Lasatu

The purpose of the establishment of the Republic of Indonesia is to protect and realize the welfare of citizens. Therefore, the main responsibility of the government is to provide protection and guarantee to every citizen to get a job and a decent living for humanity. Limitations of domestic employment, as well as the public's desire to work overseas, should be responded positively by the government, by formulating regulations both at the central and regional levels. This study will examine the roles and responsibilities of local governments as an effort the law protection against Indonesian Migrant Worker working abroad.This research is a normative legal research with approach of legislation and concept approach and analyzed qualitatively to give perspective on legal issue to the object of this research study. The results show that the responsibility of local government, especially in the pre-placement, post-placement, and empowerment phase of placement of migrant workers, while the placement of migrant workers is the responsibility of the central government. Implementation of local government responsibilities should be supported by regulations established by local governments.


Author(s):  
Abdul Wahab ◽  
Billy Tunas ◽  
Muchlis R. Ludin

The purpose of this study is to evaluate the placement and protection programs of Indonesian migrant worker that they run by the Ministry of Manpower and The National Agency of Placement and Protection of Indonesian Migrant Worker. This research is done by observation, interview and documentation with Discrepancy Evaluation Model method. The method is to evaluate design, installation, process and the Implementation of the Placement and Protection programs of Indonesian migrant worker  against the Employment Placement Private Company to provide Indonesian Migrant Workers services licensed by the Ministry of Manpower and placement permits from The National Agency for Placement and Protection of Indonesian Migran Workers, the role of local government on one-stop integrated service, the role of labor attaches in Indonesian embassy from the Ministry of Manpower and supervision of The Nasional Agency for Placement and Protection of Indonesian Migrant Worker. The conclusion of this study indicates that there is a gap in discrepancy at 16.01% from the target to be achieved.


2020 ◽  
Vol 2020 (262) ◽  
pp. 97-122 ◽  
Author(s):  
Hans J. Ladegaard

AbstractMany people in developing countries are faced with a dilemma. If they stay at home, their children are kept in poverty with no prospects of a better future; if they become migrant workers, they will suffer long-term separation from their families. This article focuses on one of the weakest groups in the global economy: domestic migrant workers. It draws on a corpus of more than 400 narratives recorded at a church shelter in Hong Kong and among migrant worker returnees in rural Indonesia and the Philippines. In sharing sessions, migrant women share their experiences of working for abusive employers, and the article analyses how language is used to include and exclude. The women tell how their employers construct them as “incompetent” and “stupid” because they do not speak Chinese. However, faced by repression and marginalisation, the women use their superior English language skills to get back at their employers and momentarily gain the upper hand. Drawing on ideologies of language as the theoretical concept, the article provides a discourse analysis of selected excerpts focusing on language competence and identity construction.


2020 ◽  
Vol 7 ◽  
pp. 238212052097719
Author(s):  
Crystal Lim ◽  
Jamie Xuelian Zhou ◽  
Natalie Liling Woong ◽  
Min Chiam ◽  
Lalit Kumar Radha Krishna

Background: With nearly 400 000 migrant workers in Singapore, many from Bangladesh, India and Myanmar, language and cultural barriers posed a great many challenges during the COVID-19 pandemic. This was especially so as majority of the COVID-19 clusters in Singapore emerged from their communal dormitories. With concerns arising as to how this minority group could be best cared for in the intensive care units, the need for medical interpreters became clear. Main: In response, the Communication and Supportive Care (CSC) workgroup at the Singapore General Hospital developed the ‘Medical Interpreters Training for ICU Conversations’ program. Led by a medical social worker-cum-ethicist and 2 palliative care physicians, twenty volunteers underwent training. The program comprised of 4 parts. Firstly, volunteers were provided with an overview of challenges within the COVID-19 isolation ICU environment. Discussed in detail were common issues between patients and families, forms of distress faced by healthcare workers, family communication modality protocols, and the sociocultural demographics of Singapore’s migrant worker population. Secondly, key practice principles and ‘Do’s/Don’ts’ in line with the ethical principles of medical interpretation identified by the California Healthcare Interpreters Association were shared. Thirdly, practical steps to consider before, during and at the end of each interpretation session were foregrounded. Lastly, a focus group discussion on the complexities of ICU cases and their attending issues was conducted. Targeted support was further provided in response to participant feedback and specific issues raised. Conclusion: As a testament to its efficacy, the program has since been extended to the general wards and the Ministry of Health in Singapore has further commissioned similar programs in various hospitals. In-depth training on the fundamentals of medical terminology, language and cultural competency should be provided to all pertinent healthcare workers and hospitals should consider hiring medical interpreters in permanent positions.


2021 ◽  

More than 150 million international migrant workers and an unknown number of internal migrant workers toil across the globe. More than workplace exposures affect migrant worker health; their health is also affected by exposures in the sociocultural milieu from which they came and in which they currently live. Although some of these migrant workers include professionals in high-status occupations such as doctors, nurses, engineers, and computer scientists, most are low skill workers employed in the most dangerous jobs in the most hazardous industries. The health of these migrant workers has been a long-term concern in public health, and this concern has increased with the rise of greater globalization, the recent growth of displaced and refugee populations that will need to enter the workforce in their new host countries, and the anticipated effects of climate change. The domain of migrant worker health is expansive, and is necessarily limited in this bibliography. This bibliography focuses on workers and not the family members who may accompany them, although other family members also may be workers. It focuses on low-skill migrant workers, rather than on professionals who migrate for work. Low-skill migrant workers are the individuals for whom health and public health are concerns. Additionally, research on the health of migrant professional workers is scant. At the same time, this bibliography attempts to place migrant worker health in a holistic context; because migrant worker health is affected by more than workplace exposures, the bibliography addresses exposures in their current sociocultural milieu. This bibliography has three major sections. The first section summarizes general resources that provide information on migrant workers, including International Agencies, Nongovernmental Organizations, Data Sources, Reference Works, and Journals. The second section addresses the characteristics of migrant workers that affect their health, including their Personal Characteristics, the Circumstances of Migration, Forced Migration, Industries which employ migrant workers, and 3-D Jobs: Dangerous, Dirty, and Demanding. The final section considers the health status of migrant workers, with discussions of Conceptual Frameworks for understanding migrant worker health, Work Organization Exposures, Environmental Exposures, Sociocultural Exposures, Health Conditions, Approaches to Improve Migrant Worker Health, and Policy/Regulations.


2020 ◽  
Vol 35 (3) ◽  
pp. 119-139
Author(s):  
Tobin Im ◽  
Jesse W. Campbell

A rapid and comprehensive policy response allowed South Korea to contain an aggressive outbreak of COVID-19 without resorting to the harsh lockdown measures necessitated in other countries. However, while the general content of Korea’s response is now fairly well-known, what has received less attention is the unique governance context in which the country’s containment strategy was formulated and implemented. This article focuses on 3 administrative elements of Korea’s pandemic containment approach. First, the central government effectively coordinated the efforts of sub-national governments to ensure critical resource availability and deliver a response calibrated to the situation of each locale. Second, ongoing inter-sectoral collaboration was used to marshal non-government resources in both the biotech and medical sectors which in turn enabled core features of Korea’s policy, including a rapid acceleration of testing. Third, a timely, accessible, and technocratic communications strategy, led by public health experts and leveraging the country’s highly developed information and communications technology systems, facilitated citizen trust and ultimately voluntary compliance with public health directives. Although the Korean approach offers a number of lessons for other countries, by ignoring the specific administrative and social characteristics that are relevant to its implementation, policymakers risk overestimating its inter-contextual portability. By thoroughly contextualizing Korea’s virus containment strategy, this article seeks to minimize this risk.


2021 ◽  
Vol 12 (4) ◽  
pp. 2411-2415
Author(s):  
Milind Abhimanyu Nisargandha ◽  
Shweta Dadarao Parwe

Migrant workers are a valuable community for developing the Indian economy; adverse effect occurs on their mental and physical health during this pandemic situation. The coronavirus disease 2019 epidemic emerged in India due to spread nationwide from China, Wuhan city, and then Spread overall, 213 Countries and Territories worldwide have been reported. The Indian Government immediately set up a lockdown and quarantined the patients in the hospital and declared that area as a contentment Zone to avoid infection transmission. In this pandemic situation, many labour workers were living with their families in metropolitan cities. The urgent demand for public transport in the migrant workers from different states in India. For reaching them to the native place. These lead to spreading the coronavirus infection and increase the cases of nCOVID-19. It concluded that public health services and transportation for the migrant worker to reach the native place from all states. A maximum number of trains were needed, rather than travel restriction aware of them regarding wearing of Mask, Handwashing, and Quarantine after travelled. It has been six months since COVID -19; many questions remain unanswered about the coronavirus and its pathology. It was clear by global authorities that countries need to plan and increase health clear awareness and facilities for the migrant workers. 


2021 ◽  
Vol 1 (4) ◽  
Author(s):  
Asnu Fayakun Arohmi

This research examines the legal protection provided for illegal Indonesian workers in Malaysia and the obstacles to perform it. Malaysia are the largest number compared to another country in Asia in receiving migrant workers from Indonesia. In total there are 73.178 migrant workers. A large number of Indonesian migrant workers is caused by the lack of jobs vacancy in the country, so citizens look for a job abroad. The requirements to become Indonesian migrant workers are not easy, therefore many of them went abroad illegally. Illegal Indonesian workers often get inhuman treatment. Indonesian goverment should protect every citizen, even though they are illegal workers, since they are still Indonesian citizen. This paper is based on normative-empirical legal research with the data obtained from interviews, as well as from secondary sources provided in laws governing these matters, journals or from trusted sites of internet. The results of this study show that: first, the Law No. 18 of 2017 on Protection of Migrant Worker does not differentiate the protection for illegal and legal Indonesian migrant workers. Second, there are two obstacles faced by the Indonesian government: lack of data regarding the illegal Indonesian workers and lack of state budget to handle the protection of illegal Indonesian workers.


2002 ◽  
Vol 68 (4) ◽  
pp. 579-597 ◽  
Author(s):  
A. K. Yesilkagit ◽  
J. de Vries

Two developments flowing from the institutional reforms in The Netherlands of the 1980s currently form ‘the usual suspects’ in a series of scandals or instances of public arousal within the public sector. The first factor is the large-scale decentralization of tasks from central government to provincial and municipal authorities. Initiated under the name of democratization and efficiency this decentralization programme was part of a large package of operations, including deconcentration, deregulation, privatization, and reconsideration, that were to to slim down central government in terms of personnel, tasks and organization. Second, managerialism, i.e. the adoption of business management ideas and concepts by public administrators, entered Dutch public service vocabulary during the second half of the 1980s. Managerialism did not limit itself only to central government agencies but also — and perhaps more succinctly — found openings in provincial and municipal authorities, mainly as a fierce reaction against the ‘bureaucratism’ of daily administrative practice to counter the relative deprivation perceived by civil servants in relation to their private sector counterparts. This article shows that the decentralization of financial management and the emergence of ‘reinvention’ ideas have had autonomous but drastic effects. While the former blinded central government and provincial controllers, the latter legitimized practices that even under a private sector regime would have been deemed improbable.


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