scholarly journals Indonesian Migrant Worker Policies and the Vulnerability of Women Migrant Workers to Becoming Trafficking Victims: an Overview of Recent Legislation

2018 ◽  
Vol 1 (2) ◽  
pp. 159
Author(s):  
Ninik Rahayu
Keyword(s):  
Women Workers ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Domestic Workers ◽  
Starting Point ◽  
Good Starting Point ◽  
The Law ◽  
Trafficking Victims

This study will provide an overview of how migrant worker protection policies should govern all forms of protection for migrant workers, especially women workers who often face violent abuse as overseas domestic workers in receiving countries, and then problems when they return to their villages. It outlines several laws that deal with problems of abuse associated with migration such as the Law Eradication of Trafficking in Person, and other regulation. Indonesia Government has made a good initiative by amending the policies of migrant workers with the aim of prioritizing protection, including how to harmonize other policies. This is a good starting point for implementing all commitments to the extent that commitments to protect migrant workers, especially women migrant workers who are still vulnerable to violence and threats of trafficking.

LEGAL PROTECTION FOR ILLEGAL INDONESIAN WORKER IN MALAYSIA

2021 ◽  
Vol 1 (4) ◽  
Author(s):  
Asnu Fayakun Arohmi
Keyword(s):  
Migrant Workers ◽  
Migrant Worker ◽  
Legal Protection ◽  
Legal Research ◽  
State Budget ◽  
Indonesian Government ◽  
Secondary Sources ◽  
The Law

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.

Translating People and Policy: The Role of Maid Agents in Brokering between Employers and Migrant Domestic Workers in Singapore’s Migration Industry

2020 ◽  
Vol 54 (4) ◽  
pp. 992-1015
Author(s):  
Kellynn Wee ◽  
Charmian Goh ◽  
Brenda S.A. Yeoh
Keyword(s):  
Migrant Workers ◽  
Migrant Worker ◽  
Domestic Workers ◽  
Labor Migrants ◽  
Labor Market Intermediaries ◽  
International Labor ◽  
Language Brokers ◽  
Working And Living Conditions ◽  
Migrant Domestic Workers

There has been a surge of recent interest in the migration industries that facilitate the movement of migrants, particularly that of low-waged laborers engaged in temporary contracts abroad. This article extends this research to include migration brokers working in destination contexts, thus drawing analytical attention to the arrival infrastructures that incorporate migrants into host societies. Based on ethnographic research involving the employment agents who recruit women migrating from Indonesia to work as migrant domestic workers in Singapore, we use the concept of “translation” as a broad theoretical metaphor to understand how brokers actively fashion knowledge between various actors, scales, interfaces, and entities. First, we argue that through the interpretation of language, brokers continually modulate meaning in the encounters between potential employers and employees at the agency shopfront, reproducing particular dynamics of power between employers and workers while coperforming the hirability of the migrant worker. Second, we show how brokers operate within the discretionary space between multiple sets of regulations in order to selectively inscribe the text of policy into migrant workers’ lives. By interrogating the process of translation and clarifying the latitude migration brokers have in shaping the working and living conditions of international labor migrants, the article contributes to the growing conceptual literature on how labor-market intermediaries contour migration markets.

Legal Construction of Structures of Exploitation

2018 ◽  
pp. 188-204
Author(s):  
Virginia Mantouvalou
Keyword(s):  
Political Philosophy ◽  
Human Rights ◽  
Migrant Workers ◽  
Domestic Workers ◽  
Alternative Conception ◽  
Unfair Advantage ◽  
Law And Policy ◽  
Care Workers ◽  
The Law

This chapter argues that the prevailing understanding of workers’ exploitation in law and policy is unjustifiably narrow, and that the concept should not be confined to slavery, servitude, and forced and compulsory labour, nor should it be linked to criminalisation alone. Looking at the concept of exploitation in political philosophy, it advances an alternative conception. The literature analyses exploitation as taking unfair advantage of someone or taking unfair advantage of someone’s vulnerability, and develops opportunistic and structural accounts of exploitation. The focus of this chapter then turns to the role of the law. Building primarily on structural accounts, it examines exploitation that consists in a special vulnerability created by law and the taking advantage of the vulnerability by violating workers’ rights or other human rights. It considers four examples of groups of workers who are in this position: migrant workers, domestic workers, prison workers, and care workers in zero-hours contracts. The chapter suggests that it is not only private employers who have to be held accountable for exploitation, but also state authorities themselves.

scholarly journals Work Condition, Gender Relation And Violence Against Women Migrant Domestic Workers

2018 ◽  
Vol 34 (1) ◽  
pp. 43-50
Author(s):  
Keppi Sukesi
Keyword(s):  
Migrant Workers ◽  
Migrant Worker ◽  
Domestic Workers ◽  
Destination Country ◽  
Migrant Families ◽  
Analysis Technique ◽  
The Social ◽  
Depth Study ◽  
The Village ◽  
Migrant Domestic Workers

The research aims to analyze the social conditions of working women migrant domestic workers, gender relations in their home and workplace, and to describe the violence experienced by women migrant domestic workers. The research method used is case study in two villages, namely village of Majangtengah Malang Regency and village of Junjung Tulungagung Regency as sender of migrant worker. The research informants are migrant workers who have returned to their home villages and migrant families who are working overseas. This study uses a qualitative approach through in-depth study of 32 migrant workers. Data analysis technique is descriptive qualitative. Research results show that women migrant workers are encouraged to work away from the village and families by socioeconomic factors. They have different working conditions in the destination country. The employer factors are crucial to urge the success of the migrant workers. They contribute economically to households and surrounding communities, but this work is very at risk of violence. Violence can occur from departure to destination country. Therefore, protection of women migrant workers is very important.

Regulation and Resistance: Strategies of Migrant Domestic Workers in Canada and Internationally

1997 ◽  
Vol 6 (1) ◽  
pp. 31-57 ◽  
Author(s):  
Daiva K. Stasiulis ◽  
Abigail B. Bakan
Keyword(s):  
Migrant Workers ◽  
Migrant Worker ◽  
Domestic Workers ◽  
Worker Rights ◽  
Resistance Strategies ◽  
Household Workers ◽  
Foreign Domestic Workers ◽  
And Migration ◽  
International Conventions ◽  
Migrant Domestic Workers

While the Canadian program for migrant domestic workers offers among the best conditions internationally, it shares two features in common with worldwide policies and treatment of foreign household workers. These are: 1) the inherent asymmetry in citizenship statuses and rights of employers and their domestic employees; and 2) the expectation that employees will ‘live in’ their employers' homes. Enforcement of rights of foreign domestics is also complicated by shared, yet ambiguous jurisdiction over foreign domestics of the federal and provincial governments. These conditions render foreign domestic workers vulnerable to all forms of abuse. They have not been eliminated despite impressive organizing and advocacy among these migrant workers and their allies. The challenges of finding adequate protection against abuse by domestic workers in Canada and elsewhere are explored by examining the policies of labor sending and labor receiving countries, and international conventions. A significant development in domestic workers organizations is the linking of campaigns for migrant worker rights to global efforts to address the causes of unemployment and migration.

International Indonesian Migrant Women Workers

2021 ◽  
pp. 97-117
Author(s):  
Fitranita Ibnu ◽  
Ngadi Ngadi ◽  
Ade Latifa ◽  
Bayu Setiawan
Keyword(s):  
Human Rights ◽  
Women Workers ◽  
Sexual Harassment ◽  
Migrant Workers ◽  
Domestic Workers ◽  
International Agreements ◽  
Employment Contracts ◽  
Level Of Education ◽  
Work Abroad ◽  
Main Factor

Indonesia is a sending country for international migrant workers, dominated by women. Most of them work as domestic workers that only require a low level of education. The economic reasons are the main factor that drives women in Indonesia to become migrant workers abroad. They find it difficult to work at home as the necessities of life continue to grow. In carrying out their work, women who are migrant workers are more vulnerable than men to various actions that violate human rights and various international agreements relating to migrant workers and employment contracts. This chapter raises the experience of Indonesian women who are migrant workers working abroad based on the feminist perspective. Some Indonesian women who are migrant workers experience violence, sexual harassment, unpaid salaries, do work that is not in accordance with the employment contract, and cannot perform worship in accordance with their religion. This chapter also highlights the consequences that Indonesian women who are migrant workers must face when leaving their families to work abroad.

scholarly journals No Longer a “Damsel in Distress”: Indonesian Migrant Returnee Women Living in a City

2016 ◽  
Vol 2 (1) ◽  
Author(s):  
Kilim Park
Keyword(s):  
Women Workers ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Collective Consciousness ◽  
Migrant Women ◽  
Factory Workers ◽  
And Gender ◽  
The City ◽  
Discursive Constructions ◽  
Gender Specific

<p>Stories and images of Indonesian women working overseas as domestic and factory workers or in so-called low-skilled occupations are becoming increasingly familiar. The majority of the stories are distressing and heartbreaking, dominated by tragic accounts that continue to strengthen discursive constructions of migrant women’s vulnerability. In this paper I want to put a different spin to the current discourse of TKW in Indonesia. More specifically, I want to begin to talk about former TKW who have now returned to Indonesia after their employment overseas. When the identity of these women are extracted, and framed in a single dimension and when the memory of migrant workers is thus collective as opposed to individual, how can we truly consider femininity and gender of an Indonesian migrant woman? In order to build more dimensions to this story, I take a group of women returnees who are disrupting such workings I discussed earlier that push women into so-called margins, migrant worker returnee-turned activists who advocate on behalf of migrant women workers both at home and overseas. I argue these migrant returnee-turned activists display a different brand of collective consciousness that one might expect from TKW, and instead occupy a place of innovation and transformation in the city, and confound and subvert gender-specific conceptualization of migrant women.</p>

scholarly journals IMPLEMENTATION OF IMMIGRATION FUNCTIONS AS IMMIGRATION LAW ENFORCEMENT IN THE FRAMEWORK OF NONPROCEDURAL MIGRANT INDONESIAN WORKERS

2019 ◽  
Vol 1 (2) ◽  
pp. 117-126
Author(s):  
Rahma Iria Mayang Anggreini ◽  
Anita Herlina
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Government Agency ◽  
Public Understanding ◽  
Immigration Law ◽  
Legal Service ◽  
Legal Basis ◽  
The Law

Indonesia is one of the largest contributors to migrant workers in ASEAN. The large number of Indonesians who have links to become Indonesian Migrant Workers or PMI have started to cause unrest with the criteria for non-procedural Indonesian migrant worker who work without using valid or incomplete documents. The existence of non-procedural migrant worker poses a greater risk of crimes that can occur to migrant workers, considering that they are non-procedural migrant workers who are not bound and protected by the law that works on Indonesian Migration Workers, namely Law Number. 18 of 2017. Membership is not the broad coverage of this legal basis, coupled with the low level of public understanding of the law, and the consequences of its mistakes and weak law enforcement are the main causes of the circulation of non-procedural migrant workers which eventually become victims of crimes that may occur such as exploitation, abuse, national, persecution, smuggling, and human trafficking to become victims of murder. Immigration as a government agency associated with indonesian migrant worker carries out its function partly as public and legal service. Law enforcement carried out by immigration officials, namely monitoring to providing criminal acts, is a form of law enforcement carried out by immigration to provide protection to PMI and prevent non-procedural PMI sending.

the domestic workers’ strike: migrant women, social reproduction and contentious labour organising

2021 ◽  
Vol 129 (1) ◽  
pp. 16-31
Author(s):  
Sujatha Fernandes
Keyword(s):  
Women Workers ◽  
Migrant Workers ◽  
Social Reproduction ◽  
Rural Women ◽  
Political Action ◽  
Nuclear Family ◽  
Domestic Workers ◽  
Global South ◽  
Migrant Women ◽  
The Usa

In recent decades, there have been major changes in the organisation of social reproduction. As middle-class women have entered the workforce in large numbers, and state provision of childcare and other welfare services has been scaled back under neo-liberalism, there has been an unprecedented outsourcing of household labour to the market. The resulting commodification of social reproduction has not liberated women from the demands of housework but has largely shifted this work away from women in the Global North towards migrant women workers from poor and heavily indebted countries of the Global South. At the same time, there has also been a huge increase in internal migration within Global South countries, as newly wealthy middle classes in the cities are being serviced by poor rural women. Commodified domestic labour relies on the existence of gendered and racialised migrant workers. This article examines the domestic workers’ strike as an effective and urgent mode of political action given the massive and growing concentration of migrant women in domestic work. This requires a reassessment of earlier feminist strategies based on a nuclear family model and current advocacy strategies that, influenced by foundations, have rejected the strike tactic in favour of limited legal strategies. This article draws on my empirical research on domestic workers’ movements in the USA and India in order to highlight emerging strategies of labour movements.

scholarly journals Indonesian Migrant Domestic Workers and Sustainable Development Goals: Feasible Policy and Practices

2018 ◽  
Vol 73 ◽  
pp. 09017
Author(s):  
Utami Dewi Anggia ◽  
Rezasyah Teuku
Keyword(s):  
Sustainable Development ◽  
Migrant Workers ◽  
Sustainable Development Goals ◽  
Social Protection ◽  
Migrant Worker ◽  
Domestic Workers ◽  
The Sustainable Development ◽  
Development Goals ◽  
The Government ◽  
Migrant Domestic Workers

The issue of Indonesian migrant domestic workers is still a homework that need to be prioritized by the government. The problematic management, include the lack of legal-based protection, have resulted in many unfortunate cases and conditions of migrant workers. Many of them are prone to unequal treatments, mental and physical abuse, even human trafficking. The Indonesian government currently addresses a policy of zero migrant worker roadmap, which has brought up many critics mentioning how the policy is discriminatory and violates the rights to economy of the workers. By using a qualitative approach of method, this paper aims to discuss the possibility of solutions that will generate an inclusive framework of to eradicate inequalities posed by Indonesian migrant domestic workers, by briefly highlighting the case of Sumba Barat Daya as the second largest migrant workers sender in Nusa Tenggara Timur. Under the Sustainable Development Goals framework, from policy approach, this paper suggests the government of Indonesia to focus more on the skill and capacity building of migrant workers, by also imposing the social protection approach towards them.

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