The Heterogeneous of State and State Governance: Case of Indonesian Irregular Migrants in the Netherlands

Yasmine Soraya


DOI: http://dx.doi.org/10.17304/ijil.vol17.3.793

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Abstract


The core of issues of Indonesian migrant workers abroad lies mostly at the phase of pre-departure. One of most issues is on the administration of processing the travel document. Many migrant workers use false documents or false data on their passport. This has existed for years. From the bigger picture, this occurs because the level of corruption within the immigration office is still high. However, the problematic issues of documents and working abroad are not only the responsibility of the immigration department. The other departments such as BNP2TKI (National Body for the Placement and Protection of Indonesian Overseas Workers) and the Ministry of Manpower are also responsible because they are the bodies that establish the regulations and procedures for workers to work abroad. In addition to this, the Department of Foreign affairs, which accommodates and oversees all Indonesian embassies and consulates abroad, also plays a role concerning the legal and political protection of Indonesian citizens. The embassies or consulate consist of officials from many departments (immigration department, department of education and cultural affairs, etc.), and they are not only responsible to the ambassador but also their departments in Indonesia. The lack of integrated legal understanding between these four departments and the imbalance of work between them could be the factors of the issues related to the rights of migrant workers. The heterogeneity of the state above and the state governance happens not only in Indonesia but also in the destination country and migrant workers should deal with two systems of legal governance which also experience transformations through time. This paper will discuss the impact of the heterogeneous state and state governance to Indonesian migrant workers in the Netherlands and how the migrants themselves navigate with these two systems.


Keywords


state heterogeneous; state governance; Indonesian migrant workers; irregular migrants; circular migration



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