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Illegal Indonesian Migrant Workers in the Netherlands: A Reflection on Illegal Chinese Migrant Workers In Indonesia (A Comparative Study) Soraya, Yasmine
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The issue of illegal migrant workers is not a new phenomenon in developed countries, such as European countries, known as destination countries for migrants to seek better life. In the Netherlands, in particular, we find a big number of Indonesian migrants who stay and work without proper documents. These workers exist since the 18th century up to nowadays, especially since the establishment of the European Union (EU) which opens up European countries’ internal borders, specifically known as the ‘schengen countries’. They come mostly to European countries such as France and Germany as a tourist and thereafter go to the Netherlands to stay and work illegally. For developing countries such as Indonesia, the issue of illegal migrant workers is not really common. The existence of Chinese Illegal migrant workers has become a great issue in Indonesia at the end of the year 2016. Unlike the Indonesian workers in the Netherlands, the Chinese workers are invited by the company to come and work in Indonesia ‘temporarily.’ because of a contract between Chinese investors and the Indonesia government to transfer their knowledge and technology to the locals. A problem comes when these Chinese migrant workers stay even after their visa is expired and keep working in Indonesia. This paper will describe the background that drive migrants to stay and work illegally in another country and compare the law on migrant/ foreign workers and immigration law in EU, in particular in the Netherlands as well as the free movement regulation and its impact.
The Heterogeneous of State and State Governance: Case of Indonesian Irregular Migrants in the Netherlands Soraya, Yasmine
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The main issues of Indonesian migrant workers mostly lies on pre-departure phase, especially related to the issuance of travel document. They manipulate their data for passport application. From the bigger picture, this occurs because the high rate | of corruption within the immigration office. However, the immigration department is not solely responsible for this problem, but also with BNP2TKI (National Body for the Placement and Protection of Indonesian Overseas Wor- kers) and the Ministry of Manpower as they responsible for issuing regulations and procedures for migrant worker. Additionaly, 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 embassy 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 gover- nance 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.