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Placement and Protection of Indonesian Migrant Workers: A Dilemma between Regulation and Implementation Yochanan Dili Forte Veyavacca Paat; Eny Haryati; Sapto Pramono
Discourse Journal on Law and Society Vol. 2 No. 3 (2026): Agustus: Discourse on Law and Society
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/djls.v2i3.192

Abstract

Indonesia already has a strong legal umbrella to protect migrant workers through Law Number 18 of 2017. Nevertheless, non-procedural migration, human trafficking, and various cases of violence against Indonesian Migrant Workers (PMI) continue to occur. This is the problem examined here: why good regulation has not been able to protect PMI in the field. This study aims to examine the gap between regulation and its implementation while identifying the variables that cause it. The study was conducted in East Java, the province of origin of the largest number of PMI in Indonesia. From all actors involved in the placement and protection of PMI, eight informants were purposively selected: BP3MI officials, provincial and district manpower offices, placement companies, returned PMI from both procedural and non-procedural pathways, victims' families, and civil society organizations. Data were collected through interviews, observation, and documents, then processed by reducing, presenting, and drawing conclusions, and subsequently read using Van Meter and Van Horn's six-variable policy implementation model, tested through triangulation. The results show that the root of the problem lies not in the policy's objectives but in the limited resources of local governments, fragmented inter-agency coordination without a single case coordinator, bureaucracy preoccupied with paperwork, and economic pressure that pushes people toward illegal pathways. As a result, the state handles more cases than it prevents. The study concludes that this gap is systemic and demands integrated case services, a strengthened role for villages, simplification of official pathways, and training that genuinely equips PMI with knowledge of their rights.
Governing Land-Status Uncertainty in Local Development Planning: An Institutional Analysis and Development Theory-to-Practice Review Supardi Supardi; Eny Haryati; Sapto Pramono
Discourse Journal on Law and Society Vol. 2 No. 3 (2026): Agustus: Discourse on Law and Society
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/djls.v2i3.199

Abstract

Land-status uncertainty can obstruct local development planning when incomplete or contested records, unclear claimant recognition, and overlapping authority prevent proposals from moving through planning, authorization, budgeting, and implementation. This article examines that public-administration problem using the verified planning concern in Sembakung Atulai Subdistrict, Nunukan Regency, Indonesia, as a bounded phenomenon. It asks how the Institutional Analysis and Development (IAD) framework explains the relevant actors, rules, information conditions, and decision mechanisms; what applications and criticisms reveal about the framework’s conditions and boundaries; and how the synthesis can inform context-sensitive administrative options. A theory-focused narrative literature review used five documented search runs in Scopus restricted to English-language articles and reviews in journals at final publication stage. From 568 exported records, 130 duplicates were removed and 438 unique records were screened; 40 verified full-text journal articles formed the corpus. The synthesis shows that land-status uncertainty is best understood as a configuration of linked action situations in which information becomes consequential only when rules-in-use and competent authority connect evidence to reviewable decisions. It also shows that baseline IAD requires explicit attention to institutional plurality, power, linked arenas, administrative capacity, and feedback. The article translates these findings into five connected domains: land-status information and verification; claimant recognition and dispute routing; cross-level coordination and decision integration; rule operationalization and administrative capacity; and power-aware accountability and adaptive review. The contribution is conceptual-translational; the framework is a procedural diagnostic and neither determines legal land status nor establishes causal effectiveness.