The Governance of Indonesian Overseas Employment in the Context of Decentralization

Palmira Permata Bachtiar
Monograph SMERU Research Institute • August 2011 Indonesia


The governance of international migration in the context of decentralization is somewhat awkward. Debate occurs, particularly on the issue of whether it is a decentralized or centralized matter. It is debatable because overseas employment lies both in the area of employment and foreign affairs. Law No. 32/2004 concerning Regional Governance stipulates that employment is a decentralized matter, while foreign affairs are not. Yet, the governance of Indonesia's overseas employment is characterized with centralistic approach. One can obvious see it from the following angles. First, the ones in favor of centralistic governance usually make use of Article 33 and 34 of Law No. 13/2003 concerning Labor (Naekma and Pageh, 2009). These articles differentiate domestic employment from the overseas employment, leaving the latter to be regulated by another law, which is Law No. 39/2004 concerning the Placement and Protection of Indonesian Migrant Workers (PPTKI). Based on these provisions, these people then argue that domestic employment is decentralizable while overseas employment is not.




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