Labour market institutions for immigrants: The case of high‐wage migrant workers in Indonesia

Abstract

Abstract This paper presents a novel ‘legal process’ analysis to examine labour market institutions' role in addressing violations of migrants' labour rights in Indonesia. Examining 92 labour disputes and conducting qualitative interviews with stakeholders, the study explores Indonesia's primary labour market institutions' effectiveness in safeguarding migrants' rights. Systemic shortcomings within Indonesia's labour market institutions are revealed, indicating their limited capacity to protect migrants' labour rights effectively. Qualitative interviews provide insights into various foci and disconnects contributing to institutional failures. Calling attention to the role of the state, this study identifies ‘institutional fixes’ that facilitate migrant rights protection, such as the assistance provided by private lawyers. It argues for shifting focus from ‘migrant exceptionalism’ to acknowledging migrants' experiences within labour market institutions as workers. This study contributes to understanding migrant labour governance in Indonesia, emphasizing the need to address institutional failures and advocate for comprehensive reforms to protect migrants' rights effectively.

Keywords

• Indonesia
• institutional fix
• labour dispute settlement
• legal counsel
• skilled migration