Examining Gendered State in Protecting Indonesian Women Migrant Workers in Malaysia and Hong Kong

Abstract

This study addresses efforts made by Indonesian government actors in Malaysia and Hong Kong to protect Indonesian women migrant workers in the informal sector working in both countries. Indonesian female migrant workers in Malaysia were numbered the highest in Southeast Asia, while Indonesian female migrant workers in Hong Kong were the highest in Asia. The theories and ideas used in this research are the concepts of countries and migrant workers suggested by Gunawardana with the classification of brokerage, regulatory and protectionist regimes. The increasing number of work-related cases of violence, access to health, and legal protection indicates that the problems faced by Indonesian women migrant workers and the role of government protection remain partially addressed. By using qualitative research methods, and in-depth interviews, the current study found that Indonesian government actors in Malaysia made efforts to protect two women migrant workers who were victims of violence. However, it was not only due to protection efforts but also because of the role that civil society had in their efforts to resolve the cases. Meanwhile, Indonesian government actors in Hong Kong had not performed optimally in seeking protective measures for victims of violence, and there was a dominant protective role maintained by civil society in Hong Kong in regards to the Erwiana case. The domestic recruitment process, which is quite lacking in terms of protection, had an effect on the violence experienced by the two Indonesian female migrant workers in Malaysia and had no effect on the Indonesian female migrant worker in Hong Kong. Based on these findings, it can be concluded that the role of Indonesian government actors in protecting women migrant workers is part of the protectionist regime but is partially executed because they had not been afforded protection since their departure. The novelty of this research is that the role maintained by civil society has led to the shift of the broker regime toward the protectionist. This research discovered a new finding that given the role of civil society and the synergy between government actors and civil society, the role of the Indonesian government is identified to be in the protectionist regime even though it is partial and conditional, namely given the role and participation that civil society holds.