A Disciplined Freedom: The Paradox of Labour Rights in Post-Reformasi Indonesia

Rizma Afian Azhiim,Gema Ramadhan Bastari

doi:10.22146/pcd.36026

Abstract

This paper will discuss the paradox of labour rights in Indonesia after the beginning of Reformasi in 1998. Despite workers having been provided with better regulations that uphold all of their essential rights, labour protests remain prevalent with the same demands every year. To explain this paradox, this paper will employ Foucault's concept of biopower to argue, that instead of bringing prosperity to workers, these new regulations have actually disciplined them. New regulations and freedoms have dictated and limited the kinds of actions that workers can undertake, constructing their logic and becoming internalised to the point that some do not realise that they are ironically being constrained by the very laws that were supposed to free them. As such, workers have unknowingly become trapped in a cycle of protest–new government policy–protest ad infinitum. This paper concludes that "Reformasi" has not done much to improve workers' prosperity. The Manpower Law and freedom of association have failed to guarantee the fulfilment of labour rights, instead giving a false sense of freedom. To escape this trap, the labour movement must find a way to fight outside of the logic provided by the Manpower Law by beginning to imagine a system where labour exploitation can no longer exist.

Highlights

Ever since the beginning of political reform, known as Reformasi, in 1998, Indonesia has undergone significant progress in its regulation of labour rights
The same thing is yelled by workers who are demonstrating in the streets: “Increase our wages!” Despite the numerous problems plaguing industrial relations, including the exploitation of the workforce by paying wages below the ‘real’ surplus value of the commodities produced, the informalisation of labour, and—most importantly—the power gap between the working and capital-owner class, Indonesian labour movements return to the issue of wages year after year
This paper argues that every apparatus employed by the Indonesian government during the Reformasi era to provide workers with freedom have disciplined them

Summary

Introduction

Ever since the beginning of political reform, known as Reformasi, in 1998, Indonesia has undergone significant progress in its regulation of labour rights. Law No 13 of 2003 on Manpower set standards for the relations between employees and employers and emphasised the importance of wage standards, maternity leave, and (most importantly) freedom of association (Law No 13 of 2003 on Manpower). This law led to the creation of many labour unions in Indonesia, which in turn provided more protection for the welfare of Indonesian workers.

A Disciplined Freedom

Freedom of Association

Improvement of Working Conditions

Securement of Worker–Employer Disputes

Conclusion