Enforcing labour rights of irregular migrants in Indonesia

The multi-directional nature of labour migration flows has resulted in an increasing number of countries having become both senders and receivers of regular and irregular migrants. However, some countries continue to see themselves primarily as senders and so ignore their role as a receiving country, which can have negative implications for the rights of migrants in their territory. Using the example of Indonesia, which is State Party to the 1990 UN Convention on the Rights of All Migrant Workers and Their Families, this article demonstrates that irregular migrant workers in this country have the legal right to protection against labour exploitation even when they work despite the government’s prohibition on employment. The article discusses the ‘right to work’ and how international human rights law has translated it into the ‘right to protection from labour exploitation’ for irregular migrants in Indonesia. By way of two case studies about the Indonesian government’s handling of irregular migrants, it shows how it prioritises enforcement of the employment immigration law over labour and employment laws much like countries that have not ratified the ICRMW. It also draws attention to legal protection gaps that emerge for asylum seekers when they are recognised to be genuine refugees.     

Replica casting of the skull base

A new technique is described of obtaining a replica cast of the human skull base by making an epoxy resin case from a silicone rubber mould of the skull base. The replica provides an accurate and permanent record of the shape and dimensions of the base of the cranial cavity, together with the location and extent of any fractures of the skull. The method gives a good correlation between these characteristics and the type and extent of brain damage.     

Autopsy confirmation of severe pulmonary interstitial fibrosis secondary to Munchausen syndrome presenting as cystic fibrosis

Chronic factitious disorder with physical symptoms, or Munchausen syndrome, is a well-recognized but uncommonly diagnosed psychiatric condition characterized by the deliberate production of signs and symptoms of disease in order to receive medical attention. Clinical suspicion of this disease is rarely confirmed by autopsy, as the patients usually do not die as a consequence of feigning illness. Here we report the autopsy confirmation of a case of a suspected Munchausen syndrome patient who presented with a history of cystic fibrosis. Examination of the lungs demonstrated extensive severe interstitial fibrosis, and polariscopic examination revealed a large quantity of crystalline material throughout the tissue; X-ray diffraction identified the material as talc. Synopses of published cases of Munchausen syndrome presenting as cystic fibrosis, and cases of Munchausen syndrome with pulmonary talcosis are presented as part of the discussion.     

Evaluation of structured cognitive–behavioural treatment programmes in reducing criminal recidivism

This paper reports the outcome of a 17-month follow-up of structured, community-based, offence-focused, intervention programmes designed to reduce rates of re-conviction amongst adjudicated offenders under probation supervision. Three separate programmes were examined, all derived from a cognitive social learning model of risk factors for repeated involvement in crime. Using a quasi-experimental design, the study compared male offenders who had completed programmes (n = 215) with a non-completion group (n = 181), a group allocated to programmes but who had not commenced them (n = 339), and a control sample (n = 194) not allocated to the programmes. Outcome data analysis employed (a) an “intent to treat” between-group comparison, (b) “treatment received” methodology. In order to take account of selection bias, data were further analysed using instrumental variables and propensity scores; results suggested a possible treatment effect for moderate and higher-risk cases. Factors influencing different interpretations of these findings were considered.

Co-Investment and Clientelism as Informal Institutions: Beyond ‘Good Enough’ Property Rights Protection

How do we explain high rates of investment in the production of oil palm in Indonesia under conditions of legal uncertainty and uneven protection of property rights? This article argues that what are commonly seen as deficiencies in the formal institutional environment actually enabled investment, but only when informal institutions were able to provide investor assurances. Although the finding that informal institutions provide investor assurances is not new, this study addresses outstanding questions about how such informal institutions work. An examination of the micro-level details of informal institutions in the oil palm industry shows that informal institutions frequently grouped under umbrella terms such as ‘patronage’ or ‘relational ties’ are not uniform. Rather, two types of informal relational tie operate to provide investor assurances: clientelistic and co-investment. Although they serve similar purposes, clientelistic ties work well only under restrictive conditions and are vulnerable to decay. Co-investment, in contrast, is a more robust informal institution, especially when political power is fragmented. Although co-investment provides investor assurances under conditions of legal uncertainty, it remains a particularistic solution and does not guarantee generalized public interest protections.