Law and Labour Market Regulation in East Asia

By Sean Cooney; Tim Lindsey et al. | Go to book overview

Notes
1
This section draws on ILO (1999) and ACFOAHRO (1991). Most of these provisions are discussed in more detail later in this chapter.
2
These are discussed in detail below.
3
Partai Kebangkitan Bangsa (National Awakening Party).
4
Partai Demokrasi Indonesia - Perjuangan (Indonesian Democracy Party - Struggle). Megawati is the popular daughter of Indonesia’s first President, Soekarno. Her party won a plurality with 35 per cent, while GOLKAR achieved 26 per cent (down from 76 per cent at the last manipulated election in 1997, when Soeharto was its candidate).
5
The source for statistics in this paragraph other than Claessens et al. is IMF (1999).
6
This paragraph is an adaptation of Fehring (1999:373-4); and Fehring and Lindsey, (1995:6).
7
Serikat Pekerja Seluruh Indonesia (All Indonesia Employees Union).
8
Confidential information, wage inspector of the Department of Manpower, Jakarta, 1995.
9
In using the term ‘Western’ I adopt the definition of Cooney and Mitchell (2000) of Western Europe, North America and Australasia.
10
This he describes as characterised by a process of rapid change; dense legal regulation of almost every facet of commercial and private life; popular acceptance of law as a legitimate instrument for allocating resources and a simultaneous explosion in ‘rights’ and ‘entitlements’; rising individualism - more willingness to ‘access justice’, either individually or as part of a horizontally-linked interest group; and globalisation - the gradual convergence of legal culture, particularly in commercial settings (Taylor and Pryles 1997:18).
11
This and the next section draw on material published in Lindsey (2000).
12
Mattei in fact at first uses the highly contested and problematic term ‘Oriental’ (at 35) to describe these systems before acknowledging that the geographic label is not sufficiently ‘indicative of the system’s structural nature’. We would argue, per Edward Said (1978), that the expression is positively misleading and unhelpful as it is redolent of the same Western-centrism he seeks to avoid.
13
Although Mattei appears to consider the traditional law pattern more dominant in ‘China and in other Asian countries’ (1997:33).
14
Now the Indonesian province of Irian Jaya, often referred to as West Papua.
15
Partai Komunis Indonesia.
16
Sentral Organisasi Buruh Seluruh Indonesia (Central Organisation of all Indonesian Workers).
17
For detailed accounts of these killings, see Cribb (1991).
18
Angkatan Bersenjata Republik Indonesia (Armed Forces of the Republic of Indonesia).
19
Tentara Nasional Indonesia (Indonesian National Army).
20
By contrast, at its worst in February 1998, the Rupiah only hit 20,000 to the US$ during Indonesia’s recent economic crisis.
21
By 1986 the OPEC oil price had fallen from US$ 34.50 to less than US$ 10 (Ricklefs 1991:307).
22
Federasi Buruh Seluruh Indonesia.
23
Serikat Pekerja Seluruh Indonesia.
24
Komando Distrik Militer (District Military Command).
25
Polisi Resort (District Police).
26
The Mayor.
27
Badan Koordinasi Bantuan Pemantapan Stabilitas National (Co-ordinating Agency for National Stability and Security).
28
Komando Rayon Militer (Sub-district Military).
29
Polisi Sektor (Sub-district Police).
30
Deregulation.
31
See for example, Lambert (1993); Fehring and Lindsey (1995); Schwarz (1994); Manning (1996); and Hadiz (1997) among others.
32
Lembaga Bantuan Hukum.

-50-

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Law and Labour Market Regulation in East Asia
Table of contents

Table of contents

  • Title Page v
  • Contents vii
  • Illustrations ix
  • Preface xiii
  • 1 - Labour Law and Labour Market Regulation in East Asian States 1
  • References 22
  • 2 - Labour Law in Indonesia After Soeharto 27
  • Notes 50
  • 3 - Law and Labour Market Regulation in Malaysia 55
  • 4 - The Development of Labour Law and Labour Market Policy in the Philippines 91
  • 5 - Vietnam’s Labour Market 122
  • References 153
  • 6 - Economic Reform and Labour Market Regulation in China 157
  • Notes 181
  • 7 - Taiwan’s Labour Law 185
  • 8 - Law and Labour-Management Relations in South Korea 215
  • 9 - What is Labour Law Doing in East Asia? 246
  • Index 275
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