Corporate Crime in Smuggling Illegal Foreign Workers in Indonesia

Abstract

Mobilization of workers between countries easily occurs in the era of globalization causing foreign workers (TKA) to enter Indonesia easily. The basic philosophy of using TKA is needed in the context of increasing investment, exports, transferring technology and transferring expertise to Indonesian Citizen Workers (TKI), as well as expanding employment opportunities. Therefore, in accordance with the Job Creation Law No.11 of 2020 the Employment Cluster in Article 45 paragraph (1) it is emphasized that in hiring foreign workers, employers are required to appoint migrant workers as companions for foreign workers and carry out training for technology transfer and skill transfer from foreign workers. to the TKI companion. The research method used in this study is a normative juridical approach. This approach method is carried out in order to be able to make changes or changes from various theories in the discipline of law through a scientific process. Normative juridical research is research conducted by examining library materials or primary legal materials. The research specification used in this research is descriptive analytical method by explaining, describing, and correlating legal regulations and theories with the problems that occur. The researcher will read and then organize every legal material collected. In this study, conclusions are drawn using the deductive method, namely drawing conclusions from a general problem to a specific one so that it becomes a reference for answering the problems in research relating to the categorization of foreign workers as foreign workers the application of illegal and sanctions against corporate crimes against companies that carry out smuggling of illegal foreign workers in Indonesia. The results of the study show that the category of illegal foreign workers are foreign nationals who enter and work in the territory of the Republic of Indonesia without following the migration regulations and the rules for using foreign workers in force in Indonesia and any company that is proven to have committed a corporate crime. smuggling of illegal foreign workers must be strictly processed by imposing criminal sanctions in the form of imprisonment, fines and revocation of company licenses.