Abstract
Based to Article 10 Paragraph (1) on Regulation Ministry of Manpower Number 10 Year 2018 Concerning Procedure of Employ Foreign Worker says that employer of the foreign worker is not required to possess any EPP (working permit) to employ foreign workers who are shareholders with the position of the board of directors or board of commissioners, as it is stated before on Article 10 Paragraph (1) Presidential Decree No. 20 Year 2018 Concerning Foreign Worker. Nevertheless, the facility for investors to possess stay permits in Indonesia which is mentioned in Article 22 Paragraph (3), Regulation of Ministry of Justice and Human Rights Number 51 Year 2016 Concerning Change of Regulation Number 24 Year 2016 Concerning Technical Procedures for Application and Issuance of Visit Visas and Limited Stay Visas, says that the investor prohibited working. This study aims to investigate the procedure and the regulations that govern temporary stay permits of directors and foreign investors in Indonesia. The method used in this study is normative legal research and meanwhile, statute approach and conceptual approach are used as the approach of this study. The results of this study showed that 1) higher norms govern action, as to create lower norms, governs realization of action. Presidential Decree has a higher position in the hierarchy from Ministry Regulations. 2) ideal framework of statutory regulations shall consist of a balance portion of justice, legal certainty and finality.
Highlights
Indonesia as a developing country needs investment to be able to turn the pace of development so that it can be appreciated by the wider and remote communities of Indonesia
Based on principle of delegation from Article 23 Investment Law, can be found on Article 10 Presidential Regulation Number 20 Year 2018 Concerning Utilization of Foreign Workers, which mentions that EPP is not necessarily need for an investor with position as members of the Board of Directors and members of the Board of Commissioners
The two regulations should be a continuation of the technical rules for the Presidential Regulation on the Use of Foreign Workers, the Investment Law and the Limited Liability Company Law, which hierarchically have a position above the two ministerial regulations
Summary
Indonesia as a developing country needs investment to be able to turn the pace of development so that it can be appreciated by the wider and remote communities of Indonesia. The need for large funds for development and growth of the nation's economy does come from domestic sources, and comes from foreign sources of funding. Funding from abroad is known as foreign investment. The motive of a company to invest in a country is to make a profit. The government’s need of foreign investment as a source of national development funds requires hard work by creating a conducive investment climate. Several important elements to create a conducive investment climate, the government needs adequate infrastructure, security, social and political stability and law enforcement. Law enforcement should be balance and consist of three elements, namely: legal certainty, justice and benefit (Kairupan, 2013:4)
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
