Use Of Foreign Workers Research Articles

The Restructuring Righteous Foreign Worker Regulations: The Challenge of Enormous Influx of Foreign Workers

Foreign workers are needed to overcome the challenge of a shortage of professional workers. However, the ineffectiveness of foreign worker licensing regulations in Indonesia hampers the supply of qualified foreign workers and impacts regional levy revenues. This research aims to structure the rules for the fair use of foreign workers. This is normative juridical research with conceptual, statutory, and comparative approaches. The results of a comparison of foreign worker regulations in Indonesia and Singapore are used to develop a regulatory concept that is more responsive to the use of foreign workers, especially in the health sector. The idea of licensing law and justice theory is used for analysis. The research results show that the regulations on using foreign workers in Indonesia are not yet comprehensive regarding the rules for qualifying foreign workers as a condition for issuing permits and justifying good public services. The issuance of permits to use foreign workers has been hampered because several regions do not yet have implementing regulations that impact the collection of regional levies. Second, setting up mechanisms for utilizing foreign workers in Singapore is relatively easy and successful with strict digital-based permit requirements. Thus, Indonesia needs to adopt a foreign labor policy system with strict requirements for issuing permits that are accessible in terms of bureaucracy, changes to laws, implementation of regulations, and drafting of regional regulations.

Pengaturan Penggunaan Tenaga Kerja Asing di Kawasan Ekonomi Khusus

Special Economic Zones in Indonesia are zones that are provided with special facilities to increase investment and national competitiveness. Special economic zones consist of several zones, including export processing zones, logistics zones, industrial zones, technology development zones, energy zones and other economic zones. The use of foreign workers in special economic zones has limitations and potential, which need to be understood so that the benefits can be maximized. These limitations include regulations and compliance, regulatory compliance, and local energy absorption. Meanwhile, the potential for using foreign workers in special economic zones includes technology and skills, easier access to foreign workers, regional economic development, and increasing company productivity.

Legal Certainty of the Existence of Foreign Workers According to Law Number 11 of 2020 Concerning Job Creation

Through Law Number 11 of 2020 on Job Creation, it is easy for foreign workers to enter Indonesia because written permits are replaced by only using a plan for the use of foreign workers. The method used in this research is the normative or legal research method. As a normative legal research, the approach used by the author in discussing this problem is to use a statutory approach. From the results of the research, it is obtained that the policy regarding the regulation of foreign workers in Indonesia has been contained in several regulations, including Minister of Manpower Regulation Number 8 of 2021 which explains the implementation of Government Regulation Number 34 of 2021 concerning the Use of Foreign Workers, as well as Law Number 6 of 2023 which stipulates Government Regulation in Lieu of Law Number 2 of 2022 into the Job Creation Law. The use of foreign workers actually aims to meet the needs of labour with certain skills and expertise in supporting the country's development, especially when the Indonesian workforce is still inadequate in achieving the necessary professionalism. The ratification of Law Number 11 of 2020 brought significant changes in the Labour Law by facilitating the entry of foreign workers into Indonesia, through the deletion and amendment of several articles. In relation to legal certainty regarding the use of foreign workers in Indonesia, Law No. 11/2020 stipulates procedures for the use of foreign workers in Indonesia

KAJIAN YURIDIS PENANAMAN MODAL ASING YANG MEMPEKERJAKAN TENAGA KERJA ASING BERDASARKAN HUKUM KETENAGAKERJAAN DI INDONESIA

This research was carried out with the aim of knowing and analyzing the legal regulations for foreign investment employing foreign workers in Indonesia and the application of the law regarding the use of foreign workers in North Sulawesi. The method used in this research is a normative legal research method which uses a statutory approach to study the legal regulation of foreign workers and an empirical method to determine the application of foreign labor laws.
 The research results show that the regulation of foreign workers in Indonesia is contained in Law No. 13 of 2003 concerning Employment and its derivative regulations and is also contained in the Job Creation Law as regulated in Law No. 6 of 2023. In the Employment Law, provisions for foreign workers are contained in Article 42 to 45. Several provisions regulate that every employer who employs foreign workers is required to have written permission from the Minister or appointed official. Foreign workers can be employed in Indonesia only in an employment relationship for certain positions and certain times. The implementation of the law regarding the use of foreign workers in North Sulawesi is carried out by several agencies, namely those at the center, in this case the Ministry of Manpower, as well as agencies in the regions, namely the Manpower Service and the Immigration Office..

Politik Hukum Pengaturan Retribusi Perizinan Tertentu dalam Hubungan Keuangan Pusat dan Daerah

AbstractThis research aims to determine the dynamics of changes in the regulation of certain types of licensing fees after the enactment of Law Number 1 of 2022 concerning Central and Regional Financial Relations. The results of this research show that first, Law Number 1 of 2022 concerning Central and Regional Financial Relations (UU HKPD) revokes the previous law, namely Law Number 28 of 2009 concerning Regional Taxes and Regional Levies. Second, the HKPD Law regulates levies for Building Approval (PBG), Use of Foreign Workers (PTKA), and Mining Management. Third, the legal politics of changes to certain licensing levy regulations are motivated by several reasons, including: (a) efforts to synchronize the Job Creation Law and the HKPD Law; (b) Academic texts of the Job Creation Law and the HKPD Law which are not comprehensive; (c) policy of simplifying licensing mechanisms and requirements to strengthen the investment climate. The legal policy of issuing the HKPD Law has had juridical implications for regions, such as a reduction in regional autonomy authority because several permits which are the basis for regional levies have been withdrawn by the central government. This makes the authority to impose licensing fees centralized and results in a reduction in the potential for Regional Original Income.Keywords: Licensing Levy, Legal Politics, Central and Regional Financial Relations.

SIYASAH TANFIZIYYAH SYAR'IYYAH ANALYSIS OF THE PROCESS OF PROPOSING A PLAN FOR THE USE OF FOREIGN WORKFORCE IN CENTRAL LAMPUNG ACCORDING TO ARTICLE 17 PARAGRAPH 2 OF GOVERNMENT REGULATION NUMBER 34 OF 2021 CONCERNING USE FOREIGN WORKERS

Foreign Workers are foreign citizens holding visas with the intention of working in Indonesian territory. The use of foreign workers in Indonesia is needed because it accelerates the national development process. The number of foreign workers in Indonesia is now increasing every year so that there is a visible gap between local workers and foreign workers, even though the government itself has limited the period of use of foreign workers as stated in Article 17 paragraph (2) of Government Regulation Number 34 of 2021 concerning Using Foreign Workers, it is necessary for the government to play a role in the process of proposing a plan for the use of foreign workers in accordance with these regulations. This research includes field research. The data process in this research uses observation, interview and documentation data collection methods, the research uses qualitative research and is assisted by using theories related to this problem. The conclusion of this research is that the process of proposing a Plan for the Use of Foreign Workers (RPTKA) according to Article 17 Paragraph (2) of Government Regulation Number 34 of 2021 concerning the Use of Foreign Workers by the Central Lampung Regency Manpower and Transmigration Service has not been implemented optimally, because there are still obstacles in the process of proposing a plan for the use of foreign workers, namely, inaccurate completion time for documents, website system problems often experiencing disruptions, limited quota for licensing applications within 1 (one) day. Siyasah Tanfiziyyah Syari'yyah analysis of the implementation of Article 17 Paragraph (2) of Government Regulation Number 34 of 2021 concerning the Use of Foreign Workers in the Central Lampung Regency Manpower and Transmigration Service is less than optimal in carrying out its mandate where the process of proposing a RPTKA is hampered a lot because inaccurate completion time for documents. Where proposing an RPTKA application or extending the RPTKA, the document process until completion can take more than a week.

AKIBAT HUKUM PEMBERI KERJA MEMFASILITASI PENERJEMAH BAGI TENAGA KERJA ASING

Foreign workers are generally not able to speak Indonesian so some foreign worker employers facilitate foreign workers with interpreters. considering that interpreters are very helpful in bridging communication between foreign workers and local workers. However, on the other hand, the main obligation of employers of foreign workers related to language issues is to facilitate Indonesian language education and training for foreign workers. This study uses a normative method with library research data collection techniques. The results show that in the provisions for the use of foreign workers, there is no obligation for employers to facilitate foreign workers with interpreters, besides that there is also no prohibition for employers of foreign workers to facilitate interpreters, this then shows that there are no explicit provisions regulates the position of interpreters in accompanying foreign workers so that the involvement of translators accompanying foreign workers does not have legal consequences for employers who employ foreign workers.

LEGAL POLITICS OF EASING THE ADMISSION OF FOREIGN WORKERS UNDER LAW NO. 11/2020 ON JOB CREATION

The Indonesian government drafted a law on job creation using the omnibus law method and is effective on November 2, 2020, which aims to regulate job creation attempts that are expected to accommodate Indonesian workers in the midst of competitive competition. There is a statement that the Omnibus law was approved to allow foreign workers into Indonesia freely, which is incorrect statement. In fact, in Article 89 regarding the amendment to Article 42 Paragraph 1 of Law No. 13/2003, there are requirements for hiring foreign workers in Indonesia. The article states that every employer who employs foreign workers must have an endorsement of the plan for the use of foreign workers from the central government. Therefore, this research aims to find out the legal politics of easing the admission of foreign workers after the issuance of the Law on job creation and legal protection of Indonesian workers after the issuance of the Law. This research is descriptive normative research which used legal doctrines, legal issues and legal principles related to the research topic. There are several results from the research, such as (1) the existence of regulations that regulate the easing of foreign workers after the issuance of Law No. 11/2020 on job creation, which consists of Articles 42, 44, 46; (2) the existence of legal politics in the easing of foreign workers in Indonesia, by prioritizing the interests of companies in using foreign workers; (3) prioritizing the rights of local workers in getting jobs easily.

Role of the Aceh government in managing foreign labour

The 1945 Constitution, Article 27 Paragraph stated that “every citizen has the right to work and a decent living for humanity "The Manpower and Population Mobility Service noted that the number of foreign workers in Indonesia as of May 2021 reached 92,058 people and on 10 June 2020 it found 29 Chinese foreign workers brought in by PT. MPG and PT. Tjianjin, whose work permit has expired. Then on August 8, 2020, 37 out of 39 Chinese foreign workers who will work in the PLTU 3 and 4 projects entered through Cut Nyak Dhien Airport, who only have a visit visa, without a work permit. The research method used in this study is library research and documentation. In the literature research, secondary data will be obtained, which will provide descriptions of how the laws and regulations governing the placement of foreign workers are practiced. Conclusions and suggestions that can be concluded, Regulation of the Minister of Manpower and Transmigration of the Republic of Indonesia Number 12 of 2013 concerning Procedures for the Use of Foreign Workers, and the Role of the Aceh Government in Supervision of Foreign Workers in companies in the Aceh Legal Territory are carried out in accordance with Law No. 11 of 2006 concerning the Government of Aceh. It is hoped that the government and the government of Aceh can improve supervision of foreign workers as stipulated in Qanun No. 7 of 2014 concerning employment, the duties and functions of the government of Aceh in Article 1 of Qanun No. 7 of 2014 concerning employment according to the duties and functions of the Labour Inspection Sector, so that foreign workers can be supervised and limited in the use of work visas in Indonesia because currently foreign workers in Indonesia is very easy to get a job without any restrictions in accordance with the applicable laws and regulations so as not to harm local workers.

Provisions for The Use of Foreign Workers in Indonesia

The use of foreign workers in Indonesia is intended to transfer knowledge and SKILL. Various requirements must be met as a condition if the entrepreneur/company wishes to bring in foreign workers. The purpose of placing foreign workers in Indonesia; first, is to meet the need for skilled and professional workers in certain fields that cannot be filled by Indonesian Migrant Workers; second, accelerating the process of national development by accelerating the process of technology transfer or knowledge transfer, especially in the industrial sector; third, provide expansion of employment opportunities for Indonesian Migrant Workers; fourth, increase foreign investment as a support for development capital in Indonesia. This type of research uses normative methods by analyzing legal provisions with statutory and case approaches, is descriptive analysis in nature which aims to describe, inventory, and analyze regarding the provisions governing foreign workers in Indonesia through library research. The discussion in this study is an effort to avoid legal problems and the excessive use of foreign workers, the government must carefully determine the policies to be taken in order to maintain a balance between foreign workers and domestic workers. The manpower aspect, especially in terms of the obligation to use Indonesian workers and the necessity to hold industrial training, transfer of knowledge and technology as well as work permits for foreign workers is an absolute requirement in relation to the use of labor.

Seasonal and mission contracts in Southern French fruit farms: the tainted rights of foreign workers

This article questions the compatibility of the principles proclaimed by the Treaty on the Functioning of the European Union, namely the free movement of workers, the freedom to provide services and the fight against discrimination. The study focuses on the arboriculture sector established in the Crau region over the past fifty years through two biographical accounts collected in 2008 and 2014, which allow us to understand the adjustments made by local actors, who are grappling with the changes in the sector, particularly through the systematic use of foreign workers as a means of adjusting production costs. The article mobilises familiarism under various aspects — structural, functional and organizational — to analyse the socio-economic behaviors of small and large arboriculturists, integrated on a regional, national and European scale on competitive markets of agricultural products and jobs. In a double qualitative and quantitative approach, it is shown the update of the modalities of employment of foreigners in the department of Bouches-du-Rhône and in the tree farms of the Crau, characterised by the co-presence of foreign workers under season contracts introduced by the French Office of Immigration and Integration, and workers under mission contracts made available in France by temporary work companies registered in Europe. Finally, the article considers the exceptionality of these temporary contracts, by analysing the litigation procedures within a certified and labelled fruit industry, marked by unequal treatment and systemic discrimination against these indispensable workers.

Peraturan Daerah Horison dalam Undang-Undang Nomor 1 Tahun 2022 (Tinjauan Yuridis Dana Kompensasi Penggunaan Tenaga Kerja Asing)

The impact of Law No. 1 of 2022 on Financial Relations between the Central Government and Regional Governments seems to be quite perplexing for Regional Governments. This is due to changes in the nomenclature of several user fees that are a source of revenue for the region. The levy on the use of foreign workers is one of them. A quo law also includes orders for an omnibus law regional regulation in terms of regional taxes and levies, as well as a horizon regional regulation. A horizon regulation is a regional regulation whose validity period is limited or whose validity period is known at the time it is formed. This study uses a normative legal research method with a statutory and conceptual approach. The conclusion of this paper is the formation of a Perda Horizon by the Regional Government as a consequence of Law No. 1 of 2022.

SUPERVISION AND ENFORCEMENT OF LABOR SANCTIONS AGAINST VIOLATIONS OF PERMITS TO USE FOREIGN WORKERS IN THE PROVINCE OF SOUTH SULAWESI

The importance of supervising foreign workers working in Indonesia needs to be controlled and supervised by the Ministry of Manpower. Uncontrolled use of foreign workers will have an impact on domestic workers. Therefore, the use of foreign workers must meet the provisions of positions that may be occupied by foreign workers, so that for positions that can still be carried out by Indonesian workers, domestic workers should be prioritized. The research used in this research is social law research/empirical research which is carried out with an approach to the legal reality in society. Related to employment crimes, it is a judicial repressive measure as the last step in enforcing labor law. From the law enforcement process in the field of labor inspection, we know that the law enforcement process is carried out in three stages, namely, the stage of development, supervision and enforcement of sanctions.

Yudicial Review Omnibus Law Dalam Melindungi Pekerja dan Mengembangkan Investasi di Indonesia

The urgency of the Omnibus Law as a solution to investment regulation in Indonesia is because Indonesia is a legal state that has the role of a welfare state. In addition, omnibus law is also a concept of a legal product that functions to consolidate various themes, materials, subjects, and laws and regulations in each sector to become one extensive and holistic legal product. With the establishment and promulgation of the omnibus, it is hoped that it will facilitate investment for investors, which will impact increasing the economy as people's prosperity. Omnibus law as the rule of law will embody the rule of law in the economic aspect as legal certainty, benefit, and justice. In addition, the Omnibus Law is also expected to protect the Indonesian workforce in the future, such as regulations regarding worker status, wages, working hours, compensation for layoffs, and the use of foreign workers. Directly or indirectly.

Pelaksanaan Ketentuan Penggunaan Tenaga Kerja Asing pada Hotel Area Sanur di Kota Denpasar

Based on observations at the hotel in the Sanur area, there were several foreign workers working at the hotel before the permit was approved. This study aims to examine the implementation of the provisions on the use of foreign workers and examine the obstacles in implementing the provisions on the use of foreign workers at hotels in the Sanur area. This research method is empirical legal research with a statutory approach. There are two sources of data used, namely primary and secondary legal materials. To obtain valid data, the researchers used observation and interview techniques. Research data that has been collected, processed and analyzed qualitatively descriptive. The results show that special requirements such as foreign workers must have specific skills, companies that guarantee foreign workers must have a permit to employ foreign workers and foreign workers must meet immigration requirements such as passports, visas and KITAS. The use of foreign workers in hotels in the Sanur area of ​​Denpasar City is quite good, but there are obstacles in implementing the provisions for the use of foreign workers in hotels in the Sanur area when foreign workers are needed urgently so that they take a shortcut by extending a Visit Visa when the work visa has expired. The suggestion is that companies in Indonesia should prioritize competent local workers and follow the rules regarding the use of foreign workers.

Penegakan Hukum Terhadap Pelaku Cyber Bullying di Kepolisian Daerah Bali pada Masa Pandemi Covid-19

Based on observations at the hotel in the Sanur area, there were several foreign workers working at the hotel before the permit was approved. This study aims to examine the implementation of the provisions on the use of foreign workers and examine the obstacles in implementing the provisions on the use of foreign workers at hotels in the Sanur area. This research method is empirical legal research with a statutory approach. There are two sources of data used, namely primary and secondary legal materials. To obtain valid data, the researchers used observation and interview techniques. Research data that has been collected, processed and analyzed qualitatively descriptive. The results show that special requirements such as foreign workers must have specific skills, companies that guarantee foreign workers must have a permit to employ foreign workers and foreign workers must meet immigration requirements such as passports, visas and KITAS. The use of foreign workers in hotels in the Sanur area of ​​Denpasar City is quite good, but there are obstacles in implementing the provisions for the use of foreign workers in hotels in the Sanur area when foreign workers are needed urgently so that they take a shortcut by extending a Visit Visa when the work visa has expired. The suggestion is that companies in Indonesia should prioritize competent local workers and follow the rules regarding the use of foreign workers.

REGULATION OF FOREIGN WORKERS BASED ON JOB CREATION ACT OF MASLAHAH PERSPECTIVE

The Omnibus Law Bill which has been passed into law number 11 of 2020 concerning Work Creation has generated a lot of controversy in the community. One of the articles that is most highlighted is related to foreign workers, in which the licensing is made easier. For this reason, this regulation needs to be studied from the perspective of maslahah. The purpose of this study is to determine the regulation of foreign workers after the work copyright law and its maslahah perspective. The research method used is normative juridical research with a statute approach and a conceptual approach. The results of this study indicate that Article 42 of the Job Creation Law contains a permit for the use of foreign workers using only RPTKA. In addition, the positions of foreign workers that do not require RPTKA are expanded and added to the positions of directors, commissioners and foreign workers needed in an emergency situation. Furthermore, details of the RPTKA were also deleted. In terms of maslahat, the regulation of foreign workers based on the Job Creation Law is not yet in accordance with the concept of maslahat, because the benefit is only for some people, not for the general benefit.

PENGARUH ASPEK PENGGUNAAN TENAGA KERJA DAN IZIN KERJA BAGI PENGGUNAAN TENAGA KERJA ASING TERHADAP KEGIATAN PENANAMAN MODAL DI INDONESIA

Employment problems can arise due to several factors such as education, job opportunities and relatively low economic growth. This is experienced by many countries including Indonesia. This writing aims to determine the effect of aspects of the use of labor and work permits for the use of foreign workers on investment activities in Indonesia. The writing method used in this paper is a literature review method (library research). From the discussion, it can be concluded that the employment issue is a very important element to get the attention of all parties related to foreign workers, because the impact it can have can encourage an increase in foreign investment in Indonesia on investment. Aspects of the Obligation to Use Indonesian Workers and the Obligation to Organize Industrial Training (Industrial Training) and Work Permits for the Use of Foreign Workers (TKA) on Investment Activities in Indonesia have a major influence on investment activities in Indonesia. For this reason, labor regulations must be supported by adequate laws and regulations according to the demands of the interests of the community and investment actors in Indonesia. Keywords: influence, employment, investment, investment

RE-ORIENTATION OF LEGAL POLICY FOR USING OF FOREIGN WORKERS IN INDONESIAN JUSTICE

The existence of foreign workers, which so far has not been balanced with clear legal arrangements, has in its development led to problems of legal certainty in the field of employment. This writing uses doctrinal research or normative juridical research as for the research results obtained that the re-orientation of the implementation of legal policies on the use of foreign workers has not been able to achieve justice. This is because the legal politics of the use of foreign workers has resulted in reduced job opportunities for domestic workers, which in turn resulted in unemployment and poverty problems. Weaknesses in the implementation of the politics of using foreign workers are the shortcomings in the form of time limits and the amount of use of foreign workers is not clearly regulated in the politics of foreign labor law in Indonesia, then the weakness in the case of dualism in work permits for foreigners in Act No. 13 of 2003 and Act No. 6 of 2011.

Analisis Hukum Penggunaan Tenaga Kerja Asing Terhadap Pertumbuhan Ekonomi Di Kota Medan

In line with the movement and development of globalization which encourages the movement of capital flows to all corners of the world, then there is also a fairly large movement of population or labor between countries. This is a factor that the owners of capital certainly need skilled workers who can manage their investment in the destination country. This study aims to analyze and provide the basic concept of implementing the protection of the Manpower Act Number 13 of 2003 for foreign workers in Medan City and to analyze whether the use of foreign workers in Medan City has an effect on economic growth or on the contrary has an impact on economic decline and reduced employment opportunities for local workers in Medan City. This research uses normative and doctrinal research, which is a descriptive qualitative research. The results of this study are that in Law No. 13 of 2003 concerning Manpower, the regulation on the use of foreign workers is contained in Chapter VIII, Article 42 to Article 49. And there is an effect of the use of foreign workers in Medan on the increase in the economy of Medan City