Use Of Foreign Workers Research Articles

Pengawasan Penggunaan Tenaga Kerja Asing Di Sumatera Barat

The Republic of Indonesia was founded, the Indonesian people have realized that work is a human need for citizens. This is stated and mandated in Article 27 paragraph (2) of the 1945 Constitution which states that "Every citizen has the right to work and a living that is decent for humanity". This has implications for the state's obligation to facilitate citizens to obtain decent work for humanity. However, recently the use of foreign workers has become one of the main issues in Indonesia. Foreign workers are foreign nationals holding visas with the intention of working in Indonesian territory. Constitutionally, the use of foreign workers in Indonesia is regulated in Law no. 13/2003 concerning Manpower and strengthened by Law no. 25 of 2007 concerning Investment. Thus the use of foreign workers cannot be avoided because it is constitutionally very possible. Another factor that influences the presence of foreign workers in Indonesia is the agreement of the ASEAN Economic Community (AEC) which began in 2015. This has provided opportunities for the free use of foreign workers for the ASEAN region. What has always been a problem is the high unemployment rate caused by the lack of employment opportunities for Indonesian citizens.

ТРУДОВЫЕ МИГРАНТЫ В РОССИИ В ПЕРИОД ПАНДЕМИИ КОРОНАВИРУСА

The article is devoted to the study of the impact of the coronavirus pandemic on international labor migration in modern Russia. Based on the use of official statistics and the results of sociological research, the impact of the COVID-19 epidemic on the recruitment and use of foreign workers is considered. Current and long-term strategies of labor migrants ' behavior in the domestic labor market are revealed. Special attention is paid to solving problems in the field of regulating labor immigration flows in the context of the way out of the stagnation and overcoming the consequences of coronavirus. The results of the study may be of interest to Russian authorities at the Federal and regional levels in the development and implementation of state migration policy and employment policy in the labor market.

EVALUATION OF ELECTRONIC LIMITED STAY NOTIFICATION SYSTEMS IN THE IMMIGRATION OFFICE CLASS I PEKANBARU

Presidential Regulation Number 20 of 2018 concerning the Use of Foreign Workers as a trimmer of bureaucracy so that Foreign Workers who will come to Indonesia have the licensing process not as complicated as before. However, the reality in the field still finds some systemic problems that occur in the ITAS extension process, including: Electronic ITAS notification sending that does not go to the sponsor's email and has to be resent and the network when taking Biometrics (taking photos and fingerprints) is slow and the Biometric Matching System (BMS) to the center used by all applications requiring biometric checks is also slow. This certainly hinders immigration officers from issuing ITAS. System problems that occur include: Electronic ITAS notification sending that does not go to the sponsor's email and has to be resent and the network when taking Biometrics (taking photos and fingerprints) is slow and Biometric Matching System (BMS) to the center used by all applications requires slow biometric checks too. This certainly hinders immigration officers from issuing ITAS.

Проекты привлечения иностранных рабочих на предприятия горнодобывающей отрасли Степного края в годы Первой мировой войны

Исследование посвящено изучению вопроса о привлечении иностранной рабочей силы на горнодобывающие предприятия Степного края в годы Первой мировой войны. Документальной основой статьи послужили материалы, хранящиеся в Российском государственном историческом архиве, часть которых впервые вводится в научный оборот. Промышленность Степного края в годы Первой мировой войны испытывала дефицит рабочей силы. Руководство горнодобывающими предприятиями рассматривало возможность привлечения японских и китайских рабочих. Однако после более тщательного изучения данного вопроса на предприятиях Риддера вынуждены были отказаться от использования труда иностранцев, так как это влекло за собой необходимость решения целого ряда проблем, связанных с обеспечением новых рабочих достойными условиями проживания, предоставлением социальных гарантий, медицинским страхованием. Также трудоустройству иностранцев на предприятия горнодобывающей промышленности Степного края препятствовали языковой барьер, высокие расходы, сопряженные с перевозом и содержанием рабочих. Нередко иностранцы после выяснения условий труда отказывались от предлагаемой работы, объясняя это низкой заработной платой. В итоге, несмотря на различные проекты привлечения иностранцев, руководство горнодобывающей отраслью Степного края вынуждено было изыскивать внутренние ресурсы для ликвидации дефицита рабочей силы.

STANDARDIZATION OF LIMITED STAY ONLINE LICENSE SERVICE FOR FOREIGN WORKERS IN INDONESIA

Presidential Regulation Number 20 of 2018 on the Use of Foreign Workers mandates new administrative duties for Immigration Agency in terms of granting residence visas and permits for Foreign workers. The online single submission, is an application in which integrates the system of the Directorate General of Immigration and the Ministry of Manpower. It is expected that the administrative procedure for foreign workers in entering Indonesian will be less complicated than before in order to boost national economic growth in the Unitary State of the Republic of Indonesia. For this reason, the study aims to figure out a standard of public service in Immigration Clearance for Foreign Workers at Immigration Checkpoints. 
 This study uses an empirical-normative approach that examines the Immigration Clearence procedure for Foreign Worker after the enactment of Presidential Regulation Number 20 of 2018 concerning the Use of Labor. This research begins with library and field research. The data collection techniques used in this study are observation, interviews, and documentation. Furthermore, to analyse the system of Immigration clearance of foreign worker at Immigration Checkpoint, I will utilise the public service standard from The act number 25 of to 2009 about public services. The result of the study indicates that the implementation of Online Single Submission hasn’t been fully met the ideal public service standards.

Peran Pemerintah Daerah Kabupaten/Kota Dalam Pengawasan Tenaga Kerja Asing di Indonesia

Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia implies that the natural resources which belong to the State are used for the prosperity of the people of Indonesia. Thus, in carrying out the mandate of the Constitution to create justice for the community and national economic development of employment including foreign workers, the government should provide a good mechanism and supervision so that there will be no gap between the mandate of the constitution and the acceleration of economic development involving foreign workers. Labor inspection done by a separate working unit in the agency whose scope of duties and responsibilities is in the field of employment is in the central government, provincial government, and district/ city government. This study used a normative-empirical approach, where the researcher examined the law and its implementation regarding the roles of district/ city governments in the supervision of foreign workers. The purpose of this study was to examine the extent of the roles of district/ city governments in overseeing foreign workers in their regions. The results of the study showed that the roles of district/ city governments in carrying out the supervision of foreign workers in Indonesia were not regulated by laws of No. 23 of 2014 concerning regional government, PP No. 20 of 2018 concerning the use of foreign workers, and Minister of Manpower Regulation No.10 of 2018 concerning procedures for the use of foreign workers. Thus, its implementation made it difficult for district/ city governments to oversee the presence of foreign workers in their areas.

TINJAUAN HUKUM TERHADAP PENGGUNAAN TENAGA KERJA ASING DI INDONESIA BERDASARKAN PERATURAN PRESIDEN NOMOR 20 TAHUN 2018 JO. PERATURAN MENTERI KETENAGAKERJAAN NOMOR 10 TAHUN 2018

Indonesia is a legal state.Developing countries where development of technology is growing rapidly.So the country has high competitiveness to work. Then, the Government issued a new regulation governing Manpower, namely Presidential Regulation 20 Year 2018 concerning the Use of Foreign Workers, followed by its implementing regulation namely Minister of Manpower Regulation 10 year 2018 concerning Procedures for the Use of Foreign Workers, which replacing the old regulation namely Presidential Regulation 72 of 2014 concerning the Use of Foreign Workers and its implementing regulations, namely Minister of Manpower Regulation No. 35 of 2015. However, after the issuance of the latest regulations governing Manpower there were pros and cons, the pros against new regulations this is because since the latest regulation, the users of foreign labor have easy access to the terms of use of foreign workers. As for the contract, because workers in Indonesia feel that since the latest regulation, Indonesian workers feel their chances of working are fewer. So that the author writes about the problem of how the Regional Government policies in the use of foreign workers? The author uses normative legal methods and uses interview data and survey results as supporting data.The results of the research obtained are that the Government has taken a policy that is very helpful for the progress of the national economy in our country, only there are some problems in enforcing the regulations in the community there are still shortcomings.

PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA ASING (TKA) AKIBAT PEMUTUSAN HUBUNGAN KERJA (PHK) SECARA SEPIHAK OLEH PERUSAHAAN MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (STUDI KASUS PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 1285/PDT.SUS-PHI/2015/PN.JKT.PST Jo. PUTUSAN MAHKAMAH AGUNG NOMOR 133 K/PDT.SUS-PHI/2017 Jo. PUTUSAN MAHKAMAH AGUNG NOMOR 165 PK/PDT.SUS-PHI/2018)

Termination of employment is one of the last attempts carried out by the company if no agreement is reached between the parties. However, all efforts must be made in advance so that Termination of Employment does not occur, as stated in Article 151 paragraph (1) of Law No. 13 of 2003 concerning Manpower. The subject matter of this case can be seen from the results of the Judicial Review with Decision Number 165 P / Pdt.Sus-PHI / 2018, stating that the Defendant has unilaterally terminated the Work Relationship and is obliged to pay compensation to the Plaintiff in the form of wages until the IMTA end. Even though according to Article 62 of Law No. 13 of 2003 concerning Labor states that if one party terminates a work relationship before the time expires, the party ending the employment relationship is obliged to pay the worker or labor wage until the expiration of the term of the work agreement. In addition to that, the other main issue is the supervision of the Ministry of Manpower on the use of Foreign Workers (TKA) related to this case. The type of research used is the normative research method.

Коллизионное урегулирование трудовых отношений, осложненных иностранным элементом: проблемы и перспективы

The selected research topic is relevant, since the rapid growth of labor migration at the international level with the use of foreign workers forms relations that are regulated by the rules of private international law, the main content of which is reduced to the conflict of laws problem and its resolution. Today, the particularly important issue of the choice of law to be applied to relations with a foreign element is solved with the help of conflict of laws rules containing the principles for the consideration of controversial legal situations and the criteria for choosing the rules for their regulation. Labor law of any state is a complexly formed structure consisting of private and public elements of law. Consider the norms of the Civil and Labor Codes of the Russian Federation, which relate to the main provisions of private international law, identify problems and offer the most effective ways to solve existing problems.

ANALISIS PELANGGARAN PERJANJIAN KERJA WAKTU TERTENTU PADA TENAGA KERJA ASING TERHADAP UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN DALAM PUTUSAN MAHKAMAH AGUNG TINGKAT KASASI NOMOR: 286/K/Pdt.Sus-PHI/2013

Law number 13 of 2003 concerning employment along with the implementation and not only regulating the use of Indonesian workersarrangements not only regulating the use of Indonesian not not only regulating the use of Indonesian workers, but also regulates the use of foreign workers. as stipulated in articles 42 to article 49 of law 13 of 2003 concerning employment. The working relationship between employers or employers and TKA is based on PKWT and for the sake of law it cannot become PKWTT, but in practice there are still many employers or employers who often misuse TKA to work in Indonesia continuously, so the main goal is to hire TKA which is basically the transfer of knowledge and technology cannot be carried out properly. And the main principle of hiring TKA is that it can only be employed in Indonesia in employment relations for certain positions and a certain time is not reached. Unfortunately, until now there have been no sanctions that can burden the employers or employers if they violate the PKWT so that the deviations from the provisions governing the use of foreign workers to date are still prevalent in Indonesia.

Analisis Kebijakan Penggunaan Tenaga Kerja Asing Di Indonesia (Dampak Dikeluarkannya Peraturan Presiden (Perpres) Nomor 20 Tahun 2018 Tentang Penggunaan Tenaga Kerja Asing)

The consequences of globalization and liberalization of trade and investment, have an impact on the number of Foreign Workers (TKA) working in Indonesia and to support the national economy and the expansion of employment opportunities through increased investment, the government issued Presidential Regulation (Perpres) Number 20 of 2018 concerning the Use of Labor Foreign. For this reason, this study aims to analyze the policy of using foreign workers in Indonesia as a result of the issuance of Presidential Regulation (Perpres) Number 20 of 2018 concerning the Use of Foreign Workers. The research method that I use is normative juridical. The results of this study, namely the use of foreign workers in Indonesia currently supported by the issuance of Presidential Regulation (Perpres) Number 20 of 2018 concerning the Use of Foreign Workers (TKA), will have a good impact on the development of investment from abroad to Indonesia. Because basically this Presidential Regulation aims to simplify the procedure for using foreign workers to increase investment, not to facilitate the requirements of foreign workers entering Indonesia. The more investors or investors investing in Indonesia, the more new jobs that can be opened.

Kisruh Regulasi Tenaga Kerja Asing Sebagai Kegagalan Komunikasi Publik Pemerintah

The development of information technology should be maximized by the government in establishing communication and information about policies taken by the government. Thus, good communication will be held in order to achieve the goals of the State without the social upheaval that arises in the community due to policies set by the government. One of the failures of government public communication is the government's failure to explain and socialize the Presidential Regulation Number 20 of 2018 concerning the Use of Foreign Workers who get responses to the pros and cons of all parties, both from the general public and from government opposition. The communication failure gave birth to multi-interpretation from various circles of society and government. Every government regulation or legal policy has functions and objectives in order to achieve the goals of the State. Conception The rule of law guarantees legal certainty, legal benefits and legal justice. The regulation on the use of foreign workers is one form of legal certainty in order to protect opportunities and employment opportunities for citizens of their own country. However, communication failures built by the government resulted in multi-interpretation of policies that were considered to provide convenience for foreign workers and complicate Indonesian employment opportunities.

THE PROBLEM OF THE SUPERVISION OF IMMIGRATION STAY LICENSES ON ILLEGAL FOREIGN LABOR WORKING IN FOREIGN CAPITAL INVESTMENT COMPANIES IN INDONESIA


 
 Abuse of Residence Permits by foreigners with the mode of using tourist visit visas often occurs, generally used in the context of working as a Foreign Worker in a Foreign Investment Company in Indonesia. This has led to a reduction in employment opportunities for Indonesian Migrant Workers in the country and a reduction in State income in terms of the use of Foreign Workers. Based on the facts in the field, the problem of misuse of Tourism Visit Stay Permits generally comes from the policy of Free Visa for Tourist Visits, this is a problem that over time is increasingly difficult to resolve, even more difficult to detect by law enforcement officials. The involvement of Indonesia in various international agreements that accommodate the ease of investment and the use of foreign labor, has made Indonesia increasingly fulfilled by investors and foreign workers. The problem of the use of foreign workers needs to be taken seriously by the government, especially in monitoring its activities while in Indonesia, so that the use of foreign labor can be beneficial for Indonesia. Giving ease of Visa Free in order to increase foreign exchange in tourism to foreigners who will enter Indonesia, of course, must be accompanied by supervision of their residence permit as a consequence of the ease of granting the Visa Free. In order for the practice of using foreign workers illegally by foreign investment companies, it can be minimized as early as possible
 
 

ASPEK HUKUM PEMERINTAHAN TERHADAP PENGGUNAAN TENAGA KERJA ASING DI INDONESIA DAN IMPLIKASINYA TERHADAP KEDAULATAN NEGARA

The effectiveness and urgency of the use of foreign workers in Indonesia is very effective and urgent to meet the needs of skilled and professional workforce in certain fields that can not be occupied by local workers and as a step in accelerating the process of national and regional development by accelerating the transfer of knowledge and technology and increase foreign investment in the presence of foreign workers as supporting development in Indonesia, although in reality companies in Indonesia, whether foreign or national private companies, must use the Indonesian experts themselves. The purpose of regulating foreign workers if viewed from the aspect of labor law is basically to guarantee and provide decent employment opportunities for Indonesian citizens in various fields and levels. So that in hiring foreign workers in Indonesia must be done through strict mechanisms and procedures starting with the selection and licensing procedures to supervision

Juridical review on recruitment of foreign workers

Manpower development is an integral part of national development based on Pancasila and the 1945 Constitution, which is implemented through the development of a reliable Indonesian workers for the realization of a prosperous Indonesian society. Manpower development must be fairly regulated so as to provide comprehensive protection for Indonesian workers. On March 26, 2018 President Jokowi signed the Presidential Regulation No. 20 of 2018 concerning Use of Foreign Workers, this regulation is considered to harm Indonesian workers. This research use a normative method and juridical approach with Theory of Popular Sovereignty by John Locke. Normative legal research is a research that discusses the legal aspect, by conducting library research in terms of comparative law or legal history oriented to the applicable laws and regulations. Based on Theory of Popular Sovereignty, Presidential Regulation 20 of 2018 contradictory to the Manpower Act especially about the Plan of Use of Foreign Workers. Even the regulation does not pay attention to the interests of the people to get a job and only prioritize the entry of investment to Indonesia.

Review of the Economic Legislation in December 2014

In December, the following main amendments were introduced in the legislation: quotas were replaced with patents for foreign workers who arrive in Russia on a visa-free basis; employers rights to establish associations have been expanded; from January 1, 2015 the minimum monthly wage increased; the procedure for employment and use of foreign workers in Russia has been upgraded.

EFFICIENCY AND PRODUCTIVITY OF SINGAPORE'S MANUFACTURING SECTOR 2001–2010: AN ANALYSIS USING BOOTSTRAPPED TRUNCATED APPROACH

This paper seeks to explain the lagging productivity in Singapore's manufacturing noted in the statements of the Economic Strategies Committee (ESC) Report 2010. Two methods are employed: the Malmquist productivity to measure total factor productivity (TFP) change and Simar and Wilson's (2007) bootstrapped truncated regression approach which first derives bias-corrected efficiency estimates before being regressed against explanatory variables to help quantify sources of inefficiencies. The findings reveal that growth in TFP was attributed to efficiency change with no technical progress. Sources of efficiency were attributed to quality of worker and flexible work arrangements while the use of foreign workers lowered efficiency.

The GCC’s Fixed Exchange Rate: A Major Anomaly for OCA Analysis

From the standpoint of traditional optimal currency area (OCA) analysis, the Gulf Cooperation Council (GCC) countries are a major anomaly. They successfully maintained pegged exchange rates among themselves for two decades while failing to meet a number of major OCA criteria. Contrary to the optimistic predictions of some of the most enthusiastic advocates of endogenous OCA analysis, intra-regional trade has remained low and there is little synchronisation of their business cycles or harmonisation of their fiscal positions. We argue that their success in operating a fixed rate regime has been due to a combination of high oil revenue, the heavy use of foreign workers and the limited extent to which their economies rely on market forces. These are conditions that are not met by most other countries.

Critical Issues and Possible Solutions for Motivating Foreign Construction Workers

A shortage of construction field workers has been a serious and chronic problem, both in developed and developing countries. As a solution to the increasing demands of the workforce, use of foreign workers has been a common practice for a country to gain laborers from nearby less-developed countries. While it can contribute to lessening the labor deficiency, foreign workers are typically less productive and often encompass diverse risks due to cultural differences, communication difficulties, and different work ethics and customs. Despite these facts, construction films do not address these issues and lag in establishing appropriate management strategies to improve the performance of foreign workers. This paper investigates key issues with respect to foreign laborers through a series of focused interviews and field surveys. Then, it draws the primary causes of low performance and presents effective general guidelines for improving foreign workers’ performance. The writers also provide an analysis of case studies in South Korea for motivating foreign workers in connection with the proposed practical guidelines.

Labor Importation and Unemployment of Local Workers in Taiwan

Since the 1990s the labor market in Chinese Taipei has seen increasing employment of foreign workers vis-à-vis increasing local unemployment. The situation has sparked policy debates and calls for restricting the importation of foreign workers. Do foreign workers take away jobs from domestic workers? To what extent can domestic unemployment be attributed to labor importation? Who are the domestic workers affected by labor importation? These questions were explored using data from the 1996–99 Manpower Utilization Surveys. The study found that on the whole, there is no distinct relationship between labor importation and domestic unemployment. However, foreign labor does have a positive influence on employment for managerial/professional workers and a negative effect for the semi- and less-skilled construction workers. The use of foreign workers seems to affect domestic unemployment in sectors which are foreign labor-intensive sectors such as electronics and construction. Foreign workers do not complement domestic workers in managerial and professional occupations in foreign labor-intensive industries. The complementary effect becomes evident when all industries are considered in the model.