Articles of Business and Banking Law
FOREIGN WORKERS IN INDONESIA: POLICY AND IMPLEMENTATION
The development of globalization encourages the movement of capital and investment flows to various parts of the world, there is also population migration or labor movements between countries. The labor movement takes place because investments made in other countries generally require direct supervision by the owner/investor. In line with that, in order to maintain business continuity and investment. To avoid legal problems and excessive use of foreign workers, the Government must carefully determine the policies to be taken in order to maintain a balance between foreign workers (foreign capital) and domestic workers.
Realizing the fact that so far Indonesia still needs foreign investors, as well as the influence of globalization of civilization where Indonesia as a WTO member country must open up opportunities for the entry of foreign workers. To anticipate this, it is hoped that there will be complete regulations governing the requirements of foreign workers, as well as securing the use of foreign workers. These regulations must regulate the basic aspects and forms of regulations that regulate not only at the Ministerial level, with the aim of selectively using foreign workers while still prioritizing TKI.
Therefore, in employing foreign workers, it is carried out through very strict mechanisms and procedures, especially by making it mandatory for companies or corporations that use foreign workers to work in Indonesia by making plans for the use of foreign workers (RPTKA) as regulated in Ministerial Regulation Number PER. .02/MEN/III/2008 concerning Procedures for Employment of Foreign Workers.
B. NATIONAL REGULATION REGARDING FOREIGN WORKERS
1. Presidential Decree Number 75 of 1995 concerning the Use of Migrant Migrant Workers (TKWNAP)
In contrast to the Manpower Act which uses the term foreign workers against foreign nationals holding visas with the intention of working in the territory of the Unitary State of the Republic of Indonesia (NKRI), Presidential Decree Number 75 of 1995 concerning the Use of Migrant Migrant Workers (TKWNAP), using the term migrant foreign nationals, namely foreign national workers who have a limited stay visa or limited stay permit or permanent permit for the purpose of working (doing work) from within the territory of the Republic of Indonesia (Article 1 point 1). The term TKWNAP is considered inappropriate, because a foreign worker not only comes (as an immigrant) from outside the territory of the Republic of Indonesia but is soli or ius sanguinis ).
In principle, Presidential Decree Number 75 of 1995 concerning the use of migrant foreign nationals requires prioritizing the use of Indonesian workers in the fields and types of work available unless there are fields and types of work open that have not been or are not fully filled by Indonesian workers. then the use of migrant foreign nationals is allowed up to a certain time limit (Article 2). This provision hopes that Indonesian workers will be able to adopt the skills of the foreign workers concerned and implement them themselves without having to involve foreign workers. Thus, the use of foreign workers is carried out selectively in the context of optimally utilizing Indonesian workers.