The Implication of Juridical and Sociological Existence of Foreign Labor in Indonesia

Ibnu Affan

2018

Abstract

The multilateral relationship of our country to the countries of the world in the current era of globalization has opened the tap for the entry of foreign workers (TKA) in Indonesia. The use of foreign workers cannot be avoided, but in principle the use of foreign workers are those that are needed in 2 (two) terms: those who bring capital (as investors) and/or bring skills for transfer of knowledge or transfer of technology transfer of technology). In addition to these two things, in essence, it is not allowed. If we observe the laws and regulations governing foreign workers in Indonesia, then the entry of foreign workers in our country is not necessary to worry about. Our regulations have restricted the use of foreign workers only in working relationships for certain positions and at certain times of the year. Therefore, the government has issued a number of legal instruments ranging from licensing, health protection coverage to the supervision. Departing from that, when there are foreign workers who enter Indonesia do not follow the applicable legal procedures, they can be qualified as illegal foreign workers. Juridical implications for illegal foreign workers not only affect the foreign workers themselves, but also have legal implications for employers. The Manpower Act (UUK) has affirmed criminal sanctions to the employer as regulated in Articles 185 and 187 of the Manpower as well as administrative sanctions in accordance with the provisions of Article 190 of the UUK. The presence of foreign workers in the national economy of a country is sociologically also intended to create competencies which in turn will create efficiency and increase economic competitiveness. Thus there is no other way our labor should be ready to compete in the midst of global markets. Increased competence becomes the absolute thing to win the competition in the labor market.

Paper Citation

in Harvard Style

Affan I. (2018). The Implication of Juridical and Sociological Existence of Foreign Labor in Indonesia.In Proceedings of the 7th International Conference on Multidisciplinary Research - Volume 1: ICMR, ISBN 978-989-758-437-4, pages 367-373. DOI: 10.5220/0008885303670373

in Bibtex Style

@conference{icmr18,
author={Ibnu Affan},
title={The Implication of Juridical and Sociological Existence of Foreign Labor in Indonesia},
booktitle={Proceedings of the 7th International Conference on Multidisciplinary Research - Volume 1: ICMR,},
year={2018},
pages={367-373},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0008885303670373},
isbn={978-989-758-437-4},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 7th International Conference on Multidisciplinary Research - Volume 1: ICMR,
TI - The Implication of Juridical and Sociological Existence of Foreign Labor in Indonesia
SN - 978-989-758-437-4
AU - Affan I.
PY - 2018
SP - 367
EP - 373
DO - 10.5220/0008885303670373