LEGAL REVIEW OF THE USE OF FOREIGN WORKERS WITH THE EFFECTIVENESS OF PRESIDENTIAL REGULATION NUMBER 20 OF 2018 CONCERNING THE USE OF FOREIGN WORKERS

Abstract

In fact, the Republic of Indonesia prioritizes the placement of domestic workers rather than foreign workers according to the mandate of the Constitution Article 27 paragraph (2). In fact, the existence of foreign workers is still needed in relation to investment in various sectors that require technology and special skills that cannot yet be met by Indonesian workers. The problem is that foreign workers enter sectors that do not require special skills, even though many unskilled workers are unemployed. The Job Creation Law cuts the licensing process for the use of foreign workers and eliminates several criminal sanctions and/or replaces them with administrative sanctions for violations of foreign worker use norms. Legal sanctions for violations of the use of foreign workers after the Job Creation Law are provisions on criminal sanctions for violations of the use of foreign workers are removed and/or changed by the Job Creation Law to administrative sanctions. Supervision of the use of foreign workers in Indonesia and its obstacles are the number of foreign labor supervisors that are not comparable to the number of foreign workers working in the company, complicated foreign labor licensing procedures that cause many companies to use foreign workers illegally and the absence of evaluation after the use of foreign workers.