Foreign Workers Status in Indonesian Labor Law

International Journal of Research and Innovation in Social Science (IJRISS) | Volume IV, Issue VI, June 2020 | ISSN 2454–6186

Foreign Workers Status in Indonesian Labor Law

Sukhebi Mufea

Doctor of Law Program, Universitas Jayabaya, Jakarta-Indonesia

Abstract— The background of this research is the issue of foreign workers’ status in Indonesia. The issue that occurred i.e. within the dispute of industrial relationships related to the layoff of the foreign workers by the enterprise. The legal status of such foreign worker, whether the foreign workers constitute permanent workers or casual workers. In addition, about the compensation of the laying off policy that should be received by the foreign workers. Both legal issues occurred because the Act No. 13 of 2003 and its implementation rules did not rule clearly and specifically about the Fixed Term Employment Contract for foreign workers. This research is doctrinal research, based on the normative juridical research method which constitutes theoretical approach through literature study over the applied constitution i.e. Act No 13 of 2003 about Employment especially the one regulating the protection for foreign workers in terms of justice as well as other constitution regulating about foreign workers.

Keywords:employment relationship, manpower, resources, justice

I. INTRODUCTION

Foreign Workers in Indonesia seen from its development has been a common phenomenon[1]. The background of the occurrence of Foreign Workers in Indonesia has shifted along with the change of time and the need of National labor market. Indonesia has had legal foundation to rule the limitation of the existence of Foreign Workers, i.e. by the issuance of Act No. 13 in 2003 about Manpower and its implementation rules.
Philosophically, the employment of Foreign Workers in Indonesia had been aimed as a means to transfer technology and skill from the Foreign Workers to the local workers[2]. The limitation of the employment of Foreign Workers was also limited to certain position and within certain period of time.
In hiring Foreign Workers, business owners were also limited by several terms and condition. Business owners were demanded to have Plan of Foreign Workers Employment (RPTKA)[2]. The definition of such plan (RPTKA) is a preliminary document that must be prepared by employers containing a plan to employ Foreign Workers in certain position within certain period of time and it must be authorized by designated minister or officials[3]. Such Plan of Foreign Workers Employment (RPTKA) is used as the foundation to obtain a permit to hire foreign workers (IMTA)[4].

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