REKONSEPSI PENGAWASAN TENAGA KERJA ASING SEBAGAI EKSISTENSI KEDAULATAN NEGARA

Abstract

Labors are essentially the main pillar in economic development within the wheels of government. As a form of optimizing the role of labors in Indonesia, the government presenting policies on the use of foreign labors in order to create the effectiveness and efficiency of the national economic development. The role of the government in the context of utilizing the use of foreign labors for the development of local labors is carried out by the mechanism of knowledge transfer and technology transfer. In the manners of seeing the huge potential of foreign labors in Indonesia, the government accommodates by presenting Act Number 13 of 2003 concerning about Labors, Presidential Regulation Number 20 of 2018 concerning The Use of Foreign Labors. Although there have been several regulations existed, anomaly occur when the rapid use of foreign labors is not matched with the government’s strict control and supervision. These problems including the incompatibility of positions that are limited by legislation, the length of work that exceeds the contract limit and the lack of clarity in the preparation until the ratification of the RPTKA (Foreign Labor Placement Plan) which results in discrimination against local labors. Such practices will erode the ideas and goals of the nation in creating prosperity in the scope of employment. Based on this research, it can be concluded that the absence of foreign labor inspection institution could have implications for the eradication of the rights of local labors.