LEGAL PROTECTION OF FOREIGN WORKERS IN INDONESIA POST THE ISSUANCE OF PRESIDENTIAL REGULATION NUMBER 20 OF 2018 CONCERNING THE USE OF FOREIGN WORKERS
Ida Bagus Gumilang Galih Sakti

Doctoral Program in Law, Warmadewa University, Denpasar, Bali.

Abstract

The use of foreign workers in Indonesia is increasingly in demand by companies. Facing shifts in values and the way of life of industry and trade actors, labor inspection is required to be able to take anticipatory steps and be able to accommodate all developments that occur. Therefore, improvements to the labor inspection system must continue to be carried out so that the laws and regulations can be implemented effectively by industry and trade players. Thus, labor inspection as a system carries out the mission and function so that the laws and regulations in the field of manpower can be enforced. In this paper, there are two main issues that will be investigated, namely, how is the legal protection for foreign workers in Indonesia after the issuance of Presidential Regulation No. 20 of 2018 concerning the Use of Foreign Workers and how to set sanctions for employers who violate the provisions of positions that are allowed for foreign workers. With a normative juridical case approach method which is carried out through an assessment of the laws and regulations, using a legal concept approach. This study aims to analyze how the legal protection of foreign workers in Indonesia after the issuance of Presidential Regulation No. 20 of 2018 concerning the Use of Foreign Workers. As well as to analyze the sanctions arrangements that can be given by the government to employers who violate the provisions of positions that are allowed for foreign workers, both in terms of administrative sanctions and criminal sanctions based on positive law in force in Indonesia.

Keywords: Legal Protection, Foreign Workers, Presidential Regulation, Labor

Topic: Law on Licences and Labor