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The Boundaries of Implementing a Limited Right to Work for Foreign Refugees in Indonesia Gede Yudi Sutrisna; Dewa Gede Sudika Mangku; Ni Putu Rai Yuliartini
Conference on Business, Social Sciences and Technology (CoNeScINTech) Vol. 6 No. 1 (2026): Conference on Business, Social Sciences and Technology (CoNeScINTech) - Article
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/conescintech.v6i1.12720

Abstract

The employment ban on foreign refugees in Indonesia triggers protracted refugee situations, resulting in socioeconomic vulnerabilities. The concept of granting a limited right to work has emerged as a humanitarian solution; however, its implementation is constrained by various legal boundaries and state sovereignty. This study aims to analyze the juridical restrictions on implementing a limited right to work for foreign refugees in Indonesia and to formulate an ideal framework that balances humanitarian commitments with the protection of the domestic workforce. Utilizing a normative juridical research method with a statute approach and a comparative approach, this study examines the harmonization between Presidential Regulation No. 125/2016 and national labor regulations. The results indicate that the primary obstacles to implementing a limited right to work in Indonesia stem from the lack of legal status for refugees as official Foreign Workers and the protectionism of the local job market under the Labor Law. This study concludes that a limited right to work can be implemented in Indonesia under strict conditions, including sector restrictions (limited to the informal sector or self-reliant creative economies), geographic boundaries, and a temporary nature during the resettlement waiting period. The government needs to adopt specific discretionary regulations to legalize this limited work scheme without compromising the economic rights of local citizens.