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All Journal JURNAL HUKUM International Journal of Education, Vocational and Social Science
Indriyasari, Indriyasari
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Religion Humanities Decision Sciences, Operations Research & Management Education Languange, Linguistic, Communication & Media Social Sciences Other

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Dynamics Of Legal Protection Of Foreign Workers In The Era Of Globalization In Indonesia Mashari, Mashari; Retno Mawarini Sukmariningsih; Indriyasari, Indriyasari; Sriyanti, Sriyanti; Imam Subiyanto; Tubagus Achmad Darodjat
International Journal of Education, Vocational and Social Science Vol. 3 No. 04 (2024): November, International Journal of Education, Vocational and Social Science( I
Publisher : Cita konsultindo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63922/ijevss.v3i04.1247

Abstract

The purpose of this study is to analyze the legal protection of Foreign Workers (TKA) which is difficult to avoid due to investment activities in the context of national development and for the mastery and transfer of technology as a continuous and ongoing process so that it is possible to use TKA, in addition to the lack of Indonesian Migrant Workers (TKI) who are experts and skilled to replace TKA. The problems in this study include: Regulation of TKA in the era of globalization , and the dynamics of legal protection of Foreign Workers in the era of globalization in Indonesia . The research method uses a normative legal research type, a study that uses secondary data and primary data. The results of the study show that: First, the regulation of foreign workers in the era of globalization in Indonesia has been regulated in Government Regulation Number 34 of 2021 concerning the Use of Foreign Workers, and Law Number 6 of 2023 concerning Job Creation in licensing foreign workers made easier . Second, the dynamics of legal protection of foreign workers in the era of globalization in Indonesia Based on the work agreement, foreign workers also receive social security as regulated in Article 1 number 4 of Law Number 24 of 2011, which in essence stipulates that social security participants are every person, including foreigners who work for at least 6 (six) months in Indonesia and are required to be provided with protection through national social security. Government policy has removed several regulations that hinder investment progress through deregulation of foreign worker use policies to increase foreign investment in Indonesia.
Foreign Worker Employment in Indonesia: Balancing Investment, Knowledge Transfer, and Local Labor Protection Mashari, Mashari; Indriyasari, Indriyasari; Sriwati, Endah; MD Said, Muhamad Helmi
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.3.694-721

Abstract

This study examines Indonesia’s legal system for employing foreign workers, with a focus on how well it balances economic growth, protection of local workers, and national security. Using a normative juridical approach, it reviews main regulations such as the Immigration Law, the Manpower Law, and Government Regulation Number 34 of 2021. The research finds that the Foreign Worker Utilization Plan is an important tool, but its implementation is weak because of a lack of labor inspectors, poor coordination between institutions, and light sanctions. Although reforms like the Job Creation Law were introduced to make the process easier and attract investment, there are still conflicts between new and old rules, as well as limited public involvement. The study also shows that while foreign workers can support knowledge transfer, their long-term stay and work in low-skilled jobs often reduce opportunities for local workers. To solve these problems, the research suggests creating a stronger supervisory system that includes preventive, persuasive, and repressive measures, better coordination between institutions, and stricter penalties. These steps would help ensure that employing foreign workers benefits the economy while also protecting local workers and national interests.
Co-Authors Imam Subiyanto mashari . Md Said, Muhamad Helmi Retno Mawarini Sukmariningsih Sriwati, Endah Tubagus Achmad Darodjat Yanti Sri Rejeki