Unions Call the Presidential Regulation on Foreign Workers Unlawful

INDUSTRY.co.id - Jakarta - Secretary General of All Indonesian Workers Organization (OPSI), Timboel Siregar assess the ease of foreign worker permit (TKA) through Presidential Regulation No. 20 of 2018 is illegal. This is because a lot of poid in beleid is contrary to the basic rule that is, Law No. 13/2003 on Manpower.

Timboel Siregal in its official statement on Friday (6/4/2018) mentions Article 10 of the Regulation of the President of TKA which states that the approval of Foreign Workers Plan (RPTKA) is not needed for foreign shareholder, diplomatic officer, and job type required by the government. In fact, article 43 of the Manpower Law calls the employers to have RPTKA approval.

In addition, Article 42 of the Manpower Act also requires that every foreign worker have written permission from the Ministry of Manpower. "So, the work permit of TKA is automatic, this rule should not be violated by the Presidential Regulation, but in fact, this rule appears in the Presidential Regulation," he said.

He did not stop at RPTKA, he also highlighted article 22 of the Presidential Regulation which was signed by President Joko Widodo. The article mentions TKA can use the type of temporary residence visa (vitas) as a work permit for things that are abrupt. Vitas is an absolute requirement for foreign workers to obtain temporary residence permit issued by the Ministry of Law and Human Rights.

In other words, now the approval of foreign workers to enter Indonesia can be through two doors, namely the Ministry of Manpower and the Ministry of Justice and Human Rights. In fact, according to the Manpower Act, permits may only be granted by the Ministry of Manpower.

"So, indeed if seen in substance, there is a violation of the previous rule, the Employment Act," added Timboel.

Because it is contrary to the constitution, he said that the Presidential Decree of permit permit is prone to be sued to the Supreme Court (MA). Moreover, so far the reason the government to relax the permits of foreign workers for investment is considered an old song.

He remembers once, when Act No. 13 of 2003, the government reasoned to increase investment. Then, when Presidential Regulation No. 72 of 2014 was issued about the extension of expatriate labor, the reasons that the government found again on the basis of investment.

With repeatedly the rules of this TKA changed, it can be concluded that the difficulty of foreign workers is not a culprit of investment growth.