scholarly journals Pengawasan Penggunaan Tenaga Kerja Asing Di Sumatera Barat

2021 ◽  
Vol 5 (1) ◽  
pp. 30-48
Author(s):  
Lerri Pattra
Keyword(s):  
Foreign Workers ◽  
Decent Work ◽  
Economic Community ◽  
Employment Opportunities ◽  
Right To Work ◽  
High Unemployment Rate ◽  
Human Need ◽  
The Republic ◽  
Asean Economic Community ◽  
The Right

The Republic of Indonesia was founded, the Indonesian people have realized that work is a human need for citizens. This is stated and mandated in Article 27 paragraph (2) of the 1945 Constitution which states that "Every citizen has the right to work and a living that is decent for humanity". This has implications for the state's obligation to facilitate citizens to obtain decent work for humanity. However, recently the use of foreign workers has become one of the main issues in Indonesia. Foreign workers are foreign nationals holding visas with the intention of working in Indonesian territory. Constitutionally, the use of foreign workers in Indonesia is regulated in Law no. 13/2003 concerning Manpower and strengthened by Law no. 25 of 2007 concerning Investment. Thus the use of foreign workers cannot be avoided because it is constitutionally very possible. Another factor that influences the presence of foreign workers in Indonesia is the agreement of the ASEAN Economic Community (AEC) which began in 2015. This has provided opportunities for the free use of foreign workers for the ASEAN region. What has always been a problem is the high unemployment rate caused by the lack of employment opportunities for Indonesian citizens.

scholarly journals Perlindungan Hukum Terhadap Tenaga Kerja Asing Berdasarkan Asas Kepastian dan Keadilan

2019 ◽  
Vol 2 (3) ◽  
pp. 558-570
Author(s):  
Moch Thariq Shadiqin
Keyword(s):  
Legal Protection ◽  
Foreign Workers ◽  
Transfer Of Knowledge ◽  
Employment Relations ◽  
Legal Certainty ◽  
Right To Work ◽  
Decent Life ◽  
Approach Method ◽  
The Republic ◽  
The Right

The use of foreign workers in Indonesia is increasingly in demand by companies. The Ministry of Manpower of the Republic of Indonesia (Kemnaker) noted that throughout 2016 there were 74,183 TKA in Indonesia). The Foreign Workers are to meet the needs, skilled and professional workforce in specific fields that cannot yet be filled by workers, Indonesia and to encourage the transfer of knowledge and technology. With the normative juridical case approach method, this study conducted to analyze how legal certainty and justice related to regulation. The 1945 Constitution of the Republic of Indonesia states that every citizen has the right to work and a decent life. Consequently, citizens have the right to receive compensation and fair treatment in employment relations and the state has the constitutional responsibility to guarantee the fulfilment of the right to work (TKI) and Foreign Workers (TKA) to create legal certainty and legal protection between them.Keywords : Legal Protection, Foreign workers, Principle of Certainty and Justice. AbstrakPenggunaan tenaga kerja asing di Indonesia semakin banyak diminati oleh perusahaan. Kementerian Ketenagakerjaan Republik Indonesia (Kemnaker) mencatat bahwa sepanjang tahun 2016 terdapat 74.183 TKA di Indonesia. Tenaga Kerja Asing tersebut adalah untuk   memenuhi kebutuhan, tenaga kerja yang terampil dan professional di bidang tertentu yang belum dapat diisi oleh tenaga kerja, Indonesia serta mendorong alih ilmu dan teknologi. Dengan metode pendekatan kasus yang bersifat yuridis normative, penelitian ini dilakukan untuk menganalisis tentang bagaimana kepastian dan keadilan hukum terkait regulasi. Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 menyebutkan bahwa setiap warga negara berhak atas pekerjaan dan hidup yang layak. Konsekuensinya, warga negara berhak untuk mendapat imbalan dan perlakuan yang adil dalam hubungan kerja dan negara memiliki tanggung jawab konstitusional untuk menjamin terpenuhinya keseimbangan hak atas pekerjaan Tenaga Kerja (TKI) dan Tenaga Kerja Asing (TKA) guna tercipta perlindungan kepastian dan keadilan hukum di antara keduanya.Kata Kunci : Perlindungan Hukum, Tenaga Kerja Asing, Asas Kepastian dan Keadilan.

scholarly journals Kepastian Hukum Pengaturan Penggunaan Tenaga Kerja Asing di Indonesia

Lentera Hukum ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 367
Author(s):  
Risky Vista Puspitasari ◽  
Aries Harianto ◽  
Ida Bagus Oka Ana
Keyword(s):  
Migrant Workers ◽  
Foreign Workers ◽  
Employment Relations ◽  
Legal Certainty ◽  
Right To Work ◽  
Foreign Labor ◽  
Professional Workers ◽  
Decent Life ◽  
The Republic ◽  
The Right

The 1945 Constitution of the Republic of Indonesia states that every citizen has the right to work and a decent life. Consequently, citizens have the right to receive rewards and fair treatment in employment relations and the state has a constitutional responsibility to guarantee the fulfillment of the right to work of migrant workers and foreign workers to create protection and legal certainty between them. Meanwhile, the national labor law and government regulations regulate foreign workers including only professional workers. In fact, foreign workers working in Indonesia are not only professional workers but also unskilled laborers. This is due to the enactment of changes to the regulation of the use of foreign labor which frees and tightens foreign workers who work in Indonesia. Keywords: Foreign Workers, Supervision, Legal Certainty of Foreign Workers

TYPES OF OVERWORK AND JOBS THAT CANNOT BE OVERWORKED WITHIN THE FRAMEWORK OF THE LABOR LAW NO. 4857

2021 ◽  
Vol 6 (14) ◽  
pp. 67-81
Author(s):  
Altuğ YENGİNAR
Keyword(s):  
Labor Law ◽  
Working Hours ◽  
Human Right ◽  
International Human Rights ◽  
Right To Work ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Almost All ◽  
Republic Of Turkey

The right to work has been recognized as a fundamental human right in almost all international human rights documents and in the constitutions of many countries. This right has been recognized and guaranteed as a fundamental human right also in the Constitution of the Republic of Turkey. However, not only recognizing and guaranteeing "work" as a fundamental human right but also regulating its implementation and functioning within the framework of laws is of great importance. The concept of overwork is a concept that has been mentioned in the Labor Law regarding the implementation and functioning of the concept of work and it is regulated in our Labor Law No. 4857. In order to talk about overwork, a limited working time is required. In this context, upon determining the maximum number of hours a worker can work per week by drawing a limit on working hours in Labor Law No. 4857, overwork, which is the subject of work exceeding this period, is defined. Furthermore, the types of overwork that arise depending on the reasons for overworking, as well as the jobs that cannot be overworked, are regulated in the same Law.

scholarly journals Study of Omnibus Law on the Legal Politics of the Indonesian Government in Using Foreign Workers

2020 ◽  
Vol 3 (2) ◽  
pp. 143-152
Author(s):  
B. Woeryono
Keyword(s):  
Industrial Revolution ◽  
Employment Law ◽  
Foreign Workers ◽  
Economic Community ◽  
Employment Creation ◽  
Indonesian Government ◽  
Asean Economic Community

The Employment Law Cluster in the field of foreign workers, as summarized in the Employment Creation Law, as a result of the Omnibus Law method, is very important to implement because the existing regulations have become chronically obese, obese rules but many hinder investment, so that development and progress of the Indonesian state is hampered, even though Indonesia has declared that it is part of the ASEAN Economic Community (MEA) and is on the line of the 4.0 Industrial Revolution.

Education’s Failed Promise

2017 ◽  
Author(s):  
Keesha M. Middlemass
Keyword(s):  
Educational Achievement ◽  
Public Policies ◽  
Educational Policies ◽  
Vocational Schools ◽  
Vicious Cycle ◽  
Employment Opportunities ◽  
Right To Work ◽  
Large Numbers ◽  
The Right

Felons are characterized as a hard-to-employ population who have limited educational achievement, so large numbers of them remain unemployed. This chapter explores educational policies inside and outside of prison, and how the expansion of statutory limitations and tough-on-crime policies prevents prisoners and reentering felons from securing funds to go to school. Participants were unable to go to school when they were imprisoned, and upon coming home are pressured to get a job by parole and/or family rather than to go to school; however, most are denied employment opportunities due to statutory restrictions denying felons the right to work. As a result, individuals view education as a nonstarter, and this chapter argues that as a result of public policies, a vicious cycle develops as felons remain undereducated and unable to secure funds needed to get their GED or attend vocational schools, so they resort to criminal activities to live.

scholarly journals The Importance of Multicultural Education in Schools in the Era of ASEAN Economic Community

2017 ◽  
Vol 13 (4) ◽  
pp. 78 ◽  
Author(s):  
Imron Arifin ◽  
Agustinus Hermino
Keyword(s):  
Multicultural Education ◽  
Human Resource Development ◽  
Learning Needs ◽  
Economic Community ◽  
Human Right ◽  
Knowledge Based Economy ◽  
Internalization Process ◽  
Asean Economic Community ◽  
The One ◽  
The Right

The purpose of this paper is to provide an understanding importance of multicultural education for students in the schools relate with diversity in the era of Asean Economic Community. The ASEAN, which groups eleven countries, is a very diverse region, with different dynamics that are owned by their respective countries, particularly when associated with education. Diversities can be seen from the many islands, ethnicity, culture, language and religion. Regardless all those differences, these eleven countries share a similar emphasis on human resource development as a key in developing the whole nation to enter the knowledge-based economy and global environment. Pluralism that is the one of the power and uniqueness in the ASEAN Economic Community that can be interpreted as diversity in unity. Diversity, on the one hand is a blessing, because it actually reflects the diversity of the wealth of cultural treasures. But on the other hand, diversity is also great potential for growing proliferation of conflicts, particularly if such diversity is not able to run well. To build the ASEAN community who recognize and appreciate the differences required processes and better understanding through relevant education. Education, as a fundamental human right, is considered very important and strategic for developing their human resources. The right to education imposes an obligation upon countries to ensure that all children and citizens have opportunities to meet their basic learning needs. Promoting quality and equity education is a common policy for countries regardless their different levels of development. Herein lies the importance of multicultural education. Multicultural education becomes strategic for ASEAN nations to be able to manage the plurality creatively, and can be interpreted as an internalization process of values in educational institutions.

scholarly journals Wilcoxon Analysis to Compare the Open Unemployment Rate Before and After the Implementation of ASEAN Economic Community (EAC) In Indonesia

2019 ◽  
Vol 10 (1) ◽  
pp. 151-157
Author(s):  
Novalia Novalia ◽  
Nur’aeni Nur’aeni ◽  
Husna Purnama ◽  
Indriyani Indriyani
Keyword(s):  
Unemployment Rate ◽  
Economic Community ◽  
Job Seekers ◽  
Employment Opportunities ◽  
Significant Difference ◽  
Before And After ◽  
Asean Economic Community

The implementation of the EAC should be seen positively since it opens the opportunities for job seekers in Indonesia to have a career abroad. With varied employment opportunities, it is expected that the open unemployment rate in Indonesia will decline. The purpose of this study is to compare the level of open unemployment rate in Indonesia before and after the implementation of the ASEAN Economic Community (EAC) using Wilcoxon Analysis. This research is quantitative. Wilcoxon analysis is used to compare the open unemployment rate in Indonesia before and after the EAC is implemented. The result shows that there is no significant difference between the average open unemployment rate before and after the implementation of EAC.  

scholarly journals Revisiting English for Specific Purposes (ESP) in Indonesian Vocational High School (VHS): A Current Situation in Curriculum 2013

2018 ◽  
Vol 9 (2) ◽  
Author(s):  
Annisa Ratna Purwanti
Keyword(s):  
Course Design ◽  
Document Analysis ◽  
English For Specific Purposes ◽  
Learning Assessment ◽  
Foreign Workers ◽  
Vocational High School ◽  
Economic Community ◽  
K 13 ◽  
Asean Economic Community ◽  
A Current

This qualitative study tries to revisit the concept of ESP in VHS under the latest curriculum applied in Indonesia; curriculum 2013 or K-13.  The researcher discovers current issues and several suggestions of ESP in Indonesian VHS context. Theoretically, English in VHS should employ ESP approach, but practically, it tends to be more general. The vague concept of ESP in the Indonesian VHS is one of the reasons in developing this study. On the other hand, government with its purpose of AEC (ASEAN Economic Community) eagers to make VHS students ready to work to compete with the foreign workers. However, since the implementation of K-13, English in VHS tends to have more general topics rather than in the previous curriculum (KTSP; curriculum 2006). As a result, it makes the concept of ESP in VHS more vague. The result of document analysis and observation, the researcher found several issues dealing with ESP. They are issues in course design, ESP teachers, ESP objectives, approach, and materials, and also learning assessment. Considering the major issues dealing with ESP in VHS, several countermeasures about redesign of ESP teaching in Indonesian VHS were suggested by the researcher.

scholarly journals Transposition of the Acquis communautaire on information and consultation of employees into the legislation of the Republic of Moldova

2021 ◽  
pp. 211-216
Author(s):  
Teodorina Goriuc ◽  
Keyword(s):  
General Situation ◽  
Work Unit ◽  
Acquis Communautaire ◽  
Association Agreement ◽  
Republic Of Moldova ◽  
Right To Work ◽  
The Republic ◽  
The Individual ◽  
The Right ◽  
Made In

Informing and consulting employees, either on the general situation of the community within the work unit, or on the particular requirements and circumstances of the execution of work by the individual is an indispensable guarantee of the proper realization of the right to work. The normative changes made in recent years, following the signing of the Association Agreement and the establishment of harmonization priorities in the acquis communautaire, serve indispensable to create a formal and procedural climate sufficient for the proper exercise of the fundamental right to work and association in labor interests. Considerably the normative gaps capable of limiting their exercise.

scholarly journals Prohibition on practicing a profession, activity or duty in the criminal law of Republic of Serbia

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Darko Dimovski ◽  
Ivan Milić
Keyword(s):  
Criminal Law ◽  
Basic Principle ◽  
Labor Law ◽  
Human Right ◽  
Protective Measures ◽  
Criminal Sanctions ◽  
Right To Work ◽  
Specific Activities ◽  
The Republic ◽  
The Right

As a basic principle, the "right to work" is guaranteed under the Constitution of the Republic of Serbia. This human right is further elaborated primarily in the Labor Law, but also in other laws that stipulate the conditions for the establishment, exercise and termination of employment. This paper emphasizes the possibility of restricting both natural and legal persons, including entrepreneurs, to practicing a particular profession, activity or duty, resulting from the imposition of criminal sanctions. The security and protective measures in the criminal law of the Republic of Serbia prohibiting the practice of specific activities are also emphasized. One of the aims is to point out the consequences of the measures imposed, which are often more severe than the sentence itself.

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