scholarly journals Regulating Foreign Labor in Emerging Economies: Between National Objectives and International Commitments

2021 ◽  
Vol 10 (3) ◽  
pp. 384
Author(s):  
Aries Harianto
Keyword(s):  
Emerging Economies ◽  
Domestic Workers ◽  
Comparative Approach ◽  
Foreign Workers ◽  
Conceptual Approach ◽  
Critical Studies ◽  
Labor Regulations ◽  
International Commitments ◽  
Foreign Labor

The dialectics of the regulation of foreign workers, is a problematic indication as a legal problem in Indonesian legislation. This article aims to describe the urgency of critical studies concerning the regulation of foreign workers by exploring existing legal problems with national commitments to ratify international agreements regarding free trade, with a case study in Indonesia. By using normative and juridical approach with a variety of approaches both the law approach, conceptual approach, case approach and comparative approach, the study found that the regulation there is an inconsistency clause regarding special competencies that must be owned by foreign workers, including the selection and use of terminology in Act No. 13 of 2003 concerning Manpower. Thus, this study offers a constitutional solution due to the regulation of the subordinate foreign workers on international trade commitments which in turn negate the constitutional goals of creating the welfare of domestic workers. The normative consequences that immediately bind Indonesia after integrating itself in the World Trade Organization (WTO) membership are services trade agreements that are contained in the regulations of the General Agreement on Trade in Services (GATS). Based on the GATT/WTO rules, national legislation or labor regulations that are too protective are considered to violate WTO provisions because the WTO substantially requires the creation of policies without discrimination in all matters including equalizing the position of foreign workers and domestic workers. The final finding of this study offers to draft the concept of future regulation regarding the regulation of foreign workers who are loaded with elements of the objectives of constitutional-based law.   Received: 25 September 2020 / Accepted: 9 April 2021 / Published: 10 May 2021

scholarly journals DINAMIKA PENGATURAN TENAGA KERJA ASING DI INDONESIA

2021 ◽  
Vol 15 (1) ◽  
pp. 1-18
Author(s):  
Riza Fauziah Djazuli
Keyword(s):  
Unemployment Rate ◽  
Labor Law ◽  
Legal Protection ◽  
Domestic Workers ◽  
Legal Aspects ◽  
Employment Law ◽  
Foreign Workers ◽  
National Responsibility ◽  
Foreign Labor ◽  
Work Relationship

AbstractThe unemployment rate in Indonesia has soared high enough since August 2020 with a total of 9,77 million person, while data on foreign labor recorded in 2020 amounted to 98.902 person. From this data, foreign workers from China rank first, namely 35,781 people or the equivalent of 36.17%. The research purposes are, firstly, to analyze the legal aspects of foreign labor in terms of national responsibility which is closely related to Article 27 verse (2) of the Constitution of 1945; secondly, to analyze the efforts to protect Indonesian employment law in terms of the national responsibility which is closely related to Article 27 verse (2) of the Constitution of 1945. This research used descriptive analytical method with normative juridical approach. Aspects of foreign employment law in terms of national responsibility are seen in the regulation of the control of foreign labor which can only be done in a work relationship for a certain time. Even though this needs to be emphasized regarding legal protection and social welfare insurance like domestic workers. In addition, in terms of supervision of foreign workers, there should be no imbalance in rights and obligations between foreign workers and domestic workers.. Efforts to protect Indonesian labor law in terms of the national responsibility can be seen in the implementation of efforts to educate and train domestic labor in order to improve competency standards that are able to compete with foreign labor.AbstrakAngka pengangguran di Indonesia melonjak cukup tinggi terhitung sejak Agustus 2020 dengan jumlah 9,77 juta orang, sementara data Tenaga Kerja Asing (TKA) pada tahun 2020 tercatat berjumlah 98.902 orang. Berdasarkan data tersebut, TKA yang paling banyak di Indonesia berasal dari Negara China yaitu 35.781 orang atau setara 36,17%. Tujuan penelitian ini adalah, pertama untuk  menganalisis aspek hukum ketenagakerjaan asing ditinjau dari tanggungjawab negara yang memiliki kaitan erat dengan Pasal 27 ayat (2) Undang-Undang Dasar Tahun 1945; kedua untuk menganalisis upaya perlindungan hukum ketenagakerjaan Indonesia ditinjau dari tanggungjawab negara yang memiliki kaitan erat dengan Pasal 27 ayat (2) Undang-Undang Dasar Tahun 1945. Penelitian ini dilakukan dengan metode deskriptif analitis menggunakan pendekatan yuridis normatif. Aspek hukum ketenagakerjaan asing ditinjau dari tanggungjawab negara dilihat pada pengaturan atas pengendalian TKA yang hanya dapat dilaksanakan dalam hubungan kerja pada waktu tertentu. Malahan perlu ditekankan mengenai perlindungan hukum dan jaminan kesejahteraan sosial layaknya tenaga kerja dalam negeri. Selain itu, dalam hal pengawasan tenaga kerja asing seharusnya tidak ada ketimpangan hak dan kewajiban antara tenaga kerja asing dan tenaga kerja dalam negeri. Upaya perlindungan hukum ketenagakerjaan Indonesia ditinjau dari tanggungjawab negara ini dapat dilihat pada implementasi mengenai upaya mendidik dan melatih tenaga kerja dalam negeri guna meningkatkan standar kompetensi yang mampu bersaing dengan tenaga kerja asing.

scholarly journals RE-ORIENTATION OF LEGAL POLICY FOR USING OF FOREIGN WORKERS IN INDONESIAN JUSTICE

Jurnal Akta ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 109
Author(s):  
Andri Winjaya Laksana ◽  
Jarot Jati Bagus
Keyword(s):  
Labor Law ◽  
Domestic Workers ◽  
Foreign Workers ◽  
Legal Certainty ◽  
Legal Policy ◽  
Research Results ◽  
Time Limits ◽  
Job Opportunities ◽  
Foreign Labor ◽  
Legal Policies

The existence of foreign workers, which so far has not been balanced with clear legal arrangements, has in its development led to problems of legal certainty in the field of employment. This writing uses doctrinal research or normative juridical research as for the research results obtained that the re-orientation of the implementation of legal policies on the use of foreign workers has not been able to achieve justice. This is because the legal politics of the use of foreign workers has resulted in reduced job opportunities for domestic workers, which in turn resulted in unemployment and poverty problems. Weaknesses in the implementation of the politics of using foreign workers are the shortcomings in the form of time limits and the amount of use of foreign workers is not clearly regulated in the politics of foreign labor law in Indonesia, then the weakness in the case of dualism in work permits for foreigners in Act No. 13 of 2003 and Act No. 6 of 2011.

scholarly journals Innovation on Wheels in Emerging Economies: Lessons from Auto MNC’s Experience

2016 ◽  
Vol 11 (8) ◽  
pp. 44 ◽  
Author(s):  
Rifat Sharmelly
Keyword(s):  
Emerging Economies ◽  
Product Innovation ◽  
Developed Countries ◽  
Multinational Companies ◽  
Value For Money ◽  
Mass Market ◽  
Innovative Performance ◽  
The Creation ◽  
Acceptability Criteria

Emerging economies (EEs) are increasingly being considered as new sources of growth and innovation opportunities for global auto multinational companies. Many multinational companies from developed countries are eager to prosper in these economies. However, the crucial challenge that companies face today is to identify what precisely are the approaches required to serve mass market customers in EEs. In this research, the case study of a foreign auto multinational operating in India has been utilized. Focusing on the product innovation for the Indian masses with the creation of the most affordable car ‘Figo’ from the reputed auto multinational Ford, this analysis reveal the importance of engaging same set of suppliers in trust based, recurrent collaborative linkages to enhance the innovative performance. In addition, ensuring an effective value-for-money proposition is needed to achieve innovations with required affordability and acceptability criteria. Furthermore, experimenting with modules and resultant learning about markets are needed to enhance the innovative performance. With the suggested testable propositions, this study has significant theoretical contributions as well as implications for managers of aspiring companies intending to serve EEs.

Addressing the COVID-19 challenges by SMEs in the hotel industry – a Czech sustainability message for emerging economies

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Radka MacGregor Pelikanova ◽  
Eva Daniela Cvik ◽  
Robert Kenyon MacGregor
Keyword(s):  
Emerging Economies ◽  
Negative Impact ◽  
Hotel Industry ◽  
Analytical Framework ◽  
Behavioral Strategies ◽  
Content Type ◽  
Socratic Questioning ◽  
Entrepreneurial Readiness ◽  
Entrepreneurial Strategies

Purpose Emerging economies have to address positive challenges such as sustainability, digitalization, entrepreneurial readiness and planning and behavioral strategies and negative challenges, such as corruption and bureaucracy. The COVID-19 pandemic hit all economies and arguably made hotel businesses that are from less typical emerging economies, such as the Czech Small and medium-sized enterprises (SMEs), to deal with similar challenges to that of their counterparts from typical emerging economies. How do Czech hotel SMEs address the COVID-19 challenges and what sustainability message can be extracted from that with the relevance for not only businesses from emerging economies? The purpose of this paper is to explore how Czech hotel SMEs address the COVID-19 challenges and what sustainability. Design/methodology/approach A consolidated parsing of the literature, legislative and analytical framework, along with an investigative case study of 11 Czech hotel SMEs was performed, based on the questionnaire survey and semi-structured in-depth direct interviews. The holistic thematic analysis processed this fresh data and allowed Socratic questioning and glossing while addressing both research questions. Findings The performed case study reveals that typical challenges faced by entrepreneurs in emerging economies became, via COVID-19, universal challenges, these challenges are a valuable impulse for digitalization and changes of entrepreneurial strategies, but not so much for sustainability, and the omnipresent negative impact of corruption and bureaucracy. Originality/value This paper presents a pioneering study regarding the addressing COVID-19 and sustainability concerns by SMEs in a less typical emerging economy and offering a universal, partially comparative and sadly not so sustainable, message which is not just limited to emerging economies.

scholarly journals Applications of Drones in Emerging Economies: A case study of Malaysia

2019 ◽  
Author(s):  
Abdul Aziz Ab Rahman ◽  
Wan Shafrina Wan Mohd Jaafar ◽  
Khairul Nizam Abdul Maulud ◽  
Norazilawati Mohd Noor ◽  
Midhun Mohan ◽  
...  
Keyword(s):  
Emerging Economies

Academic stratospheres-cum-underworlds: when highs and lows of publication cultures meet

2017 ◽  
Vol 69 (5) ◽  
pp. 516-528 ◽  
Author(s):  
Tereza Stöckelová ◽  
Filip Vostal
Keyword(s):  
Knowledge Production ◽  
Current System ◽  
Academic Publishing ◽  
Research Approach ◽  
Conceptual Approach ◽  
Content Type ◽  
Predatory Publishing ◽  
Micro Level ◽  
Two Bodies

Purpose The purpose of this paper is to link up and think through two bodies of literature, namely the critique of predatory publishing practices and the critique of political economy of established publishers, while introducing a reflection on the dynamic asymmetries of geopolitics and economics of globalizing knowledge production. Design/methodology/approach The authors deploy a conceptual approach developed with reference to a case study in order to explore the embedded logic of the current system of academic publishing. Findings The analysis shows that rather than examining two seemingly different issues (predatory publishing vs established publishers) as conflictual dualism, it is more productive to conceive them in associative and mutually constitutive fashion. Research limitations/implications A nuanced and multidimensional research approach is needed if we are to understand the dynamics of contemporary academic landscape. Originality/value The originality of the contribution lies in its problematizing of three established approaches that feature debates on the transformation of the academy. It moves beyond a micro-level explanation by (the lack of) individual morality as well as a structural explanatory framework preoccupied with publishing infrastructure and culturalist approach based on ready-made dichotomies of west/north vs south/east. Instead, the analysis provides an account that engages both with morality and geopolitics whilst tackling them as dynamic processes in making.

Sign in / Sign up

Export Citation Format

Share Document