The discussion about Foreign Workers (Tenaga Kerja Asing/TKA) is widely discussed lately. The Government thinks that TKA licensing needs to be facilitated to increase investment, while other parties think that such ease does not favor domestic workers. To answer such pro and cons, the Minister of Manpower Hanif Dhakiri explains the government’s background to ease licensing for TKA. Such ease is contained in Regulation of the President Number 20 of 2018 on Recruitment of Foreign Workers (Regulation 20/2018). This regulation is signed by the President of 26 March 2018, then promulgated by the Minister of Law and Human Rights (Minister) on 29 March. This Regulation also replaces Regulation of President Number 72 of 2014 on Recruitment of Foreign Worker. By the issuance of Regulation 20/2018, the Minister of Manpower then issues Regulation of the Minister No. 10 of 2018 on Procedures for the Recruitment of Foreign Workers (Regulation 10/2018).
Basically, TKA is still required in Indonesia since Indonesia still needs foreign investor, and with this Indonesia opens opportunities for the entry of for TKA to Indonesia.
Regulation 10/2018 regulates that only the following party which may recruit TKA:[i]
TKA who work in Indonesia shall also fulfill the following criteria:
In order to recruit Foreign Worker, the employer must beforehand fulfill the following requirements as follows:
In order to recruit TKA, the employer must follow the following procedures:
[i] Art. 3, Regulation 10/2018.
[ii] Art. 5, Regulation 10/2018.
[iii] Art. 8 (1) and 41 (2-3), Regulation 10/2018.
[iv] Art. 8 (3-4), Regulation 10/2018.
[v] Art. 4 (2-4), 10, dan 26, Regulation 10/2018.
[vi] Art. 11, Regulation 10/2018.
[vii] Art. 18-19, Regulation 10/2018.
[viii] Art. 19 (8), 23 (1) and 25 (1), Regulation 10/2018.