Perizinan Penggunaan Tenaga Kerja Asing Pasca Disahkannya Undang-Undang Cipta Kerja

Abstract

Statistical data on the use of foreign workers in 2023 in Indonesia shows an increase of around 50,67% from last year, there were 168,048 foreign workers recorded working in Indonesia based on the ratification of the 2023 RPTKA. The use of foreign workers is a necessity that cannot be avoided, therefore it is necessary an appropriate administrative system, especially in permits the use of foreign workers so that workers' rights can be fulfilled. Recently, Law No. 6 of 2023 concerning the stipulation of Perpu No. 2 of 2022 concerning Cipta Kerja becomes law. This law replaces the existence of IMTA with the ratification of RPTKA as a permit for the use of foreign workers. In this case, researchers are interested in studying whether ratification of RPTKA is appropriate to replace IMTA as a permit to use foreign workers based on the rules of State Administrative Law. This research uses a type of normative legal research method, where positive law, principles and legal doctrine are the objects of research. The objects studied are the Cipta Kerja Law, Law no. 13 of 2003, Government Regulation no. 34 of 2021, Presidential Decree no. 20 of 2018, Ministry of Manpower no. 8 of 2021, Ministry of Manpower no. 10 of 2018 as well as the rules of State Administrative Law. The approach used is a statutory approach and a conceptual approach. To obtain data, this research uses secondary data sources, namely primary legal materials such as legislation, official minutes, court decisions and official state documents, secondary legal materials in the form of books, journals, legal research, legal dictionaries, legal encyclopedias and tertiary legal materials in the form of political books, economic books, census data, company annual reports, language dictionaries, general encyclopedias and KBBI. Data was analyzed qualitatively. The results of this research show firstly that there have been several changes in licensing for the use of foreign workers after the passing of the Cipta Kerja Law, secondly it has been proven that ratification of RPTKA is not appropriate to replace IMTA as a permit to use foreign workers because ratification of RPTKA is an administrative procedure and RPTKA does not comply with the rules of Administrative Law State as an instrument of the government, three violations of the use of foreign workers in Indonesia are subject to three types of administrative sanctions, namely administrative fines, sanctions for temporary suspension of the RPTKA ratification process and revocation of RPTKA ratification.