CONTROL OF FOREIGN WORKERS IS CONNECTED WITH THE PROTECTION OF THE WORK RIGHTS UNDER THE CONSTITUTION 1945 AND THE SELECTIVE POLICY PRINCIPLES
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Date
2020
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International Journal of Psychosocial Rehabilitation, Vol. 24, Issue 1
Abstract
The placement of TKA in fact gives an advantage in the process of outsourcing knowledge and
technology to improve the skills and productivity of the work of TKI, but the placement of the inappropriate TKA
legislation has been detrimental to National interest in the field of employment availability for migrant workers who
are increasingly difficult to obtain. The purpose of research to know the control of the TKA is connected with the
protection of the job rights for Indonesian citizens according to article 27 paragraph (2) CONSTITUTION 1945,
knowing the implementation of foreign workers by TKI in the SCIENCE and find supervision With the selective
policy principle. This research uses a normative juridical approach. The specification of the study is descriptive
analysis. The data types that secondary data uses. The technique of data collection studies and analytical techniques
uses a qualitative approach. The results showed that the control of TKA was executed under Article 42 Law No 13
year 2013 on employment which was built on the principles of legality, sponsorship, selective and security.
Controlling the placement of TKA in Indonesia aims to protect the rights of Indonesian citizens for the work
pursuant to article 27 sentence (2) CONSTITUTION 1945, but factually the policy of the placement control of TKA
has not shown results that provide Protection of the work for Indonesian citizens because of the foreign workers who
entered Indonesia majority of the abusive worker without the expertise of non-professional personnel. Supervision
of TKA implemented by implementing the principle of selective policy through two approaches namely (a) a
prosperity approach that establishes only foreigners who truly benefit the national interests and welfare of the
people of Indonesia (b) The security approach of an immigration policy to provide licensing permissions for those
who do not compromise state security and public order. Limitation of TKA that will enter Indonesia according to the
principle of selctive policy becomes a necessity to provide priority position of employment opportunities for TKI.
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Keywords
control, TKA, job opportunity, Selective Policy