Regulation of Foreign Workers Based on Job Creation Act of Maslahah Perspective

Bibliographic Data

ID22317897
AuthorsSiti Nur Fitriana (Universitas Tulungagung), Iffatin Nur (0000-0003-4548-075X, Universitas Tulungagung)
Year2021
Volume20
Issue2
Pages179
Publication date2021-12-15
Open AccessYes
TypeARTICLE
VenueJURIS (Jurnal Ilmiah Syariah) (JOURNAL)
Journal identifiersISSN: 1412-6109 • E-ISSN: 2580-2763
PublisherIain Batusangkar (PUBLISHER)
DOI10.31958/juris.v20i2.4274
OpenAlexW4200151071
LanguageEN
Citations received2
References cited1

The Omnibus Law Bill which has been passed into law number 11 of 2020 concerning Work Creation has generated a lot of controversy in the community. One of the articles that is most highlighted is related to foreign workers, in which the licensing is made easier. For this reason, this regulation needs to be studied from the perspective of maslahah. The purpose of this study is to determine the regulation of foreign workers after the work copyright law and its maslahah perspective. The research method used is normative juridical research with a statute approach and a conceptual approach. The results of this study indicate that Article 42 of the Job Creation Law contains a permit for the use of foreign workers using only RPTKA. In addition, the positions of foreign workers that do not require RPTKA are expanded and added to the positions of directors, commissioners and foreign workers needed in an emergency situation. Furthermore, details of the RPTKA were also deleted. In terms of maslahat, the regulation of foreign workers based on the Job Creation Law is not yet in accordance with the concept of maslahat, because the benefit is only for some people, not for the general benefit

Business · Law and economics · Normative · Political science · Sociology · Statute · Computer Science · Engineering · Indonesian Legal and Regulatory Studies · Law · Legal and Policy Analysis in Indonesia · Legal and Social Justice Studies

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