ASAS KEADILAN DALAM PERATURAN PRESIDEN NOMOR 20 TAHUN 2018 TENTANG PENGGUNAAN TENAGA KERJA ASING

Abstract

Presidential Regulation No. 20 of 2018 concerning the Use of Foreign Workers has caused
unrest in the public. The regulation shows a partisanship and a convenience which are
provided by the Government to Foreign Workers. The government's partisanship to Foreign
Workers is indicated by the existence of Article 9 of the Regulation which states that the
Permits to Use Foreign Workers are no longer needed. Instead of the Permits, the Plan for the
Use of Foreign Workers is being required. In addition, Article 10 of the Regulation also states
that the Permits is not needed for Foreign workers who work in certain fields required by the
Government. Using the principle of justice by Rawls and Hamid A. Tamimi to justify the
Articles, it is concluded that those Articles are unfair since the justice shall be created to
achieve the State’s goal which is related to increase public welfare. The convenience provided
for foreign workers is contradictory to the high unemployment rate in Indonesia. Moreover, it
contradicts the 1945 Constitution of the Republic of Indonesia, Law Number 13 Year 2003
and it does not adhere to the material principles of the contents of the Laws and Regulations.