PEMUTUSAN HUBUNGAN KERJA SEPIHAK TERHADAP TENAGA KERJA ASING SEBELUM BERAKHIRNYA PERJANJIAN KERJA WAKTU TERTENTU (STUDI KASUS PUTUSAN NO. 595 K/PDT.SUS/2010)

Abstract

The use of foreign workers (TKA) in the Indonesian labor market is only for certain positions
and time. It is clearly regulated in Law no. 13 of 2003 on Manpower (Law No. 13 of 2003)
and its implementing regulations. In practice, certain time labor agreements between
employers and foreign workers are often made by not meeting the applicable requirements.
The restrictions are made through licensing system, limitation of foreign worker use in
certain positions, and limitation of foreign worker use only in certain time working
relationship. Meanwhile, PKWT arrangements for foreign workers based on Law no. 13 of
2003 can not be implemented in absolute terms in the event of a violation of PKWT of
foreign workers. This is due to the inconsistency between the provisions in Law no. 13 of
2003 which limits the employment relationship of foreign workers only in certain time
working relationship, while in others Law no. 13 Year 2003 also allows the transfer of
PKWT by law into PKWTT, in case PKWT is not fulfilled by the employer