By: Putu Prawira) *
The Job Creation Law is a law that not only protects employers, but also workers. Even the derivative rules also contain articles of protection for Indonesian citizens. They don’t have to be afraid of foreign workers, because the government prioritizes local workers.
When it was first inaugurated, the Job Creation Law was horrendous because the government was accused of being pro-foreign. The reason is that the law contains investment clusters that facilitate the entry of foreign investors, including foreigners who become employees. Foreign workers seem to haunt them because local workers are afraid of being evicted.
However, local workers need not be afraid, because so far they have misunderstood. It’s not that the government wants to attract as many foreign workers as possible. This misunderstanding needs to be straightened out, so that no one will label the government too siding with foreigners.
Franky Sibarani, Chair of the Aspiration Serap Team, stated that the Job Creation Law protects local workers. The reason is because Article 42 of this Law explains that foreign workers are prohibited from serving as personnel. This rule is confirmed in the PP (government regulation) which is the derivative rule, in article 6.
In PP Article 6 paragraph 2 it even explains what positions are prohibited from being held by foreign workers. So that local workers do not feel competitive with foreign workers, because their position is secured. The foreign workers will not hold strategic positions, or vice versa. They will not work as manual laborers, because on average the slots are filled by Indonesian citizens.
The entry of foreign workers is a bit surprising, because many workers are afraid that their position will be evicted. Moreover, many were laid off during the pandemic. Boro-boro gets a new job, but the one that is there is even getting a competition from foreign workers. That’s what they thought, therefore the workers had a chance to protest the Job Creation Law.
Yet the reality is not like that. When foreign investors enter Indonesia, it does not mean that 100% of the workers are foreign. However, the foreign workers who enter are not plotted as laborers, or personnel and other high positions. They are positioned as the main technicians, with the aim of teaching local employees.
Not just any foreign workers can enter Indonesia. They have to be tested for their skills , IQ, EQ, psychological test, and so on. Foreign workers must also pass a swab test before leaving, before they can fly to Indonesia. At this point, we also have to self-quarantine for 14 days, according to applicable regulations.
This needs to be paid attention to by local workers and they should not be emotional and accuse nonsense. Don’t get burned up by talking and demonstrating again and again, in order to cancel the Job Creation Law and its derivatives. Because a lot of news has been twisted, when in fact the government is very protective of local workers.
When foreign investors enter, they build new factories with new machines and technology. This is where the TKA’s role is to explain how the machine works. They train local employees to be operators, until they really understand. So that there are no errors when operating the machine.
The Job Creation Law does require foreign investors to do technology or teach local employees. The presence of foreign workers is what plays a role in teaching the latest technology. So local workers are getting smarter and more agile. It is guaranteed that TKA will not shift the position of local employees, because there are rules of the game.
The Job Creation Law and its derivative regulations (government regulations) are very pro on local workers. They will not be replaced by foreign workers. The reason is because even though there will be many foreign investors, incoming foreign workers are prohibited from occupying personnel positions. Instead, they become machine operators and educators so that there is technology transfer from foreign investors to local employees.
) * The author is a contributor to the Cikini Press Circle and Students