Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)

Use of Foreign Workers in the Mining Sector

Authors
Adnan Hamid
Corresponding Author
Adnan Hamid
Available Online September 2018.
DOI
10.2991/iceml-18.2018.5How to use a DOI?
Keywords
manpower, foreign workers, legislations, employment
Abstract

Article 27 paragraph (2) of the 1945 Constitution, states that "every citizen has the right to work and livelihood that is suitable for humanity". This article means that the State is obliged to provide employment for its citizens by giving the widest possible opportunity to its citizens to obtain employment. Meanwhile Article 28 D paragraph (2) of the 1945 Constitution states that "every person has the right to work and receive fair and decent remuneration and treatment in an employment relationship". This provision brings the consequence of a person's basic right to get a job wherever he is. The current era of globalization has an impact on the entry of foreign workers (TKA) in filling in existing jobs. Law No. 13 of 2003 concerning Manpower has limitedly regulated the use of foreign workers who will work in Indonesia. Furthermore, in order to attract foreign investors to invest their capital in Indonesia, the Government has revoked the Presidential Regulation (Perpres) Number 72 of 2014 by imposing Presidential Regulation Number 20 of 2018 on the Use of Foreign Workers. Specifically for the use of foreign workers in the mining sector further regulated in the Minister of Energy and Mineral Resources Regulation No. 25 of 2018 concerning the Exploitation of Mineral and Coal Mining (Permen ESDM 25/2018) as well as in the Minister of Manpower Regulation number 35 of 2015.

Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
Series
Advances in Economics, Business and Management Research
Publication Date
September 2018
ISBN
10.2991/iceml-18.2018.5
ISSN
2352-5428
DOI
10.2991/iceml-18.2018.5How to use a DOI?
Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Adnan Hamid
PY  - 2018/09
DA  - 2018/09
TI  - Use of Foreign Workers in the Mining Sector
BT  - Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
PB  - Atlantis Press
SP  - 15
EP  - 18
SN  - 2352-5428
UR  - https://doi.org/10.2991/iceml-18.2018.5
DO  - 10.2991/iceml-18.2018.5
ID  - Hamid2018/09
ER  -