Perlindungan Hukum Terhadap Tenaga Kerja Asing Dalam Implementasi Transfer Of Knowledge Terhadap Tenaga Kerja Indonesia

Abstract

The ASEAN Economic Community 2025 has been officially endorsed by the heads of ASEAN member governments at the 27th ASEAN Summit in Kuala Lumpur, Malaysia. The WTO (World Trade Organization) is an international body that regulates trade around the world. Indonesia and Japan have both ratified the provisions of the WTO. one of the provisions of the GATS is the "opening of market access" to trade in services from other WTO member countries. As a consequence, Indonesia had to open its market to trade in services from other WTO member countries. The interesting thing is about the regulation of Foreign Workers in Indonesia which specifically discusses the legal protection of Foreign Workers implementing the Transfer of knowledge for Indonesian Workers, and the Differences and Similarities of Foreign Labor Arrangements in Indonesia and Japan. The method used in writing this thesis is normative and empirical legal research. Normative legal research by researching library materials is accompanied by collecting data that is feasible to support the writing and research of Empirical Law, namely taking an example of a Company to be researched by interviewing one of the staff who work and are experienced in the field. The data analysis used is a qualitative method, namely by collecting and processing relevant primary, secondary, and tertiary legal materials so that they can answer the problems that have been prepared. The legal basis for regulating the use of Foreign Workers in Indonesia is Law No.13 of 2003 concerning Manpower, Law No.11 of 2020 concerning Job Creation and Government Regulation No.34 of 2021 concerning the Use of Foreign Workers. The Legal Basis for Regulating the Use of Foreign Workers in Japan is the Labor Standards Law.