ANALISIS YURIDIS TERHADAP PERUBAHAN PENGATURAN PENGGUNAAN TENAGA KERJA ASING DI INDONESIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 168/PUU-XXI/2023

The issuance of Constitutional Court decision Number 168/PUU-XXI/2023 changes the provisions relating to the regulation of the use of foreign workers in Indonesia. The aim of this research is to find out and analyze the regulations for the use of foreign workers after the Constitutional Court Decision. This research uses normative legal research methods with a statutory and conceptual approach and uses primary and secondary legal materials, then uses descriptive analysis (qualitative). The research results show changes in the regulation of the use of foreign workers in Indonesia. This research discusses changes to the IMTA regulations and replacing them with RPTKA which must be ratified by the Central Government in Article 42 Paragraph (1) and the opening of opportunities for incompetent Foreign Workers to be employed in Indonesia, to the detriment of Indonesian workers in Article 42 Paragraph (4). The birth of the relevant Constitutional Court Decision finally brought light to the fact that the phrase “Central Government” in Article 42 Paragraph (1) must be interpreted as the Minister of Manpower and this article can still be declared unconstitutional because there are no derivative regulations that regulate it. Meanwhile, Article 42 Paragraph (4) requires prioritizing the use of Indonesian workers. This change is very good considering that this change also has a good impact on guaranteeing the rights to protection and work opportunities for local workers. However, supervision over the implementation of foreign worker regulations must continue to be improved. Cooperation between the Government and employers is key to the success of this implementation. So there is a big hope for the government to clarify and strengthen this regulation by making derivative regulations and revising the Job Creation Law, and employers must also be able to implement this regulation.