Law Enforcement of Foreign Workers Abusing Immigration Residence Permit: Case Studies on Energy and Mining Companies

Abstract

The development of globalization brings various impacts on labour and immigration law in Indonesia. The most frequent immigration violations are the abuse of immigration residence permits by foreign workers, especially in energy and mining companies. The Turnkey Project Mangement between Indonesia and China has a systemic impact, especially on foreign capital ownership, infrastructure, and labour. Examples of cases of foreign workers in energy and mining companies are located in Kendari City, Southeast Sulawesi Province. Based on data released by the Ministry of Manpower as of April 6, 2018, there are at least 927 Chinese who work illegally in a number of mining companies. The foreign workers is mostly employed in Virtue Dragon Nickel Industry with a total of 632 people. Another case also occurred in Lahat, South Sumatra Province. There are at least about 671 Chinese citizens who work illegally in PT. Priamanaya Energy. Of these, at least 90% of foreign workers work in Indonesia in the energy and mining sectors. Most of them are illegal foreign workers who do not have a Limited Stay Permit Working from the Immigration Office and Permit for Working Foreign Workers from the Ministry of Manpower. Most of their modes are to use Visa Free Visa Policy that should not be for work. Based on the results of the discussion, can be explained as follows. First, the process of law enforcement on the abuse of immigration residence permit is done in two ways, namely Immigration Administrative Act and Investigation (Pro Justitia). Immigration Administrative Action is arranged in Article 75 paragraph (2) on Law of the Republic of Indonesia Number 6 of 2011 concerning Immigration. This action takes place outside the judicial process and is subject to immigration administrative violations. Meanwhile, the Investigation is a legal action from the Civil Servant Investigator of Immigration against the alleged criminal act of immigration. The case of improper immigration permit abuses by foreign workers is regulated in Article 122 of Law of the Republic of Indonesia Number 6 of 2011 concerning Immigration. Second, in practice officers more often apply immigration administrative measures in resolving immigration residence cases. Based on the Performance Report of Directorate General of Immigration of 2017 stated that there are 1,992 Chinese conducted Immigration Administrative Actions, in the form of Deportation. About 80% of them are illegal workers in the energy and mining sectors. Investigative Actions is rarely implemented, as it is considered ineffective, requiring a relatively long time in the process. Then, budget allocations are still inadequate and human resources Civil Servant Investigator of Immigration is very limited evenly in all regions. In 2017, the number of investigative actions is only 286 people. It was very different from the number of immigration administrative actions. This is because law enforcement on the abuse of immigration stay permits is often limited by the number of Immigration Officers and the lack of coord...

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