Protection and Transfer of Knowledge Foreign Workers in Indonesia

So far Indonesia still requires foreign investors to drive the domestic economy, as well as the impact of globalization civilization in which Indonesia as WTO members have the opportunity influx of foreign labor. To anticipate this expected there completeness rules governing foreign labor requirements, as well as securing the use of foreign labor. Regulation should regulate the basic aspects and forms of regulation that govern not only at the level of Ministers, the purpose of the use of foreign labor selectively to continue to prioritize workers.A. INTRODUCTIONThe process of "Indonesianization" positions occupied by expatriates always done with professional assistants require a citizen ngara Indonesia for foreign workers working in Indonesia and obliging conduct education and training for Indonesian workers, who as a whole is intended to "transfer of knowledge "and" transfer of lerning "of foreign workers to the workforce Indoneisa.Therefore, in employing foreign labor, through mechanisms and procedures are very strict, especially by requiring the perusaahan or corporations that use foreign labor to work in Indonesia by making plans to use foreign labor (RPTKA) as stipulated in the Ministerial Regulation No. PER .02/MEN/III/2008 About Procedures for Use of Foreign Workers.B. PROTECTION OF FOREIGN WORKERS IN INDONESIAAgainst any workers who work in Indonesia enacted Law No. 3 of 1992 on Social Security Workers (Social Security). Given the relatively large number of foreign workers working in Indonesia, it should be given the protection of the corresponding inclusion in the Social Security program. This protection not only against foreign workers but also concerned family. For foreign workers who have received Social Security in their home country, then the employer is not obliged to include foreign workers concerned in the Social Security program in Indonesia [1]. As for foreign workers who do not get Social Security in their home country, employers provide collateral in the form:

    accident
    containing ill / pregnant
    maternity
    old age and deathThe four guarantees are packaged in 4 courses, namely [2];1. AccidentThis guarantee is given that the accident occurred in the employment relationship, including diseases arising from employment relationships and terajadi accident on the way from home to work and return home via the usual way through (no specific time limit). In this guarantee, employers (employers) must submit a 0.24% - 1.74% of the monthly wage to employees' social security. The amount of bail depends on the risk of accidents.2. Warranty DeathThe guarantee is given for death benefits which amounted to 0.30% of the monthly wage.3. Warranty Old AgeThis guarantee is borne by workers and employers by 3.7% of the monthly wage paid employer and 2% is paid by the workers.4. Health InsuranceIn connection with this guarantee, Social Security dependents held distinction between workers who are single with an already married, with each amount of 6% of the monthly wage for workers who are married and 3% for workers who are single. health care benefits also include:

    Promotive aspects (health promotion);
    Preventive aspects, and
    Aspects curative (treatment).C. KNOWLEDGE TRANSFER (TRANSFER OF KNOWLEDGE)Employers of foreign workers shall designate manpower citizens of Indonesia (TKI) as assistant foreign labor force employed for the transfer of technology and skills transfer (the transfer of knowledge, transfer of learning) of foreign workers. Besides employers of foreign workers required to carry out education and training is exempted for foreign workers holding positions of directors and commissioners. Each user of foreign labor (sponsor) must implement a replacement program of foreign workers to the labor force in Indonesia.Therefore users must appoint a foreign worker employment Indonesia as a companion to the type of jobs held or managed by foreign labor. Professional assistants (TKI) must be clearly stated in the plan the use of foreign labor (RPTKA) and the structure of the corporate office. Further that any company licensed by hiring foreign labor (IKTA), shall designate and train co-workers as a foreign worker in accordance with RPTKA issued. Appointment of workers must be eligible in accordance with the position set out in RPTKA. IKTA petition for temporary employment bersifar, filed with the labor minister or his representative. If diperusahaan does not have workers who have requirements, labor minister or officer who is appointed, can put workers who meet the requirements. Determination of the candidate companion for workers of foreign workers as such, its implementation is done through selection conducted by Manpower district / municipality or jointly with the technical agencies. Furthermore, the placement of workers was based on the consideration of the company.For example, one company in Batam that use foreign workers carry out education and training in the implementation of the transfer of knowledge through third party services (Training Agency). However, after extensive training, the workers who always accompany the foreign worker is not able to directly replace the positions occupied by expatriates concerned due to the expiration of the contract. Obligation to submit the training program does not apply to an application for a school IKTA international / foreign training institutions; agencies / government projects, foreign trade representatives, international organizations, regional representative offices of foreign companies.It can be seen from the aspect of its usefulness, the implementation of the transfer of knowledge turned out to be profitable for the company. However, in practice it is not as smooth as one might imagine. This is due to workers who assist foreign workers are sometimes not master a foreign language so that an error of interpretation (error in interpretation) and miscommunication. This situation certainly must be recognized by employers and professional assistants and look for a solution such as a short course held prior to the language used by foreign workers and screen candidates professional assistants who are capable, professional and aplicable.D. CLOSINGRecognizing this fact so far Indonesia still needs foreign investors, as well as the impact of globalization civilization where Indonesia as WTO members have the opportunity influx of foreign labor. To anticipate this expected there completeness rules governing foreign labor requirements, as well as securing the use of foreign labor. Regulation should regulate the basic aspects and forms of regulation that govern not only at the level of Ministers, the purpose of the use of foreign labor selectively to continue to prioritize workers.Against any foreign workers working in Indonesia enacted Law No. 3 of 1992 on Social Security. Protection of Social Security by giving not only the foreign workers concerned but also their families. For foreign workers who work in Indonesia who have earned social security in his home country, the employer is not required to provide Social Security. In order to transfer of technology (transfer of knowledge), any use of foreign labor in Indonesia must be accompanied by a migrant worker, and as a form of implementation, the employer shall conduct education and training for workers in accordance with the qualification positions occupied by expatriates.