Presidential Regulation (PERPRES) No. 20 of 2018 on Foreign Workers in the Era of Free Trade

In Indonesia, this year President has issued a controversial regulation, Presidential Regulation (PERPRES) No. 20 of 2018 on Foreign Workers. The purpose of this paper is to analysis that regulation from the administrative law perspective. In fact, it is suspected as bad regulation for Indonesian workers. By doing a juridical review, using literature study as the research method, this paper would explain how it should be regulated; and how it should be implemented in free trade era to guarantee the prosperity as written in The Preamble of UUD NRI 1945. Based on this regulation, IMTA, that should be used by the government to prevent domination of foreign workers, has been shifted to RPTKA. But, RPTKA is not a license. It is only an optional requirement. PERPRES No. 20 of 2018 is contradictive with the principles and the purpose of UU No. 13 of 2003 on Labor Act, and Act No, 25 of 2007 on Investment Act itself. This kind of regulation could be potential to decrease the sovereignty of Indonesia on domestic workers in the era of free trade. Keywords—globalization; legal protection; national regulation; trade on services