LEGAL RECONSTRUCTION OF FAIR FOREIGN WORKFORCE REGULATIONS BASED ON NATIONAL LEGAL REASONS
This research aims to discover and analyze changes in legal construction regarding the regulation of foreign workers (TKA) which have values of justice based on the ideals of national law as stated in the values of Pancasila and the 1945 Constitution. The writing of this research will be carried out by referring to Normative legal research methods or methods, namely the type of research commonly carried out in the development of legal science which is generally also called Legal Dogmatics Research. The legal materials used in this research are secondary data in the form of literature books discussing Employment Law, plus legal materials in the form of scientific works by experts, journals and papers related to this research.As a legal dogmatic research, normative legal materials are processed in stages: structuring, describing and systematizing legal materials which consist of three levels, namely the technical level, teleological level and external systematization level. The research results show thatThe legal reconstruction of fair TKA regulations established by the legislature must be based on an understanding of legal science, but not limited to a study of understanding political science, so that the law that is formed is law in the sense of legal discovery as a crystallization, concretization of legal regulations that should be (das sollen), which refers to on legal theories and legal principles. Law must emerge with its transcendental and metaphysical nature so that the antecedents of morality must take precedence, but it does not give rise to law as a political force that is legitimized by its coercive nature and gives the impression of being forced. If it is connected to the goals of society, which we then return more broadly to the goals of the state, namely advancing general welfare, protecting all Indonesian people, then the convenience and support given by the state to foreign workers through Law No. 11 of 2020 which was amended by Perpu No. 2 2022 in conjunction with Law No. 6 of 2023 concerning the Determination of Perpu No. 2 of 2022 into Law and PP No. 34 of 2021 cannot be said to be in line with state objectives. Therefore, it is important to reconstruct the regulation of the use of foreign workers in the form of regulations and laws that are clear and can be monitored so that they can provide fair legal certainty in accordance with Pancasila and the 1945 Constitution as national legal ideals for foreign workers and at the same time protect the interests and interests of foreign workers. domestic labor rights.
Legal Reconstruction, Foreign Workers, National Legal Dreams