INTERESTED NATIONAL INTEREST !.
JOKOWI CABINET IGNORE THE BARIER ASPECT IN FREE TRADE MECHANISM (LIBERALIZATION MECHANISM) in GATS / WTO.
By: Natalius Pigai
I have long been silent and do not comment on the Perpres of Foreign Workers (TKA). more and more sad, political opposition political opponents, rulers staged a play. The government should not be defensive for criticism because for the common good (bonum commune), for the sake of the state (et Patria).
today this country seantro serious polemic about the presence of Presidential Regulation number 20 of 2018 on the Placement of Foreign Workers (TKA). the most striking criticism of opposition groups is the ease and accessibility of foreign workers to fill the various jobs available in Indonesia. While the government's argument seems amateurish, defensive and defensive.
the core of the main issues is not just about technical guidance of foreign worker placement as stated in Presidential Decree 20 year 2018 as well as implementation guidance through Ministry of Manpower regulations which will be formulated, but the most substantial problem is bumping even beyond, much more liberal thanthe principle of the interests of the nation and the state that each country is entitled to determine the barriers in the multilateral agreement through the general agreement on trade and tariffs and services (GATS) generated in the Uruguay Round by the World Trade Organization (WTO)in 1994.The government needs to understand that the liberalization of free trade is by no means very liberal and the borderless world as described by Kunichi Ohmae. under the GATS agreement each country is authorized to determine the national interest through the Economic Need Test (ENT).
the Ministry of Manpower and the Ministry of Trade should undertake trade in the services sector of the labor profession through the mechanism of requests and offers from China as a respected standard mechanism in the multilateral agreement that is formulated in the agreementreciprocal and mutual recognition (MRA).although almost all Indonesian trading partners have questioned the existence of ENT as discriminatory and potentially arbitrary. since the beginning of foreign trading partners fear that if the government implements ENT but the problem is that Indonesia also never made a strong regulation that is protectionist.
if the government follows the mechanism of international labor market trade it is very unlikely that the low-level workers from China can enter our country. Test the economic needs or ENT Actually there are restrictions or barriers for the benefit of the nation and state of Indonesia. both ministries of the Ministry of Trade and the Ministry of Manpower seem not nationalistic, not prioritizing the interests of the Indonesian people, especially the labor force has reached 130 million and the unemployed are high 7.04 million people.
indeed, we must recognize that Indonesia is a sending country, China especially Hongkong is receiving country, but the need between Indonesia and Hong Kong Republic of China is of course dissected, Indonesian migrant workers fill the kind of work that is not liked bythe workforce of Hong Kong / China as domestic workers.while Indonesia opens employment opportunities for Chinese workers precisely in the formal, industrial and manufacturing sectors which are certainly based on requirements that require qualification of standardization, professional certification and competence.
but the problem is, we all do not know how to test the competence of foreign workers in China if Indonesia does not determine the barriers (barriers), especially through the economic needs test mentioned above. the current government seems to be managing the country amateurously, lessprofessional.
whereas the Request & Offer mechanism, the Economic Need Test as well as the MRA in the liberalization of world trade through GATS allowed the existence of filter tools in order to safeguard the interests and authority of the state.
I suspect the bilateral agreement made by the Indonesian government with the Chinese Government is not based on the Mutual Recognition Agreement (MRA) so that Indonesia always losses against China, imagine TKI in Hong Kong only work in the informal sector as domestic workers, meaning TKIIndonesia qualification is lowered (Down-graded) so that protection can not be optimal.various reports either by embassies, labor associations also labor itself has been markedly disrupt international trade principles of the labor market, namely: non-discrimination (most favorable nations) and treatment / egual (national treatment). while we give a great opportunity to the Chinese TKA to work in various positions and positions even almost all business Sekmen. Therefore, the government should not be angry when people accuse the Jokowi Government of truly indulging Communist China.
the placement of Manpower in the world trade system by the WTO through GATS under article 1: 2 of Uruguay round is referred to as trade in professional services included in the Mode of Supply Modes of Mode 4 which are: wishing the arrival of a foreign service professional worker(movement of natural persons) taking into account special competencies.in the context of this TKA entry into Indonesia without going through ENT then GATS expectation where each country mutually beneficial and reciprocal through the transfer of resources knowledge (knowledge transfer) will not happen for our nation. this is in contrast to the liberalization paradigm experiencing a shift from competitive to reciprocal so that developed countries including China transfer knowledge, skills and also work culture.
at the present time, I observe that communist China is playing a liberalization mechanism to suppress and hold Indonesia hostage. just look at Mode 4 service trading system based on GATS there are 4 categories of labor placement tkit called temporary labor migration of Chinese TKA in Indonesia that is:
1). Intera corporate transfer is a Chinese company that invests in Indonesia to bring its workforce. 2). contractual service suppliers ie labor based on order. 3). Business Visitors foreign businessman who as his company's worker. 4). Individual Professional, Manpower who has competence. therefore it is only natural that the Chinese communist state with large investments actually penetrate by playing and suppressing poor countries including Indonesia through the mechanism of liberalization.
an important note for the President is that in foreign investment we must be softer on Chinese investors who offer TKA as their negotiation package, then the President should order the Ministry of Manpower to include Economic Need Test as a filter tool forincluded in the National Workforce Plan (RTKN), especially RTK Micro related to demand and supply of foreign workers. may be useful!
(Natalius Pigai, Special Staff of the Minister of Manpower and Transmigration 1999-2005, Former Labor Migration Researcher, Ministry of Manpower and Transmigration, International Labor Migration Author, Pustaka Sinar Harapan Jakarta, 2005)