Recent research by Rahmatullah Ayu Hasmiati from Universitas Muhammadiyah Kalimantan Timur has shed light on the complexities of Indonesia’s Crimmigration Law, particularly in its enforcement against illegal foreign labor. Published in ‘Nurani’, the study highlights how the law intertwines immigration regulations with criminal justice, creating a unique framework that affects not only the legal landscape but also the commercial environment, especially in sectors reliant on foreign labor, such as energy.
The research indicates that Indonesia’s approach to Crimmigration is marked by selective policies that determine which foreigners can enter the country. This selective enforcement often results in severe penalties, including imprisonment and deportation for those found in violation of immigration laws. Hasmiati notes that “the enforcement only focuses on residential permit abuse,” which raises concerns about the broader implications for industries that depend on foreign expertise.
For the energy sector, the implications of these findings are significant. As Indonesia continues to attract foreign investment in its energy projects, the restrictive nature of the Crimmigration law could deter skilled expatriates from entering the market. This could lead to a shortage of expertise necessary for the development and management of energy resources, particularly in renewable energy initiatives where technical knowledge is crucial.
Moreover, the study points out that the enforcement measures currently in place do not adequately address issues related to labor regulations, focusing instead on immigration violations. This narrow focus could hinder the ability of foreign workers to contribute effectively to the energy sector, which is increasingly reliant on a diverse workforce to innovate and implement sustainable practices.
Hasmiati argues for a legal review that would align immigration enforcement with labor regulations, emphasizing that “the law must be the first indicator to control people’s behavior as an Alien in foreign.” Such a review could create a more favorable environment for foreign workers, ultimately benefiting the energy sector by ensuring a steady influx of talent and expertise.
In summary, the findings from Hasmiati’s research highlight the need for a balanced approach to immigration and labor laws in Indonesia. By addressing these legal challenges, the country could enhance its attractiveness as a destination for foreign investment in the energy sector, fostering growth and innovation in a rapidly evolving industry.
