Unlike the Indonesian workers in the Netherlands, the Chinese workers are invited by the company to come and work in Indonesia. The existence of Chinese Illegal migrant workers became a big problem in Indonesia at the end of the year 2016. On the other hand, Indonesian workers themselves become illegal workers in other countries, for example in the Netherlands.
The same situation applies, many Indonesians come and work without proper documents in the Netherlands. They come with a tourist visa and stay after the visa expires to work in the Netherlands. The situation of Indonesian illegal workers in the Netherlands can be compared to the existence of illegal Chinese migrant workers in Indonesia.
Therefore, this paper will describe the situation with illegal Chinese migrant workers in Indonesia and illegal Indonesian workers in the Netherlands. This paper will also compare the policy of migrant/foreign workers, as well as the policy of free movement or mobility of workers in Indonesia (and ASEAN) and in the Netherlands and/or EU. Indonesian migrant workers in the Netherlands have a similar situation with Chinese migrant workers in Indonesia.
The second is those who intend to work in the Netherlands and come with a tourist visa.
IN EUROPE
IMMIGRATION POLICY A. IN INDONESIA
Under the Jokowi government, Indonesia has made tourism a priority and set a target of bringing 20 million foreigners to Indonesia for tourist visits. Therefore, for this purpose, Indonesia applies free visa access to 169 countries under Presidential Regulation No. 69 year 2015 yo. Based on Article 2 of this Regulation, a visa for free entry will be granted on a reciprocal basis, which will also benefit Indonesia.
It is not very clear what kind of benefit Indonesia will receive, but the government has foreseen some benefits and good relations for the countries on the list. 6 of 2011 also stated about the free entry visa in its article 43 which is supported by article 99 Government Regulation No. There is also a visa-on-arrival policy which people from some countries can apply for a visa when they arrive in Indonesia.
China is one of the countries on the list of free visa entry and visa on arrival. The visa on arrival policy is based on section 41 Act No.6 year of 2011 and further explained in section 95 Government Regulation No. Visa on arrival is valid for 30 (thirty) days which can be extended for another 30 days.
The purpose of the visa on arrival is defined in the Regulation of the General Director of Immigration No. The meeting between the head office and its branches in Indonesia Visa on arrival is an important permit at the Indonesian border, except that it can be used on purpose to enter Indonesia, but it can also be misused for some foreigners to enter Indonesia and stay illegally for purposes other than the purposes explained above. This has become the concern of the immigration department as many foreigners are found misusing visa on arrival and (also visa-free entry) and overstaying their visa and working illegally in Indonesia.
IN THE NETHERLANDS
ANALYSIS AND CONCLUSION
Although illegal Indonesian workers in the Netherlands do not have proper documents to live and work, their basic rights are still protected. There is a lack of workers to implement the development program, especially in jobs that need the expertise of foreign workers. It is a similar situation with the domestic sector in the Netherlands where Indonesian workers fulfill this sector.
FNV stated that 100,000 households need domestic workers, but the Netherlands does not have enough people working or willing to work in this sector. Learning from the Netherlands and Europe, the Netherlands is committed to being one of the Schengen countries and will grant Frontex external border control powers. As explained in the previous section, migrants can apply for a short visit visa, a seasonal worker visa, family reunification, asylum, as well as a highly skilled visa (kenismigrant) and an EU Blue Card.
There is (yet) no agreement on border control of ASEAN member states, but ASEAN member states have adopted ASEAN Framework Agreement on Visa Waiver. Having a visa for one of the member countries of ASEAN does not mean that you can go to another ASEAN countries. To learn from the principle of free movement of the EU and the experience of Indonesian illegal workers in the Netherlands, even if the border control system is properly made in the EU, the principle of free movement brings the risk of having illegal migrants.
However, the implementation should be improved, as the system is still carried out manually, and there is a lack of a supervisor on the field. The supervision of foreign workers is also weak since the policy of autonomy of the local district in Indonesia was applied.77 The function of supervision in the local district is taken over at the provincial level, therefore there is no supervision at the local district level and the coordination between the local and the provincial level is weakly. In the Netherlands, it is also difficult to supervise private houses where illegal domestic workers work, as this is in violation of the Privacy Act.
Illegal Indonesian domestic workers in the Netherlands help the circulation of the economy in the Netherlands and in Indonesia. Illegal Chinese workers also contribute to development in Indonesia; Indonesians could also learn and acquire the knowledge and skills of foreign workers. If there is a system that can support them to pay taxes, they will pay taxes.
