Disnaskertrans-Biro Hukum Godok Draft Ranperda Retribusi IMTA

Christiano Talumepa SH Kadisnakertrans SulutChristiano Talumepa SH Kadisnakertrans Sulut

Manado-Dinas Tenaga Kerja dan Transmigrasi (Disnakertrans) – Biro Hukum Setdaprov Sulut saat ini sedang menggodok draft Rancangan Peraturan Daerah (Ranperda) retribusi Ijin Mempekerjakan Tenaga Asing (IMTA).

Rencana pembuatan Perda Retribusi IMTA tersebut menyuysul, data per Januari 2013 sampai tanggal 16 September 2013, total TKA sebanyak 8926 orang dengan 109 perusahaan. Sayangnya, hingga saat ini daerah tidak pernah menikmati pembayaran kewajiban perusahaan dimana mereka bekerja, melainkan masuk ke pemerintah pusat.

“Ya, Ranperda retribusi IMTA tersebut, sementara disusun melalui draft. Nantinya setelah itu, akan diusulkan ke Dewan Sulut,”ungkap Kadisnakertrans Christiano Talumepa SH yang diaminkan Karo Hukum Marsel Sendoh SH, Senin (30/09) kemarin.

Mendesaknya dibuat Perda Retribusi IMTA ini, menyusul 109 perusahaan yang mempekerjakan 8926 Tenaga Kerja Asing (TJA) di Sulut, tidak pernah melapor. “Karenanya dalam waktu dekat ini, kami akan turun bersama aparat untuk memeriksa perusahaan yang memperkerjakan TKA. Perusahaan yang tidak melapor akan kena sanksi,”tandasnya Talumepa dan Sendoh.

Penempatan Tenaga Kerja dalam dan Luar Negeri, Disnakertrans Sulut, sesuai Undang-Undang Permendagri nomor 02/MEN/III/2008, tentang tatacara penggunaan Tenaga Kerja Asing (TKA) dan UU nomor 13 tentang Ketenagakerjaan, menyebutkan, perusahaan yang menggunakan jasa TKA, harus melapor setiap 6 bulan berjalan,

Selain itu, jelas Talumepa dan Sendoh, sesuai Permendagri nomor 02/2008 BAB XVII pasal 41 menyebutkan, perusahaan pengguna TKA wajib melapor setiap 6 bulan di kabupaten dan kota tempat perusahaan beroperasi, dan secara berjenjang kemudian melaporkan pada gubernur yang dilanjutkan pada Mendagri.

Dalam pasal 25 BAB VIII, Peraturan 02/MEN/III/2008, peraturan Menteri Tenaga Kerja dan Transmigrasi RI, menyebutkan, dana kompensasi penggunaan TKA sebesar US$ 100 (seratus dollar Amerika) per bulan untuk setiap TKA dan dibayarkan dimuka.

Selanjutnya, dalam BAB VIII tentang perijinan pasal 22 ayat 2 menyebutkan, Ijin Mempekerjakan Tenaga Asing (IMTA) perpanjangan diberikan oleh direktur atau Gubernur atau Bupati / Walikota.

Perusahaan yang menyalahi aturan ini tegas Talumepa, akan dikenai sanksi pidana sesuai UU Tenaga Kerja nomor 13/2003 pasal 42 ayat 1 dan pasal 185 ayat 1.(Tim/sulutonline).

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