Cooperation Between Local Governments and The South Korean Government in The Seasonal Worker Program
Abstract
The cooperation between local governments and the South Korean government in the seasonal worker program is one form of implementation of decentralization and regional autonomy that has a significant impact on improving community welfare. This program provides opportunities for local communities to gain international work experience, improve skills, and contribute to local economic development. However, legally, foreign cooperation by local governments must be implemented within a national legal framework that emphasizes that foreign policy matters remain under the authority of the central government. In this context, this legal research analyzes the legal basis, authority, and legal protection for seasonal workers placed through bilateral cooperation between Indonesia and South Korea. The study was conducted using a normative approach through an analysis of laws and regulations, including the 1945 Constitution of the Republic of Indonesia, Law Number 23 of 2014 concerning Regional Government (juncto Law Number 9 of 2015), Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, and Minister of Home Affairs Regulation Number 25 of 2020 concerning Procedures for Regional Cooperation with Regional Governments Abroad. Furthermore, aspects of seasonal worker protection are analyzed from an international legal perspective, including the Indonesia-South Korea bilateral understanding and international conventions on migrant workers. The analysis shows that while local governments have room to collaborate with foreign governments, their undertaking must remain coordinated with the central government to avoid overlapping authority. Legal protection for seasonal workers also faces challenges, particularly related to overseas supervision and the protection of basic workers' rights. Therefore, regulatory synergy and strengthening of cooperation mechanisms are needed to ensure the seasonal worker program runs optimally and adheres to the principles of legal protection.