Indonesia should continue to engage with ASEAN member countries to strengthen cooperation on immigration policies

Oct 13, 2025 by talynt.org 63 views

ASEAN Agreement on Immigration within the Framework of the 2015 ASEAN Economic Community (MEA) and its Relevance to the Regulation of Indonesian National Law

As the world becomes increasingly interconnected, the need for seamless movement of people, goods, and services across borders has never been more pressing. The implementation of the ASEAN Economic Community (AEC) in 2015 has brought about a new era of economic integration in Southeast Asia, with the aim of creating a single market and production base. One of the key aspects of the AEC is the free flow of labor, which has significant implications for immigration policies in the region.

Historical and International Aspects of Immigration

Immigration law has a long and complex history, with different countries adopting various approaches to regulating the inflow of foreign workers. The four main historical periods of immigration law can be characterized as follows:

Open Gate: This period, which dates back to the 19th century, was marked by a relatively open approach to immigration, with many countries welcoming foreign workers to fill labor gaps.
Shut Gate: In contrast, the Shut Gate period, which began in the early 20th century, saw a more restrictive approach to immigration, with many countries imposing quotas and other restrictions on the entry of foreign workers.
Managed Migration: This period, which began in the 1960s, saw the introduction of more managed approaches to immigration, with countries implementing policies to regulate the inflow of foreign workers.
Globalization: The current period, which began in the 1990s, has seen a significant increase in international migration, with many countries adopting more liberal approaches to immigration.

Despite the existence of international agreements on immigration, such as the United Nations' International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, immigration law remains a domain of national sovereignty. Each country has the right to determine its own immigration policies, taking into account its territorial principles and human rights obligations.

ASEAN Agreement on Immigration

One of the key agreements in the context of ASEAN immigration is the ASEAN Agreement on the Movement of Natural Persons (ASEAN MNP). This agreement, which was signed in 2007, aims to create an effective mechanism to advance liberalization and facilitate the movement of individuals in ASEAN, along with the free flow of skilled labor. The ASEAN MNP stresses the importance of collaboration between member countries to reduce obstacles in the labor movement, while still respecting the national law of each country.

The ASEAN MNP has several key provisions, including:

Article 1: The agreement aims to create an effective mechanism to advance liberalization and facilitate the movement of individuals in ASEAN.
Article 2: The agreement stresses the importance of collaboration between member countries to reduce obstacles in the labor movement.
Article 3: The agreement recognizes the right of each member country to determine its own immigration policies, taking into account its territorial principles and human rights obligations.

Relevance to Indonesian National Law

In the Indonesian context, the relevance between ASEAN agreements and national legal arrangements can be found in Law Number 6 of 2011 concerning Immigration. Some articles in the law are related to the scope, granting of permits, and exceptions, which are in line with the principles set by ASEAN MNP. In other words, Indonesia seeks to integrate its national immigration policy with ASEAN agreement in order to be able to utilize labor free flow more optimally.

Analysis

Understanding the ASEAN agreement on immigration within the 2015 MEA framework is very important for Indonesia, especially in supporting economic development through increasing investment and trade. The harmony between national law and ASEAN agreement will have a positive impact on labor mobility, thus encouraging the creation of employment and inclusive economic growth.

On the other hand, Indonesia must also consider challenges that may arise, such as the need for protection of local labor rights and immigrants, as well as appropriate arrangements to prevent abuse. With a holistic approach, Indonesia can not only meet its international commitment, but also protects national interests.

Conclusion

In conclusion, the ASEAN agreement on immigration within the 2015 MEA framework provides an important foundation for the harmonization of Indonesian immigration policies. Thus, relevant and adaptive national legal arrangements will encourage the creation of an ecosystem that is conducive to economic growth and improving the welfare of the community.

Recommendations

Based on the analysis, the following recommendations are made:

Indonesia should continue to engage with ASEAN member countries to strengthen cooperation on immigration policies.
Indonesia should review its national immigration law to ensure that it is in line with the principles set by ASEAN MNP.
Indonesia should establish a mechanism to protect local labor rights and immigrants.
Indonesia should establish a mechanism to prevent abuse of labor free flow.

By implementing these recommendations, Indonesia can ensure that its immigration policies are in line with the principles of the ASEAN MNP and contribute to the creation of an ecosystem that is conducive to economic growth and improving the welfare of the community.
Frequently Asked Questions (FAQs) on ASEAN Agreement on Immigration within the Framework of the 2015 ASEAN Economic Community (MEA)

As the ASEAN Economic Community (AEC) continues to evolve, many individuals and organizations are seeking to understand the implications of the ASEAN agreement on immigration. In this article, we will address some of the most frequently asked questions (FAQs) on this topic.

Q: What is the ASEAN agreement on immigration?

A: The ASEAN agreement on immigration is a regional agreement that aims to create an effective mechanism to advance liberalization and facilitate the movement of individuals in ASEAN, along with the free flow of skilled labor.

Q: What are the key provisions of the ASEAN agreement on immigration?

A: The key provisions of the ASEAN agreement on immigration include:

Article 1: The agreement aims to create an effective mechanism to advance liberalization and facilitate the movement of individuals in ASEAN.
Article 2: The agreement stresses the importance of collaboration between member countries to reduce obstacles in the labor movement.
Article 3: The agreement recognizes the right of each member country to determine its own immigration policies, taking into account its territorial principles and human rights obligations.

Q: What is the significance of the ASEAN agreement on immigration for Indonesia?

A: The ASEAN agreement on immigration is significant for Indonesia as it provides an opportunity for the country to integrate its national immigration policy with ASEAN agreement, thereby facilitating the movement of individuals and skilled labor in the region.

Q: How will the ASEAN agreement on immigration affect labor mobility in Indonesia?

A: The ASEAN agreement on immigration is expected to have a positive impact on labor mobility in Indonesia, as it will facilitate the movement of skilled labor and create new opportunities for employment and economic growth.

Q: What are the challenges associated with the implementation of the ASEAN agreement on immigration?

A: Some of the challenges associated with the implementation of the ASEAN agreement on immigration include:

The need to protect local labor rights and immigrants.
The need to establish mechanisms to prevent abuse of labor free flow.
The need to ensure that the agreement is implemented in a way that is consistent with the principles of human rights and territorial sovereignty.

Q: How can Indonesia ensure that its immigration policies are in line with the principles of the ASEAN agreement on immigration?

A: Indonesia can ensure that its immigration policies are in line with the principles of the ASEAN agreement on immigration by:

Reviewing its national immigration law to ensure that it is consistent with the principles of the ASEAN agreement.
Establishing a mechanism to protect local labor rights and immigrants.
Establishing a mechanism to prevent abuse of labor free flow.

Q: What are the benefits of the ASEAN agreement on immigration for Indonesia?

A: The benefits of the ASEAN agreement on immigration for Indonesia include:

The creation of new opportunities for employment and economic growth.
The facilitation of the movement of skilled labor in the region.
The enhancement of regional cooperation and integration.

Q: What are the next steps for Indonesia in implementing the ASEAN agreement on immigration?

A: The next steps for Indonesia in implementing the ASEAN agreement on immigration include:

Reviewing its national immigration law to ensure that it is consistent with the principles of the ASEAN agreement.
Establishing a mechanism to protect local labor rights and immigrants.
Establishing a mechanism to prevent abuse of labor free flow.

By understanding the ASEAN agreement on immigration and its implications for Indonesia, individuals and organizations can better navigate the complexities of regional cooperation and integration in the ASEAN region.