The official name for a work permit for foreign nationals is the Plan for Using Foreign Workers (RPTKA). The permit needs to go through a process of application and approval by the authorities because, through this document, the Indonesian immigration authorities will issue work visas for TKA.
Work Permit vs. ITAS/KITAS
The Legal Foreign Workers Employment Plan (RPTKA), this document provides detailed information on the specific duties, titles, and length of service of foreigners in Indonesia.
In March 2021, the Government of Indonesia issued Minister of Manpower Regulation (KemeNaker) No. 8/2021 which revises the Ministry of Manpower Regulation No. 10/2018 concerning the Use of Foreign Workers. The regulation stipulates that RPTKA is now a basic condition for granting limited stay visas (VITAS). After you receive your VITAS, the immigration office in Indonesia will issue a limited-stay permit automatically.
Work Permit vs. Business Visas
In Indonesia, many people still do not understand the difference between a work permit and a business visa. Foreigners visiting Indonesia on business need to know the appropriate type of visa. This is necessary to ensure that foreign nationals entering the country do not violate applicable immigration laws.
Two types of visas that are commonly used by businessmen in Indonesia are business visas and work permits. We have discussed these two types of visas in a previous article entitled Indonesian Business Visa.
Requirements for a Work Visa in Indonesia
It should be understood that work visa requirements are not the only requirements that workers must meet. Businesses as institutional sponsors and employers must also meet applicable requirements.
For Indonesian Employers
With reference to Article 3 of Permenaker No. 8/2021, the following types of institutions with the right to employ foreign workers in Indonesia are listed:
• Government agencies, international agencies and representatives of foreign countries.
• Representatives for foreign trade, news agencies, and representative offices.
• Foreign private companies
• Foreign legal entities, such as limited liability companies, foundations, or other business entities legally registered under Indonesian law.
• Social, religious, educational and cultural institutions.
• Entertainment management company
• Or other business entities permitted by law to employ foreign workers
According to Department of Labor Regulation No. 8/2021, individual CV registered companies are not allowed to hire foreign workers.
To obtain a valid RPTKA, a qualified employer must submit a document containing detailed information on the identity of the sponsoring company, reasons for hiring the TKA, details of the position to be held by the TKA in the organizational structure, the number of TKA, workers employed and the term of the contract, and so on. . Once submitted, the ministry will review all documents and conduct a feasibility study and issue the RPTKA.
For foreign employees
MoM Regulation No. 8 2021 also sets out general requirements for foreign workers to obtain a work permit in Indonesia. According to the regulations, the requirements are:
Sanctions for Not Having a Work Permit
Every foreign worker working in Indonesia, be it a director or other member, needs to have a valid residence permit and work permit. Not having a work permit is a serious legal violation of immigration regulations in Indonesia. Sponsor companies that do not comply with Indonesia's work permit policies will be subject to a fine of IDR 36 million.
Foreign workers living and working in Indonesia without a work permit can be fined in Rupiah. 5 million. This violation also means that foreign workers face up to five years in prison under Indonesian immigration law.
To avoid this situation, always consult an Indonesian visa agent for details and the latest version of immigration laws.
• Meet educational background requirements and qualify for the position.
• Have a competency certificate or at least five years of work experience related to the position.
• Willing to transfer expert knowledge and skills to local partners.
Please note that there are certain positions that foreign workers cannot fill. According to Labor Ministry Decree No. 349/2019, foreigners are not eligible to work in the following occupations and are not eligible to obtain a work permit:
• Director of Personnel
• Industrial Relations Manager
• Human Resource Management
• Supervisor of Personnel Development
• Supervisor of Personnel Recruitment
• Supervisor for Personnel Placement
• Employee Career Development Supervisor
• Personnel Declared Administrator
• Personnel and Career Specialist
• Personnel Specialist
• Employment Adviser
• Employment Advisers and Counselors
• Employee Mediator
• Job Training Administrator
• Job Interviewer
• Job Analyst, and;
• Occupational Safety Specialist
Trust Your Migration Affairs in Indonesia to Aurora Consultancy Group
The work permit application process in Indonesia can be complicated by unforeseen issues. Aurora Consultancy Group has a team of specialists who can assist you and simplify the whole process. Contact us today with click Contact Us or scan the barcode below.
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