(Expatriate) in Indonesia*
based on Major Labour Laws of Indonesia:
Law No.13 of 2003 on Manpower, and
Regulation of the Ministry of Manpower and Transmigration of the
Republic of Indonesia
Number 12 of 2013 concerning
Foreign Manpower Employing Procedures
Foreign Manpower
Tenaga Kerja Asing (Foreign worker)
Sponsorship Policy
Every employer thea employes Foreign Worker (Foreign
worker) is under obligation to obtain written
permission from Minister of Human Resource or
competent autority (: Director General of Human
Resource Placement Development / Director of Foreign
Manpower Employing Control.
An employer who is an individual person is prohibited
from employing foreign manpower
[Article 42 (2) Act No.13 of 2003].
Foreign worker-Employer
Employer Foreign worker, includes:
a. Government agencies, International agencies, representative
office of foreign countries;
b. Foreign trade representative office, foreign company
representative office, or foreign news representative;
c. foreign private companies;
d. Legal entity established base on laws in Indonesia, or foreign
firm registered in the outhorized institution in Indonesia;
e. social, religious, educational and cultural institutions
f. Impresariat service business
[Article 1 point 3 jo article 3 Ministery Decree No.12 of 2013]
Exceptions IMTA
The obligation to obtain permission from Minister of
Human Resource does not apply to representative
office of foreign countries in Indonesia that
employ foreign citizen as their diplomatic and
consuler employes.
[Article 42 (3) Act No.13 of 2003]
Online System
Application of foreign worker use and its service, since
RPTKA, recommendations by visa approval to work and
till IMTA published, should be done online through the
web Ministry of Labour
[Article 34 Per-12/2013]
RPTKA
Foreign Manpower Employing Plan
RPTKA
(Foreign Manpower Employing Plan)
Employer (Foreign worker-Employer) to hire Foreign
worker (foreign manpower) shall process RPTKA, contain :
a. alasan penggunaan Foreign worker;
b. Jabatan / kedudukan Foreign worker
c. Jangka waktu mempekerjakan Foreign worker
d. Penunjukan TK-WNI sbg pendamping Foreign worker
Exception of RPTK:
Government Institution;
International Agencies (WHO, UNHCR, IMF);
Representative of foreign countries -in hostcountry(Ps.43(1)-UU);
RPTKA is the base of getting permission (IMTA)
[article 3 paragraph (4)-Permen-No.12 of 2013]
Procedurees
of RPTKA Validation Proposal
To obtain RPTKA validation, Foreign worker-employer shall give proposal written (or
on-line system) and equipped with Foreign worker Employment by attaching:
a. reasons for the use of foreign manpower;
b. RPTKA Forms having been complited;
c. Business Authorization Letter (from authorized institution).
d. establishment act as legal firm having been validated by authorized officials;
e. companys residence acknowledgement from local governments;
f. companys organizational structure scheme;
g. Assignment letter as hired Foreign worker assistant;
h. a statement of willingness to implement education and training for workers of
Indonesia in accordance with the qualifying position occupied Foreign worker
i. Copy of employment report obligation still valid based on Law Number 7 Year 1981
regarding Employment Report Obligation at Companies
j. Recommendation of Position to be held by the Foreign worker from certain
institution if needed.
[vide Regulation of the Ministry of Manpower and Transmigration of the Republic of
Indonesia Number 12 of 2013 concerning Foreign Manpower Employing Procedures,
hereIndonesiafter referred as Regl.of Ministery, Article 7].
Ratification RPTKA
For temporary employment
Ratification of RPTKA for temporary employment,
includes:
Reasons for the use of foreign workers;
Position and / or status of Foreign worker;
The number of foreign workers;
Work location Foreign worker; and
Period of its use *.
[Article 10 Ministry Regulation-12/2013].
Application of RPTKA
for Emergency Work
The jobs that categorize as emergency, it is urgent work that when
ill dealt a fatal result in losses for the company and / or the
general public [Ps. 1 a7 Per-12/2013]
RPTKA Emergency Application (written) with attach:
Reasons for the use of foreign workers;
complete a form (al: ID sponsors; job and job-disc Foreign worker
Total Foreign worker period of use of foreign workers.
License (sponsor) of the institution concerned.
Statement of Sponsor regarding the Emergency.
Emergency RPTKA, granted only for a period of 1 (one) month
and can not be extended.
RPTKA issue 1 (one) working days after the request comes.
(Ps.12 and 13 and 15 Ministry Regulation-12 Th.2013)
RPTKA of KEK
(Special Economy Area)
KEK, is the area defined in the Homeland
For organizing functions that are specific
economic and acquire certain facilities
[Article 1 paragraph 10 Per-12/2013].
RPTKA of KEK
Written Application submitted to the officer who
was appointed in KEK, along with reasons for the
use of foreign workers and attach terms (mutatis
mutandis) in accordance with the regular;
Officials at KEK, is representative of the Head
Office"
Exceptions, only on the authority of officials
related to the number of foreign workers (50
people or less)
(Article 16 jo 21 Per-12/2013)
Application RPTKA
Impresariat
Impresario Services, is the management of the
organization of entertainment activities in Indonesia,
either bring or repatriate foreign workers in the field of
art and or are temporary.
(Ps.1 9s Ministry Regulation-12/2013)
Ratification RPTKA
In matters eligibility assessment was appropriate terms and
conditions, in 4 (four) working days DG / Director publish
endorsement, respectively:
Decrees For 50 people / more
SK PPTKA Director for approximately 50 org (Ps.20-21 Per12/2013)
SK Endorsement RPTKA, includes:
a. Reasons for the use of foreign workers;
b. job Foreign worker
c. The number of foreign workers and Wages
d. Location of work;
e. Time period
f. Total companion
g. The number of migrant workers who are employed (Ps.22 (1)
Per-12/2013)
Changes in RPTKA
Application changes RPTKA (addressed to the
Director / Director), carried out before the expiration
of written RPTKA, include:
a. Change the name of the company (sponsor)
b. Change of address of the sponsor (company)
c. Change of position;
d. Change work location;
e. Increasing the number of foreign workers; and/or
f. Citizenship changes
(Ps.25 (3) Ministry Regulation -12/2013)
Extension IMTA
Once all requirements are met, then each authorized
(Director of PPTKA), Head (Prop / Regency / City)
published the IMTA (Extension)
IMTA interchangeable extended in accordance with
RPTKA for period of 1 (one) year, except for the office
of member of the Board of Directors / Commissioners.
For the post of member of the Board of Directors /
Commissioners, extension 2 (two) years [Article 37 (3)]
IMTA Extension, used as a basis for extending Permit
(ITAS)
(Ps.37 (4) Minister Regulation -12/2013)
statement emergencies;
Passport copy of Foreign worker;
Foreign workers photographs, three pieces of 4x6 sized
Evidence DPKK
copy RPTKA
ITAP copy;
Curriculum Vitae;
copy of diploma / work experience;
evidence "DPKK"
copy of the insurance policy
Photo, 4x6 (3x)
Revocation IMTA
In the case of An employer hiring foreign workers who
are not in accordance with the work in the IMTA, then
PPTKA Director, Head of the Provincial / District /
Municipal authority to revoke IMTA of the respective
sponsors appropriate authority
(Article 51 Minister Regulation 12/2013)
Dual Positions
An employer is prohibited to employ foreign
workers dual position, both within the same
company, or the company (sponsor) other;
Similarly Foreign worker employer is prohibited to
employ foreign workers who are already employed
by the employer other Foreign worker.
Exempted from the prohibition double post, is a
member of the Board of Directors or the Board of
Commissioners [Article 33 Per-12/2013]
Obligation
of Employer of Foreign Woker
Paid Expertise and Skill Development Fund
DPKK or DKP-Foreign worker (Artic.47 UUK);
Continue to exclude in the programs of Social
Insurance [Candy-02/2004]
Return foreign workers after the end of the legal
relationship (Article.48 Labor Law)
Conditions "DPKK"
or DKP-Foreign worker
The type of PNBP prevailing at Manpower includes
income derived from:
a. Job training services;
b. Expertise and Skill Development Fund (DKP-Foreign
worker)
c. Testing and Inspection Services K3 (Healt and Safety);
d. K3 Training Services; and
e. Education and training services.
Government Agencies;
Representatives of Foreign Countries;
International Agencies (WHO, ILO, UNICEF);
Social institutions;
Religious institutions; and
Certain positions in educational institutions, which is:
Principal and Teachers (Foreign worker) at the
Institute of Education an embassy (in the host country)
Lecturers and / or researchers in the PT based K.S. PT Overseas
(Article 47 paragraph (2) and (3) in conjunction with Article 4 Minister
Regulation 223 / Men / 2003)
Conclusion
The authority of the
Ministry of Manpower and
Transmigration
RPTKA (early)
Extension RPTKA (interprovincial)
RPTKA Change
Giving Re-Visa and
Publishing IMTA (early)
Issuance of Work Permit
Extension (interprovincial
Endorsement "RPTKA
Extension" illcontaining changes
and work location
(Foreign worker) it in
one province
Publishing "Work
Permit Renewal" for
foreign workers who
work locations across
districts /
municipalities in the
same province
Thank you
See you in other event
Umar Kasim
Phone number : +628129570502
Email : markas.umar@yahoo.com
This content is for general information purposes only, and should not be used as a substitute
for consultation with professional advisors.
2015 [Umar Kasim]. All rights reserved.