Can the Foundation Use Foreign Workers? – The legal basis of the new foundation was first published in 2001 which was ratified in the Law of the Republic of Indonesia Number 16 of 2001 concerning Foundations (Law No. 16 of 2001). Prior to the enactment of Law Number 16 of 2001 concerning Foundations, Indonesia did not yet have legislation that specifically regulates foundations.
In several articles in the Civil Code there are the words Foundation, but in that article there is no clear definition of the rules of a foundation regarding foundations. (Articles 365, 899, 900, 1680) and Rv (Article 6 paragraph 3, and article 236). Foundations in Indonesia so far have only referred to the Jurisprudence of the Hoogerechtshof decision in 1884 and the Supreme Court’s Decision dated June 27, 1973 Number 124/Sip/1973.
Even though it already has a Law on foundations in the form of Law No. 16 of 2001. However, in its development, this Law has not accommodated all the legal needs and developments in society, and there are several substances that can lead to various interpretations, it is necessary to make changes to the Law. the law. The government again changed it with Law Number 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations.
Based on the title above. Can the foundation employ foreign workers (TKA)?
Below we will discuss the use of foreign workers (TKA) in a foundation.
What is foundation?
A legal entity consisting of assets that are separated and intended to achieve certain goals in the social, religious and humanitarian fields, which has no members.
What is foreign worker (TKA)?
Foreign citizens holding visas with the intention of working in the territory lindungihutan.com of Indonesia. In the provisions of the regulation, it is reaffirmed that every employer who employs foreign workers is required to have written permission from the Minister or appointed official.
Requirements for foreign workers (TKA) to work in Indonesia?
- Have an education that is in accordance with the requirements of the position to be occupied by foreign workers;
- Have a certificate of competence or have work experience in accordance with the position to be occupied by foreign workers for at least 5 (five) years;
- Make a statement letter of obligation to transfer their expertise to the accompanying TKI as evidenced by a report on the implementation of education and training;
- Have NPWP for foreign workers who have worked for more than 6 (six) months;
- Have proof of insurance policy on insurance that is an Indonesian legal entity; and
- National Social Security participation for foreign workers who work more than 6 (six) months.
Positions allowed for foreign workers (TKA) at the Foundation?
Based on Government Regulation of The Republic Of Indonesia Number 63 Of 2008 Concerning Implementation Of Law Concerning Foundations, Articles 12 And 13.
Foundations established by foreigners or foreigners together with Indonesians, one of the members of the Management who serves as chairman, secretary, or treasurer must be held by an Indonesian citizen.
Definition of DPKK
Skills Development Fund, hereinafter referred to as DPKK, is a Fund from Users of Migrant Foreign Workers (TKWNAP) as referred to in Presidential Decree No. 75 of 1995 concerning the Employment of Migrant Migrant Workers.
Based on the Regulation of the Minister of Manpower Number 10 of 2018 concerning Procedures for the Use of Foreign Workers (Permenaker 10/2018) article 1 number 8 of the Regulation of the Minister of Manpower 10/2018 states that DKP-TKA is compensation that must be paid by employers of foreign workers for the use of foreign workers as non-tax state revenue or regional income.
The amount of DKP-TKA?
Referring to Article 35 of the Minister of Manpower No. 8 of 2021, the amount of DKPTKA that must be paid by Employers of Foreign Workers is US$100 (one hundred United States dollars) per position per person per month as PNBP or regional income in the form of regional levies.
Criteria for Foundations Exempted from DPKK/DKP-TKA Payments
- Employers of foreign workers from government agencies, representatives of foreign countries, and international agencies;
- The use of foreign workers in social institutions, religious institutions, and the use of foreign workers in certain positions in educational institutions; or
- Employers of foreign workers who employ foreign workers as members of the board of directors or members of the board of commissioners with share ownership in accordance with the provisions of the legislation.
Note: To be able to obtain Ratification of the RPTKA (work permit) of Non-DKP TKA, Employers of TKA must obtain a letter of approval from the relevant Ministry or Institution for the release of DKP-TKA.
This the information about positions for foreign workers for foundations. If you experience difficulties and ignorance in the process of applying for a Work Permit and Foreign Worker Visa.
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Source : lindungihutan.com