Hiring Foreign Pilots in Indonesia – Pilot is airplane driver, pilot or airman is the name for a person who piloted or manned an airplane. As a profession that demands expertise / skills in piloting an airplane, a pilot must take official exams held by aviation schools and aviation authorities. If declared to have passed the exam, a pilot will receive a flight certification or pilot license, which is a letter acknowledging the pilot’s ability (competence) to fly an aircraft of a certain type/size.
In his duties in the cockpit of the aircraft, the pilot is assisted by a co-pilot. During the flight since the last door is closed for take off until the first door is opened after landing, the pilot and co-pilot will follow the registered and programmed flight paths through the assistance of the aircraft navigation system and follow the information provided by the traffic control tower at airports and flight traffic service officers along the way.
Then, can you employ a pilot who is a foreign national at an Indonesian Aviation Company?
This article is the third update of an article entitled What are the Requirements for Foreign Workers to Become Pilots in Indonesian Aviation Companies? made by Umar Kasim and published the first time on Tuesday, October 5, 2010, then updated the first time on Wednesday, August 24, 2016 and the second time on Monday, July 30 2018.
Yes can do. Basically, the requirements for foreign workers/ expatriate (TKA) to become pilots in Indonesian aviation companies are the same as the requirements for hiring foreign workers in general.
Foreign workers/ expatriate (TKA) can be employed in Indonesia only in a work relationship, for a certain position and for a certain time and have the competence according to the position to be occupied. This means that foreign workers who are employed in Indonesia, including for pilot positions, must have sponsors, i.e : companies or foreign workers who employ them on the basis of a work agreement. In other words, foreign workers should not become “independent workers”.
Additional information: It should also be noted that in order to employ a Foreign Pilot, there is usually an Additional Permit that must be held by a Foreign Pilot issued by the Ministry of Transportation for the position (pilot).
What are The Requirements for Hiring The Foreign Pilot (TKA)?
For a Pilot to work in Indonesia, a Pilot must meet the following requirements:
- Employer Requirements for Employing Foreign Workers From the employer side, the TKA employer (sponsor) must be in the form of a corporation (either a legal entity or other entities). This is because in the use of foreign workers, Indonesia adheres to the principle of corporate sponsorship, so that individual employers are prohibited from employing foreign workers. The most important requirement from the employer’s side is that every employer who will employ foreign workers, including aviation companies, is obliged to have a permit to employ foreign workers in the form of a Foreign Worker Utilization Plan (“RPTKA”) which is legalized by the government. Thus, business actors who will employ foreign workers must apply for RPTKA approval.
- Having education in accordance with the qualifications of the position to be occupied by a foreign worker;
- Have a competency certificate or have had work experience of at least 5 years in accordance with the qualifications of the position to be held by a foreign worker;
- Transferring skills to accompanying workers;
- have a Taxpayer Identification Number for foreign workers who have worked for more than 6 months; and
- Has a Limited Stay Permit (ITAS) for work issued by the competent authority.
It should be remembered, even though the workforce to be employed has fulfilled these requirements, it must also be seen whether the position or job to be given to the TKA is a position that is not prohibited and is allowed to be occupied by the TKA, considering that not all positions / jobs can be occupied by foreign workers. TKA.
Positions Prohibited from Holding Foreign Workers The Job Creation Law stipulates that foreign workers are prohibited from holding positions in charge of personnel. As for the Attachment to the Decree of the Minister of Manpower Number 349 of 2019 concerning Certain Positions Prohibited from Occupying Foreign Workers (“Kepmenaker 349/2019”) the positions that are prohibited from being held by foreign workers are:
- Personnel Director;
- Industrial Relations Manager;
- Human Resource Manager;
- Personnel Development Supervisor;
- Personnel Recruitment Supervisor;
- Personnel Placement Supervisor;
- Emlployee Career Development Supervisor;
- Personnel Declare Administrator;
- Personnel and Careers Specialists;
- Personnel Specialist;
- Career Advisor;
- Job Advisor;
- Job Advisor and Counseling;
- Employee Mediator;
- Job Training Administrator;
- Job Interviewer;
- Job Analyst;
- Occupational Safety Specialist.
In addition, you must also see whether the position of a pilot can be awarded to foreign workers in the field of aviation or air transportation. This can be seen in the Attachment to the Minister of Manpower Decree Number 228 of 2019 concerning Certain Positions That Foreign Workers Can Hold (“Kepmenaker 228/2019”). Based on these provisions, pilots are included in positions that can be held by foreign workers in the main category of air transportation and warehousing. However, it should also be noted that in addition to the previously described requirements, for the position of a pilot, as explained in the article on Requirements for Foreign Pilots at National Airlines to be Tightened, the Ministry of Transportation in this case the Directorate General of Civil Aviation requires foreign pilots to use an Indonesian license or to validate. The license must have at least 250 hours of experience flying on the type of aircraft to be flown.
This information was obtained from Hukum Online (https://www.hukumonline.com/klinik/detail/ulasan/cl5232/syarat-mempekerjakan-pilot-asing-di-indonesia/ ) and several other sources
If you experience difficulties and ignorance in processing permits in Indonesia, related to the procedures and legal foundations that apply in Indonesia.
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