Managing Permits for the Use of Foreign Workers in Indonesia – Opening horizons and seeking new experiences into the international job market and moving to overseas for work can be very rewarding. There are many benefits to be had, from experiencing another culture to strengthening a professional portfolio and a better salary and a higher quality of life, or being with family.

Before deciding to move overseas for work, many things need to be prepared, including: Documentation Process. The process of obtaining proper documentation for living and working to overseas can seem like an endless maze of bureaucracy. New laws and regulations as well as on regulations that are enacted and enforced.

Relatively smooth processing of documents for foreigners to live and work is needed. The following is a review of the documents required for a work permit for foreign workers who will work and stay in Indonesia temporarily.

What is a Foreign Worker Permit (TKA)?

Foreign Worker Permit is a decree that regulates the rules for allowing Foreign Citizens to be able to work in companies in Indonesia. This permit can be granted for 1 years & for a maximum of 2 years and can be extended.

Who can employ foreign workers (TKA) in Indonesia

1. Government agencies, representatives of foreign countries, and international agencies;
2. Foreign trade representative offices, representative offices of foreign companies, and foreign news agencies conducting activities in Indonesia;
3. Foreign private companies operating in Indonesia;
4. A legal entity in the form of a Limited Liability Company or foundation established under Indonesian law or a foreign business entity registered with the competent authority;
5. Social, religious, educational, and cultural institutions;
6. Impresario/Impresariat services business; and
7. Business entities to the extent permitted by law to use foreign workers.

Notes: Limited Liability Companies as referred to in point 4 are excluded for Limited Liability Companies in the form of individual legal entities.

Requirements to get Ratification RPTKA/Work Permit

Foreign Workers Document

1. Education certificate;
2. Certificate of competence or work experience;
3. A work agreement or other agreement with the employer of the foreign worker;
4. Foreign national passport (color);
5. 4×6 color passport photo with a red background;
6. Foreign workers employer document;
7. Letter of application for approval of RPTKA;
8. A letter of assignment or a power of attorney from the leader of the foreign workers employer;
9. Application letter to the director general of immigration for visa application in the context of work;
10. Current account or savings account of the employer of the foreign workers;
11. Approval letter Rp. 0.00 (zero rupiah); if any
12. Certificate of appointment of foreign workers assistance; and
13. Statement letter from the employer of foreign workers as guarantor of the foreigner.

Procedure for Managing Foreign Worker Permits (TKA)

After fulfilling all the necessary requirements then the foreign worker permit can be processed. with the following steps:

1. Register to get the RPTKA online queue
2. Fill in the RPTKA document form
3. Upload the RPTKA document
4. RPTKA verification and exposure scheduling by the Ministry of Manpower
5. RPTKA ratification
6. RPTKA holder

Procedure for Application for Ratification of RPTKA

In addition to having to have a permit to employ foreign workers (ratification of the RPTKA), previously the employer must have the results of the Feasibility Assessment validated by the appointed official.

Employers who will employ foreign workers must have the results of the Feasibility Assessment which is used as the basis for obtaining a Permit to Employ Foreign Workers (ratification of the RPTKA). To obtain RPTKA ratification, employers of foreign workers must submit an online application which is accompanied by reasons for using foreign workers by attaching:

1. Completed RPTKA form;
2. Application letter;
3. Business identification number;
4. Business license from the competent authority;
5. Deed of establishment as a legal entity that has been ratified by the competent authority;
6. Information on the domicile of the company from the local government;
7. Company organizational structure chart;
8. Letter of appointment of TKI as a companion of the employed TKA;
9. Evidence of mandatory employment reporting that is still valid based on Law Number 7 of 1981 concerning Mandatory Reporting on Employment in companies; and
10. Recommendation of positions to be occupied by foreign workers from certain agencies if necessary;
11. Realization Report.

The RPTKA form as referred to in letter a contains:

1. The identity of the foreign worker’s employer;
2. The position and/or position of the foreign worker in the organizational chart structure of the company concerned;
3. The amount of wages for foreign workers to be paid;
4. Number of foreign workers;
5. Work location of foreign workers;
6. The period of use of foreign workers;
7. Appointment of Indonesian citizen workers as assistants to employed foreign workers; and
8. Planned education and training programs for Indonesian workers.

If the results of the feasibility assessment have been issued, the next step is filling in the data for foreign workers. For more detail, can contact us!

Sanctions for Violators of Foreign Workers Licensing Provisions

For companies that violate the requirements, procedures, and procedures for licensing foreign workers, they will be given the following sanctions.

Service Delay

If the company does not register foreign workers in the insurance and Social Security programs that have been determined by the government, they will be subject to sanctions for delaying the service of worker permits by the Ministry of Manpower.

Temporary Termination of the Licensing Process

This sanction applies if the company that uses foreign workers does not have an RPTKA that is legalized by the government. In addition, companies that do not appoint assistants for foreign workers are also subject to similar sanctions.

Work Permit Revocation

If the company has employed foreign workers in personnel positions, this sanction will be imposed. Then, if the company does not pay the DKP-TKA fees, the foreign workers will also be subject to this penalty.

Closing

This is a review and practical guide for Foreign Worker Permits in Indonesia. If you experience difficulties and ignorance in the process of applying for a Work Permit and Foreign Worker Visa.

We are Indoservice, Immigration Service Consultants, as a trusted and experienced formality service provider, committed to providing the best and fast service to meet your needs for Foreign Work Permits, Visas, KITAS, KITAP, and other immigration documents. Contact us now at email admin@indoservice.co.id or Telp. and Whats App at +62877-1449-8500 for special offers.

Important Notice:

1. The purpose of the use of foreign workers is to meet the needs of skilled and professional workers in certain fields that have not been filled by Indonesian workers and to accelerate the national development process by accelerating the transfer of knowledge and technology (IPTEK) and increasing foreign investment to support development in Indonesia;
2. Work Permit & Stay Permit for Directors & Commissioners as Shareholders. Taking into account Article 10 paragraph (1) letter a of Presidential Regulation No. 20 of 2018 concerning the Use of Foreign Workers and Article 10 paragraph (1) letter b of Regulation of the Minister of Manpower No. 10 of 2018 concerning Procedures for the Use of Foreign Workers, in the issuance of an immigration stay permit: Foreigners as Directors/Commissioners who are also shareholders are not required to have a Foreign Manpower Employment Plan (RPTKA);
3. Foreign workers are not allowed to fill personnel positions in a company. In addition, companies must prioritize workers from Indonesia to fill all available positions.