Post on 15-Jun-2020
Ministry of Manpower of the Republic of Indonesia
Directorate General Development of Employment Placement and Employment Expansion
Directorate Controlling of Foreign Worker Utilization
Ministry of Manpower of Republic of Indonesia Directorate General Development of Employment Placement and Employment Expansion
Controlling of Foreign Worker Utilization
PRESIDENTIAL REGULATION
20 OF 2018On Foreign Worker Utilization
PRESIDENTIAL REGULATION 20/2018
AT GLANCE1. Improving Competitiveness
• Indonesian competitiveness level is still below the average than ASEAN
countries as follows:
Singapore
Malaysia
Thailand
Brunei Darussalam
Vietnam
• Improving competitiveness through:
Deregulation and debureaucracy
Simplifying the Procedures
Simplifying the scheme using integrated online system
Implementing “ease of doing business”
FOREIGN WORKER UTILIZATION
IN PRINCIPE
1. Foreign worker utilization must
prioritize local workers in all
occupational level
2. The scope of Foreign Worker Utilization
• Sponsorship
• Certain position
• Certain time
• Domestic labour market consideration
MINISTERIAL REGULATION
10 OF 2018
MINISTER OF MANPOWER
on Procedure of Foreign Worker Utilization
Ministry of Manpower of Republic of Indonesia Director General Development of Employment Placement and Employment Expansion
Directorate Controlling of Foreign Worker Utilization
SIMPLIFICATION PROCEDURE
OF FOREIGN WORKER UTILIZATION (FWU)No. Comparison Item Ministerial Regulation
16 jo. 35 of 2015Ministerial Regulation
10 of 2018
1 FWU Permit Work Permit issued as IMTA (Izin
Mempekerjakan Tenaga Kerja
Asing)
Work Permit issued as RPTKA
(Rencana Penggunaan Tenaga
Kerja Asing)
2 FWU Approval RPTKA and IMTA RPTKA and Notification
3 Duration of Service 6 Days
• RPTKA : 3 days
• IMTA : 3 days
4 days
• RPTKA : 2 days
• Notification : 2 days
4 Other Institution
Recommendation
Recommendation is needed None
• Requirement and prohibition to
be established by ministerial
decree
5 Form of Services • Semi Online
• Partially integrated system
• Online
• Fully integrated system
6 RPTKA Validity 1 year, extendable As per contract/ work agreement
No. Comparison Item Ministerial Regulation 16 jo. 35 of 2015
Ministerial Regulation 10 of 2018
7 Director/commissioner :
a. Shareholder Work Permit Required
Work Permit NOT Required
• For investor
• Not in working relationship
b. Non Shareholder Work Permit Required Work Permit Required
8 Course of Bahasa No Obligation to facilitate Employer is obligated to facilitate
9 Dual Occupation Restricted to Director/Commissioner 1. Director or Commissioner
2. Certain sectoral position as
follows:
• Education and Vocational
Training
• Oil and Gas (KKKS)
• FinTech
10 RPTKA in case of Emergency RPTKA issued at the time as arrival RPTKA issued 2 days at the latest
post-arrival
EMPLOYER’S OBLIGATIONS
EMPLOYER’S
OBLIGATIONS
Obtained Foreign
Worker Utilization
Plan (RPTKA)
Contribute the
Compensation
Fund (DKP-TKA)
Ensure the
foreign worker
registered on
health insurance
program
Ensure the foreign
worker registered on
National Social
Security program
Appoint
Indonesian worker
as counterpart.
Implement the
education and
training
programs
Facilitate the
course of Bahasa
Indonesia for the
foreign worker.
Employer must
report the utilization
program to Minister
or appointed official
annually.
1
2
3
4 8
7
5
6
THE FOREIGN WORKERS
UTILIZATION
Foreign Workers Utilization is acertain-time-and-certain-positionworking relationship;
Personnel affairs (and certainpositions) are prohibited forexpatriate in accordance withprevailing laws and regulations.
Prohibition (negative list) andCertain Positions which are allowed(positive list) for expatriate shall beestablished by the Minister
TYPE OF RPTKA
(EXPATRIATE EMPLOYMENT PLANNING)
SUBMISSION OF THE RPTKA
1
Employer’s detail identity
Number of Indonesian workers
employed;
Annual plan of Indonesian labor
absorption;
Annual foreign workers utilization plan
according to the work agreement or
employment agreement;
Counterpart’s detail;
and reasons of utilize expatriate
purposes.
Fill in :
2
Work Agreement or Employment
Agreement Plan;
Organizational Structure Chart;
Statement letter of Counterparts
Appointment;
Statement letter of implementation of
education and training for Indonesian
worker;
Statement letter for Emergency and
Urgent situation.
Upload :
APPROVAL OF RPTKA
a. Director: for less than 50 (fifty) expatriate(s)
b. Director General: for more than 50 (fifty) expatriate(s);
a. Number and date of approval;
b. Name and address of the company/employer;
c. RPTKA included:
1) type of position and number of expatriate employed;
2) work location and length of utilization;
3) number of counterpart;
4) expatriate’s amount of salary.
d. Annual plan of Indonesian labor absorption;
e. Validity period of the RPTKA.
1. RPTKA approval :
2. Approval of RPTKA consist of:
EXCEPTIONAL (RPTKA)
1.Goverment agencies/institutions,
2.Representatives offices of foreign countries,
3.International organisations;
4.Board of director, board of commissioner, and
members as shareholders in accordance with
prevailing laws and regulations.
EMERGENCY RPTKA
Arrangement: at the latest 2 (two) days during the expatriate employed, should apply for RPTKA to the Director General
or Director using online system.
Once completed, Director General or Director shall issued
the RPTKA within 1 (one) working day.
RPTKA in terms of emergency and urgent situation issued for a
maximum period of 1 (one) month and non-extendable.
SHORT-TERM RPTKA
“RPTKA approval for short-term issued for
maximum period of 6 (six) months and non-extendable”
RPTKA is granted for :
Commercial film making which has received permission from the
authorized institution;
Conducting Audit, product quality controlling , or inspection on
branch-companies in Indonesia for a period of more than 1 (one)
month;
Work related to the installation of machinery,
electrical, after sales service, or products during the business assessment;
Impresario or entertainment business.
AMENDMENT OF RPTKA
NOTIFICATION
Approval of the foreign workers utilization issued by the Director General
Development of Employment Placement and Employment Expansion as
the legal basis of ITAS (Limited Stay Permit) issuance
Period time of Notification based on Work Agreement
Employer required to pay the compensation fund up to 1 (one) day
Director General of Immigration using Notification as the legal
basis of VITAS (Limited Stay Visa) issuance
Application for the Notification accessible at: tka-online.kemnaker.go.id
NOTIFICATION REQUIREMENTS
Upload document(s):1. Expatriate document:
• education certificate;
• working experience certificate or competence;
• photograph;
• proof of polis insurance;
• draft of contract/work agreement;
• affidavit of appointed Indonesian worker as
counterpart;
• expatriate passport;
• accounts / savings of expatriate or employer;
2. Employer document:
• application letter to Director General or Director;
• application letter to Director General of
Immigration for the submission of Vitas (Limited
Stay Visa);
• guarantee statement from employer of
expatriate;
• employer’s identity number;
• approval letter Rp0,00 (zero rupiah).
Fill up a form:1. Referral code and location of the
Representative offices of the Republic of
Indonesia;
2. Expatriate detail:
• name;
• date and birth place;
• sex;
• marital status (married/widow/single);
• nationality;
• passport;
• education background;
• address and postal code;
• e-mail;
• mobile number;
• phone number;
3. Expatriate occupation:
• occupation and Indonesian standard
classification code;
• occupational levels;
• working period.
EXCEPTIONAL FOR NOTIFICATION
Notification is exceptional to those who are:
Shareholders who serve as members ofBoard of Directors / Board of Commissionerin accordance with prevailing laws andregulations.
Diplomatic official
Consular
COMPENSATION FUND OF FOREIGN WORKER
UTILIZATION (LEVY)
3
• The Employers of Foreign Workers are required to pay compensation fund (Levy) US$100 / per occupation/month/person as Non-State Tax Revenue (PNBP / Penerimaan Negara Bukan Pajak) or Provincial Revenue
• Payment scheme / method as follows:
Year 1 (new)
Inter-Provincial
Inter-
Regency/City in
single Province
One
Regency/City
Type of Payment
PNBP Bank Persepsi
(Bank BNI,
Bank BRI,
Bank Mandiri )
None
Payment alertsPlace of PaymentWork locationYear of Payment Remarks
Year 2
and so forth..
Inter-Provincial 1 month
prior to the
expiration date of
notification
1 542 6
Inter-
Regency/City
Local
District/City
Bank Persepsi
(Bank BNI, Bank
BRI, Bank
Mandiri )
Appointed Local
Bank
According to
Regional
Regulation
Local Revenue
PNBP
IMPLEMENTATION OF EDUCATION AND
TRAINING
1
23
4
PROGRESS REPORT
1
2
Employer must report the implementation of
Foreign Worker utilization in annual basis to
Director General.
Report as referred to in point 1 consists of:
a. Implementation of Foreign Worker
Utilization;
b. Implementation of education and
training for Indonesian workers;
c. Report of employment agreement past
due.
DEVELOPMENT
1. Development scheme :
a. socialization of laws and regulation on foreign workers utilization;
b. counseling about rights and restrictions on foreign workers utilization
2. Development of Employer on expatriate utilization and implementation
of education and training for Indonesian worker conducted by :
a. Ministry of Manpower;
b. Provincial government;
c. Regency/city level government whose duties and responsibilities
are concerned with manpower sector in accordance with its authority.
Temporary termination of licensing process;
SANCTIONS
The following
Administrative
sanctions are:Notification revoke; and/or
Delay of licensing process;
Other sanctions in accordance with
prevailing laws and regulations
DELAY OF SERVICES SANCTION
1
TEMPORARY SUSPENSION
OF FOREIGN WORKER UTILIZATION PROCESS
SANCTION
Administrative sanction such “temporary suspension of foreign worker utilization process” granted to employer who commit violation:
a. Does not have legal RPTKA authorized by Minister orappointed official
b. Fail to appoint Indonesian worker/counterpart in order totransfer knowledge and technology
c. Disobey to implement the education and training for Indonesianworker/counterpart, and/or
d. Fail to facilitate the education and training of Bahasa Indonesiacourse to foreign worker employed
1
NOTIFICATION REVOKED
SANCTION
Administrative sanction such “Notification Revoked” is granted toemployer who commit violation :
• Employs foreign worker applying prohibited positions; and/or
• Unable to contribute the compensation fund or levy.
SANCTION REMOVAL
FOREIGN WORKER UTILIZATION
FLOW CHART
EMPLOYER
SIPPTKAAPPLICATION
VISA-
ONLINEAPPLICATION
VERIFICATION
APPROVED
DECLINED
NOTIFICATION
APPROVAL
LEVY
PAYMENT
TRANSMITTING
THE NOTIFICATION CLEARANCE HOUSE
EXPATRIATE
IMMIGRATIONAL STATUS
BILLING CODE TRIGGERING
THE IMIGRATION FEE PAYMENT
VISA APPROVED (TELEX),
STICKER VISA, ITAS, IMK& USAGE OF TI
EXPATRIATE
BACKGROUND
WORK VISA
APPROVED
12
3
45
6
7
8
9
1011
VISA
ISSUED
INDONESIAN
REPRESENTATIVE
ABROAD
12
LIMITED STAY PERMIT (ITAS) GRANTED
(QR CODE)
ENTRY STAMP
EXPATRIATE ENTERS
INDONESIAN TERRITORY
THROUGHIMMIGRATION CHECKPOINT
13
LIMITED STAY PERMIT (ITAS)
ONLINE APLICATION
LIMITED STAY PERMIT
EXTENDABLE
14
EXIT PERMIT ONLY
& EMBARCATION
END OF
CONTRACT/WORK AGREEMENT
OR TERMINATION
: At this point, rejection possibly occurred note :
ONLINE SINGLE SUBMISSION
Integrating system TKA Online-Immigration
VERIFICATOR 2
INFORMATION