WG S N =8 a=J/ 8 #77# JS#=8 G J7#S · Work Permit that has been obtained by Employers prior to the...

UPDATES ON WORK AND

IMMIGRATION PERMIT

Stephen Igor Warokka Angky Banggaditya

Outline

Procedures to Obtain Work and Immigration Permits for Expatriate

Visas and Permitted Activities

Work Permit Extension

Allowed Positions for Expatriate

Other Updates

SSEK INDONESIAN LEGAL CONSULTANTS | 2

PROCEDURES TO OBTAIN WORK ANDIMMIGRATION PERMITS FOR EXPATRIATE

PR No. 20 of 2018 regarding Utilization

of Foreign Worker dated March 29, 2018

(“PR 20/2018”)

Revoking Presidential Regulation No. 72 of 2014

regarding Utilization of Foreign Worker and Co-

Worker Education and Training Implementation

dated July 11, 2014.

Revoking MOM Reg. 16/2015 regarding

Procedure of Foreign Worker Utilization as

amended by MOM Reg. 35/2015.

Complementing MOLHR Regulation No. 24 of

2016 regarding Technical Procedure of the

Application and Grant of Visitor Visa and

Limited Stay Visa dated July 19, 2016.

MOM Regulation No. 10 of 2018 regarding

Procedure of Foreign Worker Utilization dated July

11, 2018.

MOLHR Regulation No. 16 of 2018 regarding

Procedure of Granting Visas and Stay Permits for

Expatriate Manpower dated July 27, 2018 (“MOLHR

Reg. 16/2018”)


PROCEDURES TO

OBTAIN WORK AND

IMMIGRATION

PERMITS FOR

EXPATRIATE

Expatriate Manpower Utilization

Plan or RPTKA

The RPTKA application is made online using the employer’s

TKA online account registered at www.tka-online.naker.go.id.

After submission of complete documents, the applicant will

receive a receipt and schedule for a Skype Session with the

representative of the Ministry of Manpower (“MOM”) to review

the fulfillment of the requirements and the approval for the

expatriate’s work period.

The validity period of RPTKA is in accordance with the

employment period stipulated under the employment or

project contract.

The approved RPTKA serves as work permit for expatriates,

replacing the role of IMTA.


PROCEDURES TO

OBTAIN WORK AND

IMMIGRATION

PERMITS FOR

EXPATRIATE

Required Documents for RPTKA

Documents to be uploadedData to be filled in

The identity of the

employer

The number of Indonesian

workers

Indonesian workers

absorption plan each year

The expatriates utilization

plan every year in

accordance with the

employment contract or

project agreement

The data of Indonesian co-

worker (TKI Pendamping)

The reason for expatriate

utilization

Draft of expatriate

employment contract

Company’s

organizational chart

Indonesian co-worker

appointment letter

Statement letter to

carry out education

and job training for

Indonesian co-workers

in accordance with

the position occupied

by the expatriate


PROCEDURES TO OBTAIN WORK AND

IMMIGRATION PERMITS FOR EXPATRIATE

Can be granted for :

commercial filmmaking;

audits, quality control or inspection of company’s branch

offices for more than 1 (one) month;

work related to installation of machinery, electrical, after-

sales service or products; and

impresario service

Temporary RPTKA is issued for a maximum of

6 (six) months .

Temporary RPTKA




Can be applied max.

2 days after the

arrival of the TKA

Issued by MOM in

1 (one) business

day

Maximum 1 (one)

month and is non-

extendable

Emergency and Urgent RPTKA




Notification

Approval issued by

the MOM as basis to

issue VITAS and ITAS

Time period in

Notification is

based on

Employment

Contract

DKP-TKA payment

deadline: 1 (one)

business day


PROCEDURES

TO OBTAIN

WORK AND

IMMIGRATION

PERMITS FOR

EXPATRIATE

ONLINE TOOLS

Presentations are

communication tools

that can be used as

demonstrations.

TO BE FILLED IN

Referral code and location of

the embassy / consulate of

the Republic of Indonesia

Required Documents for Notification

TO BE UPLOADED

TKA DETAILS :

Name

Date & Place of

Birth

Sex

Marital status

Nationality

Passport

Edu. background

Address and

post.code

Email

Phone number

TKA POSITION :

Position and Indonesian standard

classification code

Position level

Working period

TKA DETAILS :

Edu. Certificate

Working exp./

certificate of

competence

Photograph

Insurance policy

Employment

contract draft

Proof of appointed

Co-worker

Passport

Copy of bank

statement of TKA or

TKA Employer

TKA EMPLOYER DOCUMENTS :

Application letter to DG or Director

Application to DGI for VITAS

TKA guarantor statement

TKA Employer ID number

Rp. 0 Approval Letter


Work Permit Application Flow Chart



RPTKA

APPLICATION

RPTKA

APPROVAL

NOTIFICATION

APPLICATION

VITAS

APPLICATION

DKP-TKA

PAYMENT

ITAS

COLLECTION

VITAS

COLLECTION

NOTIFICATION

ISSUANCE


VISAS AND PERMITTED ACTIVITIES

VISA ON

ARRIVAL (VISA

INDEX B213):

30 + 30 DAYS

SINGLE ENTRY

VISIT VISA

(VISA INDEX

B211A/B/C): 60

+ 120 DAYS

MULTIPLE

ENTRY VISIT

VISA (VISA

INDEX D212): 5

YEARS, MUST

EXIT EVERY 60

DAYS**

LIMITED STAY

VISA OR

“VITAS” (VISA

INDEX C311-

319): UTILIZED

60 DAYS AS

OF ISSUANCE

MOLHR Reg. No. 24 of 2016 Regarding Technical Procedures for the Application and Granting of Visit Visas and Limited

Stay Visas as amended by MOLHR Reg. No. 51 of 2016

Government Regulation No. 26 of 2016 amending GR No. 31 of 2013 Regarding Implementing Regulations of the

Immigration Law

*

**


VISAS ANDPERMITTEDACTIVITIES

Tourism

Family affairs

Social affairs

Arts and culture

Governmental duties

Sports activities that arenot commercial

Comparative studies, thereceipt of short courses

and short training

Performance ofemergency and urgent

work

Purchase of goods

Participation in a meetingwith a head office or

representative office inIndonesia

To continue travel toanother country

To join transportationdevices in Indonesia

Visit Visa On Arrival


VISAS AND PERMITTED ACTIVITIES

HOLDING BUSINESS

DISCUSSIONS

PROVIDE TALKS

AND PARTICIPATE

IN SEMINARS

PARTICIPATION IN

INTERNATIONAL

EXHIBITIONS

This was previously

“conducting business

discussions, such as sale and

purchase of goods and the

supervision of the quality of

goods and services”)

This was previously “to

provide talks or to join

seminars that is not

commercial in the field of

culture, social or

governmental after

receiving approval from

related institution”)

This was previously “to join

international exhibitions

that are not commercial"

Visit Visa On Arrival



Single Entry Visit Visa

Tourism

Family affairs

Social affairs

Arts and culture

Governmental duties

Sports activities that arenot commercial

Comparative studies, thereceipt of short courses

and short training

The providing of assistance, counseling, andtraining in the implementation and innovation ofindustrial technology to increase the quality anddesign of industrial products and international

marketing cooperation for Indonesia

Performance ofemergency and urgent

work

Purchase of goods



Single Entry Visit Visa

Participation in a meeting with ahead office or representative office

in Indonesia

To conduct audit, control overproduction quality in a branch

office in Indonesia

Probation of potentialexpatriate manpower

To continue travel toanother country

To join transportationdevices in Indonesia

Holding business discussions (this was previously“conducting business discussions, such as sale

and purchase of goods and the supervision of thequality of goods and services”)

Provide talks and participate in seminars (thiswas previously “to provide talks or to join

seminars that are not commercial in the field ofculture, social or governmental after receiving

approval from related institution”)

Participation in international exhibitions(this was previously “to join international

exhibitions that are not commercial”)

Journalism, after obtaining anyrequired permit to be issued by the

relevant agency

The making of films that are notcommercial, after obtaining any required

permit to be issued by the relevant agency



Multiple Entry Visit Visa

Family affairs

Social affairs

Arts and culture

Governmental duties

Purchase of goods

Participation in a meeting with ahead office or representative

office in Indonesia

To continue travel to another country

Holding business discussions (this was previously“conducting business discussions, such as sale

and purchase of goods and the supervision of thequality of goods and services”)

Participate in seminars (this was previously “toprovide talks or to join seminars that are notcommercial in the field of culture, social or

governmental after receiving approval fromrelated institution”)

Participate in international exhibitions (thiswas previously “to join internationalexhibitions that are not commercial”)


Art. 41 MOM Reg.10/2018: “RPTKA andWork Permit that has

been obtained byEmployers prior to the

issuance of this regulationwill remain valid until its

expiration”

WORK PERMIT EXTENSION

IMTA can be extendedbut no longer in the form

of IMTA but a notification

Extension of RPTKA /notification can be doneonly after the employer

and the expatriate extendtheir employment contract


Conversion of IMTA to Notification

WORK PERMIT EXTENSION

EXTENSION

OF

EMPLOYMENT

DURATION

EXTENSION

OF RPTKA

APPLICATION

OF

NOTIFICATION

BASED ON

IMTA

RENEWED

WORK PERMIT


ALLOWED POSITIONS

FOR EXPATRIATES

Art. 6 MOM Reg. 10/2018: “Positions allowed to be

filled in by Expatriate are stipulated through a

Ministerial Decree”

Art. 7 MOM Reg. 10/2018: “Positions prohibited to

be filled in by Expatriate are stipulated through a

Ministerial Decree”

The MOM has issued 19 Ministerial Decrees on

Positions Allowed for Expatriates (19 different

sectors)

The MOM is on the process of creating a new

Ministerial Decree accommodating positions from

all business sectors based on demands from

business player to employ expatriates


Art. 42 (5) Manpower Law: "The provision regarding

certain position and certain period as referred to

in paragraph (4) is stipulated through a Ministerial

Decree"

OTHER

UPDATES

ITAS for working purposes can now be

obtained at the airport or port upon

arrival, while ITAS for non-working

purposes shall still be obtained at the

relevant Immigration Office no later than

30 days after the approval to enter

Indonesia.


www.ssek.com

Mayapada Tower I. 14th Floor

Jl. Jend. Sudirman Kav. 28 Jakarta

12920

Indonesia

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