Foreigners' Guide to Getting Legal Job in Indonesia

TEMPO.CO, Jakarta - Foreigners can get a job in Indonesia as long as complying with certain conditions. Before applying for a job, it is better to know what the requirements are.

According to Law No. 13 of 2002 on employment, foreign workers are individuals hailing from other countries who possess a work visa within the jurisdiction of Indonesia. The extent to which foreigners can be employed in Indonesia is dependent on the role's requisite skills and the duration of employment.

Requirements for Foreigners to Work in Indonesia

To secure a legal job in Indonesia, foreign workers must meet specific criteria as outlined in the Manpower Minister’s Regulation No. 8 of 2021 Article 4 on the implementation of Government Regulation No. 34 of 2021 regarding the use of foreign workers.

The requirements are as follows:

• A foreign worker must possess educational qualifications that are relevant to the job's requirements.

• A foreign worker must possess a competency certificate or work experience of at least 5 years relevant to the role in question.

• A foreign worker is required to make a statement to transfer expertise to an Indonesian worker through teaching and training.

• A foreign worker who has served for at least six months must possess an NPWP or tax identification number.

• A foreign worker who has served for at least six months should have proof of participation in National Social Security or certain insurance policies.

Procedure for Obtaining a Work Permit in Indonesia

A valid work permit, or Rencana Penempatan Tenaga Kerja Asing (RPTKA), is mandatory for all foreigners who intend to work in Indonesia. The Manpower Ministry will use this document to grant a limited stay visa (VITAS) to the applicant. Immigration authorities then issue a limited stay permit (KITAS/ITAS) valid for six to twelve months.

Meanwhile, employers seeking to hire foreigners require a permit known as IMTA. The procedure is as follows:

1. Expatriate Placement Plan (RPTKA)

Companies willing to hire non-citizens are required to have an Expatriate Placement Plan or RPTKA, which is issued and ratified by the central government.

There are several RPTKA classifications depending on the duration of the employment:

• Temporary RPTKA for workers who will work for a maximum of six months and will not be renewed. Temporary RPTKA can be given to foreigners working on short-term projects, such as film projects.

• RPTKA for workers with a minimum duration of six months and a maximum of two years. This permit can be renewed.

• Non-DKPTKA RPTKA is given to workers with a minimum work duration of two years and can be extended.

• RPTKA KEK for workers with a minimum work duration of five years and can be extended.

For foreign workers who serve as directors or commissioners, the KEK RPTKA document is issued once and is valid until the end of their office terms.

2. Pre IMTA

The Pre IMTA procedure is necessary. This procedure replaces the TA-01 procedure that applies to work visas. With IMTA, foreigners will know information regarding the duration of work and stay in Indonesia.

3. Compensation fund for hiring foreign workers

The employers need to pay the compensation for hiring foreign workers (DKP-TKA) at US$10 per month with an advance payment policy.

4. Permit to employ foreign workers

The foreign workers will then receive IMTA documents and can work legally in Indonesia.

5. Limited Stay Visa (VITAS)

Once the IMTA is issued, foreign workers can apply for a Limited Stay Visa. The validity period of the visa is based on the maximum period of stay according to the job position.

6. Temporary Stay Permit (ITAS)

The next process is applying for the temporary stay permit (ITAS) document, which has the same validity period as the VITAS.

7. Civil Registry Documents

In addition to the above documents and passport or visa, other important documents that foreign workers will need are temporary residence cards, family cards, marriage certificates if any, and other supporting documents.

HERZANINDYA MAULIANTI

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