ISSN: 2442-3173 | pro.hukumonline.

com Issue 3686| 5 SEPTEMBER 2019

Enforcement Date
27 August 2019 CLICK HERE
For Indonesian version

General Corporate |
Manpower
Related ILB

 Procedures for the Issuance List of Positions Available to

of Vitas and Itas Updated
 Recruitment of Foreign
Foreign Workers (TKA) Codified
Workers Further Regulated
 New Regulation on the
Recruitment of Foreign
Workers
 Implementation of the One-
Stop Integrated Service
Facility within the Positions on Boards of Commissioners (“BoC”) and Boards of
Manpower Sector Directors (“BoD”) may be occupied by foreign workers,
 New Provisions on Sanctions on condition that said positions do not involve
for Employers in the Form of responsibility for any personnel-related matters and in
Restriction of Access to conformity with any prevailing laws and regulations.
Certain Public Services

A brand new list of available positions which are permitted to be occupied by foreign workers (Tenaga
Kerja Asing – “TKA”) was recently introduced by the Minister of Manpower (“Minister”) through the
issuance of Decree No. 228 of 2019 on Certain Positions Which May be Occupied by Foreign Workers
(“Decree 228/2019”). This new framework has been introduced as a follow-up to Regulation of the
President No. 20 of 2018 on the Recruitment of Foreign Workers.1

Previously, the Minister determined the list of positions which were permitted to be occupied by TKA
through the issuance of several decrees, with each addressing specific business sectors (e.g.
construction, education services, wholesalers, etc.). This list has now been repealed and replaced
through the issuance of Decree 228/2019.2
The various provisions which are set out under Decree 228/2019, as addressed in this edition of
Indonesian Legal Brief (ILB), relate to the following matters:
1. Classification of occupations;
2. Non-personnel-related positions;
3. Non-listed positions;
4. Periodic evaluations; and
5. List of available positions.

1
Para. (a), Considerations, Decree 228/2019. For more information on Regulation 20/2018, see ILB No. 3341.
2 Sec. 6, Decree 228/2019.
 ISSUE 3686 | 5 September 2019 List of Positions Available to
pro.hukumonline.com
Foreign Workers (TKA)
Codified

Classification of Occupations
Decree 228/2019 finally unifies the lists of available positions which may be occupied by TKA under
a single framework. These available positions refer directly to the International Standard Classification
of Occupations (“ISCO”), as issued by the International Labour Organization (“ILO”) and as further
adopted by the Indonesian government in the form of the Indonesian Standard Classification of
Positions (Klasifikasi Baku Jabatan Indonesia – “KBJI”).

Non-Personnel-Related Positions
Generally speaking, positions on Boards of Commissioners (“BoC”) and Boards of Directors (“BoD”)
may be occupied by TKA, on condition that said positions do not involve responsibility for any
personnel-related matters and not in contradiction with any prevailing laws and regulations.3

Non-Listed Positions
In cases where a position which will be occupied by TKA is not listed under Decree 228/2019,
employers must request a permit for the employment of TKA from the Minister or from appointed
officials.4

Periodic Evaluations
Any positions which are occupied by TKA, as well as the requirements for such positions, should be
evaluated periodically either on a two-yearly basis or on an incidental basis if this is deemed
necessary.5

3 Sec. 2, Decree 228/2019.

4
Sec. 3, Decree 228/2019.
5 Sec. 4, Decree 228/2019.

2
List of Available Positions
Various positions are available to TKA under Decree 228/2019, as listed in the table below:6

ISCO /
Business Sector KBJI Available Positions
Codes
Construction 1120 Regional manager
1223 Business development manager
1323 Construction managers (e.g. procurement manager,
commissioning manager, technical manager, project
finance manager, etc.)
2113 Geochemist
2114 Geophysicist
2143 Environmental engineers (e.g. waste processing
engineer, leachate management engineer, sewage
management engineer, etc.)
2142 Civil engineers (e.g. bridge engineer, tunnel engineer,
civil lead engineer, etc.)
Real estate 1344 General manager
1223 Retail development general manager
2431 Marketing specialist
Processing industry: 1223 Research and development managers (e.g. formula
chemical substances development manager, packaging development
and goods deriving from manager, product development manager, etc.)
chemical substances 1221 Sales and marketing managers (e.g. sales planning
manager, marketing manager, commercial manager,
etc.)
2431 Advertising and marketing professionals (e.g. market
research advisor and commercial advisor)
1330 Information technology manager
Processing industry: 5241 Brand ambassador
beverages
Processing industry: 1223 Research and development manager
textiles

6 Appendix, Decree 228/2019.

3
 ISSUE 3686 | 5 September 2019 List of Positions Available to
pro.hukumonline.com
Foreign Workers (TKA)
Codified

Processing industry: 1324 Supply, distribution and related managers (e.g.

apparel warehouse manager, logistics manager, import-export
manager, etc.)

Processing industry: 1321 Product design manager

food 2149 Other technical engineers (e.g. commissioning engineer,
quality control engineer, etc.)
Processing industry: 1321 Manufacturing managers (e.g. electrical manager,
non-machinery steel mechanical manager, etc.)
goods and related 3322 After-sales service engineer
equipment
Processing industry: 2431 Marketing advisor
sub-categories of the 2163 Design engineer
furniture industry
Processing industry: 2141 Factory advisor
sub-categories of the 2149 Leather specialist
footwear industry
3323 Procurement advisor
2149 Other technical specialists (e.g. materials engineer, shoe-
sewing specialist, cutting specialist, etc.)
Processing industry: 1311 Agriculture and forestry production managers (e.g.
sub-categories of plantation manager, horticultural agriculture manager,
cigarette and other agriculture and forestry production manager, etc.)
tobacco product 1323 Construction manager
industries
1221 Marketing manager
1223 Research manager
1324 Supply chain manager
2141 Quality control advisor

Processing industry: 2144 Mechanical engineer

sub-categories of the
sugar industry
Transportation and 1324 Supply, distribution and related managers (e.g.
warehousing: air engineering manager, aircraft maintenance manager,
transportation industries cargo manager, etc.)
Arts, entertainment and 1431 Sports, recreation and cultural-center managers (e.g.
recreation diving manager, tourism facility manager, tour manager,
etc.)

4
 2431 Advertising and marketing professionals (e.g. research
and development advisor, marketing advisor, etc.)
3422 Sports coaches, instructors and officials (e.g. football
coach, table-tennis coach, basketball coach, etc.)
2652 Musicians, singers and composers (e.g. disc jockey,
singer, musician, etc.)
Accommodation, food 1411 Hotel manager
and beverage providers 1439 Guest relations manager
1324 Procurement manager
3434 Chef
2132 Quality control advisor
Finance- and insurance- 1346 Financial and insurance services branch managers (e.g.
related activities business promotions manager, senior customer relations
manager, head of asset management, etc.)
2412 Underwriting consultant, actuary, marketing and/or
information systems manager
Information and 1330 Information and communications technology services
telecommunications: managers (e.g. GM of satellite control, network
the telecommunications performance general manager, OSP and ISP network
industry planning general manager, etc.)
Mining and extraction: 1221 Sales and marketing managers (e.g. commercial
oil-and-gas mining (10- manager, commercial and business support manager,
year experience at the etc.)
minimum and a 1322 Mining managers (e.g. compliance and internal control
bachelor’s degree) manager, oil-and-gas transportation manager, senior oil-
and-gas commercial manager, senior offshore project
manager, etc.)
Motor-vehicle 3115 Mechanical engineering technicians (e.g. mechanical
wholesalers, repair and advisor, machine maintenance advisor, etc.)
maintenance of motor 2431 Advertising and marketing professionals (e.g. quality
vehicles control advisor, research and development advisor,
market research advisor, etc.)
Chambers of commerce 1237 Project manager
3471 Creative designer
2419 Policy advisor
2611 Lawyers (i.e. legal advisor and legal consultant)

5
 ISSUE 3686 | 5 September 2019 List of Positions Available to
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Foreign Workers (TKA)
Codified

Professional sector: 2411 Accountant

legal and accounting
activities

VN
Decree 228/2019 has been in force since 27 August 2019.

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