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 AND
IMMIGRATION 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.
MOLHR Regulation No. 16 of 2018  regarding
MOM Regulation No. 10 of 2018 regarding
Procedure of Granting Visas and Stay Permits for
Procedure of Foreign Worker Utilization dated July
Expatriate Manpower dated July 27, 2018 (“MOLHR
11, 2018.
Reg. 16/2018”)
Revoking MOM Reg. 16/2015 regarding Complementing MOLHR Regulation No. 24 of
Procedure of Foreign Worker Utilization as 2016 regarding Technical Procedure of the
amended by MOM Reg. 35/2015. Application and Grant of Visitor Visa and
Limited Stay Visa  dated July 19, 2016.
SSEK INDONESIAN LEGAL CONSULTANTS | 3
 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
’ .

PROCEDURES TO The validity period of RPTKA is in accordance with the

employment period stipulated under the employment or
OBTAIN WORK AND project contract
IMMIGRATION
.

The approved RPTKA serves as work permit for expatriates

PERMITS FOR
,

replacing the role of IMTA .

EXPATRIATE
Expatriate Manpower Utilization
Plan or RPTKA SSEK INDONESIAN LEGAL CONSULTANTS | 4
Data 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
Documents to be uploaded
Draft of expatriate
employment contract
Company’s
PROCEDURES TO organizational chart
OBTAIN WORK AND Indonesian co-worker
IMMIGRATION appointment letter
PERMITS FOR Statement letter to
carry out education
EXPATRIATE and job training for
Indonesian co-workers
Required Documents for RPTKA in accordance with
the position occupied
by the expatriate
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PROCEDURES TO OBTAIN WORK AND
IMMIGRATION PERMITS FOR EXPATRIATE
Temporary RPTKA
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
( ) .

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 PROCEDURES TO OBTAIN WORK AND
IMMIGRATION PERMITS FOR EXPATRIATE
Emergency and Urgent RPTKA

Can be applied max . Issued by MOM in Maximum 1 one

( )

2 days after the 1 one business

( )
month and is non -

arrival of the TKA day extendable

SSEK INDONESIAN LEGAL CONSULTANTS | 7

 PROCEDURES TO OBTAIN WORK AND
IMMIGRATION PERMITS FOR EXPATRIATE
Notification

Time period in
Approval issued by DKP TKA payment
Notification is
-

the MOM as basis to deadline 1 one

based on
: ( )

issue VITAS and ITAS business day

Employment
Contract

SSEK INDONESIAN LEGAL CONSULTANTS | 8

 Required Documents for Notification

TO BE FILLED IN TO BE UPLOADED
ONLINE TOOLS
PROCEDURES Referral code and location of Presentations
TKA DETAILSare
TO OBTAIN
:

the embassy consulate of

/
Educommunication
Certificate
.
tools
Employment
the Republic of Indonesia that
Working expcan becontract
used as
draft

WORK AND
./

certificate of Proof of appointed

TKA DETAILS : demonstrations
competence Co worker
-
.

IMMIGRATION
Name Passport Photograph Passport
Date Place of
& Edu background
. Insurance policy Copy of bank
Birth Address and statement of TKA or

PERMITS FOR
Sex post code
. TKA Employer
Marital status Email
Nationality Phone number TKA EMPLOYER DOCUMENTS
EXPATRIATE
:

Application letter to DG or Director

TKA POSITION : Application to DGI for VITAS
TKA guarantor statement
Position and Indonesian standard TKA Employer ID number
classification code Rp 0 Approval Letter
.

Position level
Working period

SSEK INDONESIAN LEGAL CONSULTANTS | 9

 PROCEDURES TO OBTAIN WORK AND
IMMIGRATION PERMITS FOR EXPATRIATE
Work Permit Application Flow Chart

RPTKA RPTKA NOTIFICATION NOTIFICATION DKP-TKA

APPLICATION APPROVAL APPLICATION ISSUANCE PAYMENT

ITAS VITAS VITAS

COLLECTION COLLECTION APPLICATION

SSEK INDONESIAN LEGAL CONSULTANTS | 10

VISAS AND PERMITTED ACTIVITIES

VISA ON SINGLE ENTRY MULTIPLE LIMITED STAY

ARRIVAL (VISA VISIT VISA ENTRY VISIT VISA OR
INDEX B213): (VISA INDEX VISA (VISA “VITAS” (VISA
30 + 30 DAYS B211A/B/C): 60 INDEX D212): 5 INDEX C311-
+ 120 DAYS YEARS, MUST 319): UTILIZED
EXIT EVERY 60 60 DAYS AS
DAYS** 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

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 Tourism Governmental duties Purchase of goods

Participation in a meeting

VISAS AND Family affairs

Sports activities that are
not commercial
with a head office or
representative office in

PERMITTED Indonesia

ACTIVITIES Social affairs

Comparative studies, the To continue travel to
receipt of short courses another country
and short training
Visit Visa On Arrival

Performance of To join transportation

Arts and culture emergency and urgent devices in Indonesia
work

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VISAS AND PERMITTED ACTIVITIES
Visit Visa On Arrival

HOLDING BUSINESS PROVIDE TALKS PARTICIPATION IN

DISCUSSIONS AND PARTICIPATE INTERNATIONAL
IN SEMINARS EXHIBITIONS
This was previously This was previously to “ This was previously to join
“

“conducting business provide talks or to join international exhibitions

discussions such as sale and
, seminars that is not that are not commercial "

purchase of goods and the commercial in the field of

supervision of the quality of culture social or
,

goods and services ”) governmental after

receiving approval from
related institution ”)

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 Sports activities that are
Tourism
not commercial

Comparative studies, the

Family affairs receipt of short courses
and short training

VISAS AND The providing of assistance, counseling, and

PERMITTED Social affairs

training in the implementation and innovation of
industrial technology to increase the quality and

ACTIVITIES design of industrial products and international

marketing cooperation for Indonesia

Performance of
Single Entry Visit Visa Arts and culture emergency and urgent
work

Governmental duties Purchase of goods

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Participation in a meeting with a
head office or representative office
in Indonesia
To conduct audit, control over
production quality in a branch
office in Indonesia
VISAS AND
PERMITTED Probation of potential
expatriate manpower
ACTIVITIES
Single Entry Visit Visa To continue travel to
another country
To join transportation
devices in Indonesia
Holding business discussions (this was previously
“conducting business discussions, such as sale
and purchase of goods and the supervision of the
quality of goods and services”)
Provide talks and participate in seminars (this
was previously “to provide talks or to join
seminars that are not commercial in the field of
culture, 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 any
required permit to be issued by the
relevant agency
The making of films that are not
commercial, after obtaining any required
permit to be issued by the relevant agency
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 Participation in a meeting with a
Family affairs head office or representative
office in Indonesia

Social affairs To continue travel to another country

VISAS AND
PERMITTED Holding business discussions (this was previously
“conducting business discussions, such as sale
Arts and culture
ACTIVITIES and purchase of goods and the supervision of the
quality of goods and services”)

Participate in seminars (this was previously “to

Multiple Entry Visit Visa provide talks or to join seminars that are not
Governmental duties commercial in the field of culture, social or
governmental after receiving approval from
related institution”)

Participate in international exhibitions (this

Purchase of goods was previously “to join international
exhibitions that are not commercial”)

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 WORK PERMIT EXTENSION

Art. 41 MOM Reg. IMTA can be extended Extension of RPTKA /

10/2018: “RPTKA and but no longer in the form notification can be done
Work Permit that has of IMTA but a notification only after the employer
been obtained by and the expatriate extend
Employers prior to the their employment contract
issuance of this regulation
will remain valid until its
expiration”

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WORK PERMIT EXTENSION
Conversion of IMTA to Notification

EXTENSION EXTENSION APPLICATION RENEWED

OF OF RPTKA OF WORK PERMIT
EMPLOYMENT NOTIFICATION
DURATION BASED ON
IMTA

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 ALLOWED POSITIONS
FOR EXPATRIATES
Art 42 5 Manpower Law The provision regarding
. ( ) : " The MOM has issued 19 Ministerial Decrees on
certain position and certain period as referred to Positions Allowed for Expatriates 19 different
(

in paragraph 4 is stipulated through a Ministerial

( ) sectors)

Decree
The MOM is on the process of creating a new
"

Art 6 MOM Reg 10 2018 Positions allowed to be

. . / : “
Ministerial Decree accommodating positions from
filled in by Expatriate are stipulated through a all business sectors based on demands from
Ministerial Decree ”
business player to employ expatriates
Art 7 MOM Reg 10 2018 Positions prohibited to
. . / : “

be filled in by Expatriate are stipulated through a

Ministerial Decree ”

SSEK INDONESIAN LEGAL CONSULTANTS | 19

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 .

SSEK INDONESIAN LEGAL CONSULTANTS | 20

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.

Jl Jend Sudirman Kav 28฀ Jakarta

. . .

12920
Indonesia
www ssek com
. .