Rabu, Januari 27, 2021

Draft Regulation of the Government on the Utilization of Foreign Workers

All employers that employ foreign workers (Tenaga Kerja Asing – “TKA”) are required to be in possession of TKA Utilization Plans (Rencana Pengunaan Tenaga Kerja Asing – “RPTKA”), as legalized by the Minister of Manpower (“Minister”). The procedure for the securing of RPTKA legalizations breaks down as follows: 1) Submission of an application by a TKA employer to the Minister or appointed officials, along with the relevant required documents; 2) Assessment of the feasibility of the RPTKA legalization application, as undertaken by the Minister or by appointed officials; 3) Issuance of feasibility assessment results; 4) Online submission of the TKA candidate’s data along with the relevant required documents; 5) Verification of the submitted data; and 6) Issuance of the RPTKA legalization. It should be noted that RPTKA legalizations will be used as the basis for the issuance of Limited-Stay Visas and Limited-Stay Permits to TKA.
Employers of TKA are required to pay into TKA Utilization Compensation Funds (Dana Kompensasi Penggunaan Tenaga Kerja Asing – “DKPTKA”) in accordance with the periods during which TKA are employed within Indonesian territory. DKPTKA payments are one of the requirements for RPTKA legalizations and payment should be completed whenever a TKA employer receives a payment billing code from the Minister after the data and documents of the relevant TKA have been declared complete.
This Draft Regulation of the Government (Rancangan Peraturan Pemerintah – “RPP”) is currently being deliberated and thus further changes may subsequently be introduced. The RPP can be accessed here.

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*Syarat dan ketentuan berlaku

All employers that employ foreign workers (Tenaga Kerja Asing – “TKA”) are required to be in possession of TKA Utilization Plans (Rencana Pengunaan Tenaga Kerja Asing – “RPTKA”), as legalized by the Minister of Manpower (“Minister”). The procedure for the securing of RPTKA legalizations breaks down as follows: 1) Submission of an application by a TKA employer to the Minister or appointed officials, along with the relevant required documents; 2) Assessment of the feasibility of the RPTKA legalization application, as undertaken by the Minister or by appointed officials; 3) Issuance of feasibility assessment results; 4) Online submission of the TKA candidate’s data along with the relevant required documents; 5) Verification of the submitted data; and 6) Issuance of the RPTKA legalization. It should be noted that RPTKA legalizations will be used as the basis for the issuance of Limited-Stay Visas and Limited-Stay Permits to TKA.
Employers of TKA are required to pay into TKA Utilization Compensation Funds (Dana Kompensasi Penggunaan Tenaga Kerja Asing – “DKPTKA”) in accordance with the periods during which TKA are employed within Indonesian territory. DKPTKA payments are one of the requirements for RPTKA legalizations and payment should be completed whenever a TKA employer receives a payment billing code from the Minister after the data and documents of the relevant TKA have been declared complete.
This Draft Regulation of the Government (Rancangan Peraturan Pemerintah – “RPP”) is currently being deliberated and thus further changes may subsequently be introduced. The RPP can be accessed here.

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