Immigration update: Indonesia | Implementation of updated regulations

12th November 2018

The Indonesian Ministry of Manpower (MOM) has begun the implementation of updated regulations originally published in July, effective from 1 November 2018, covering the following changes:

Online Ministry of Manpower System (TKA Online)

The TKA Online system has been reactivated and is to be used for Foreign Manpower Utilization Plan (RPTKA) applications, which will yield and an online outcome called Notification which replaces Pra-IMTA and IMTA applications. The Notification will be the reference for work permit approval i.e. job title, duration of work permit and billing code to pay DKP-TKA which must be paid within one business day of receiving the Notification.

To request the Notification, the below information needs to be provided:

1. Job title;
2. Requested duration of work permit;
3. Work location;
4. Location of The Indonesian Embassy to collect VITAS; currently there are only 25 locations available as options, hence foreign employees who wish to collect VITAS are required to go to the nearest Indonesian Embassy listed;
5. Entry point in Indonesia; currently there are only five (5) point of entries available to process ITAS (including Indonesia’s main airports); and
6. Intended residential address in Indonesia.

Foreign Manpower Utilization Plan (RPTKA)

Changes to the RPTKA requirements include:

• Processing time has been shortened to two (2) days instead of three (3) days after the Suitability Assessment has been successfully completed. As there is no mandatory time limit set for the completion of the Suitability Assessment, this could result in unforeseen delays; and
• Validity of RPTKA may be extended from one (1) year to five (5) years depending on the length of employment contract.

RPTKA Exemption

RPTKA is not required for:

• Directors and Commissioners who are shareholders to the company;
• Diplomats and consular officers; and
• Foreign workers undertaking jobs that are vital to the Indonesian government. The types of jobs are under the discretion of the government and to date there has not been a list of jobs published.

Short-term Work Permit

Document requirements for both long and short-term work permits are now standardised. There are additional documents required including, but not limited to, request letter for Notification and applicant’s bank account statement.

Emergency Work Permit

Emergency Work Permit applicants may start work before the permit is issued. However, employers must submit the RPTKA application within two (2) days of the foreign worker’s arrival.

Indonesian Language Requirement

Employers will be required to facilitate Indonesian language training for long-term work permit holders who will have to obtain a certificate from an authorized institution. Directors, Commissioners, short-term work permit holders and emergency work permit holders are exempt from this requirement.

Who will be affected?

There may be delays in the processing of new or submitted (but not yet approved), work permit applications as the Suitability Assessment is made and additional documents may be requested by the authorities. Further, Ministry of Manpower officers may take slightly longer to assess applications as they adjust to the new criteria. Employers and their assignees should be conscious that there may be potential delays and as such, travel plans and assignment start dates should remain flexible.
The Indonesian language requirement will affect employers who will need to facilitate a training programme with an authorized language training institution.

Santa Fe Analysis:

The Suitability Assessment and the requirement for additional documents may cause delays in RPTKA issuance.
The additional documents required by the authorities at different stages of applications may change without notice. This could lead to further delays in application outcomes.
The limited collection points may require some applicants to travel abroad to visit an appointed Indonesian Embassy for collection of their VITAS. As there are only five approved ports of entry into Indonesia, some applicants may need to travel domestically to their work location after entering Indonesia through an approved port.
Further clarification is still expected from the authorities and the changes may not yet be fully implemented. Santa Fe Relocation will monitor the changes closely and provide updates as required.

Should you have any questions, please contact:

Wijayanti
Immigration Consultant
Santa Fe Relocation
Indonesia
D: +62 21 2961 2990
M: +62 811 1976 105
E: Wijayanti@staging.santaferelo.com

Nina Chew
Regional Immigration Manager
Santa Fe Relocation
Singapore
D: +65 6398 8549
E: Nina.Chew@staging.santaferelo.com

Soumeya Messadi
Head of Immigration – APMEA
Santa Fe Relocation
Singapore
D: +65 6398 3520
M: +65 9169 6061
E: Soumeya.Messadi@staging.santaferelo.com