Below is a document explaining the requirements of the Ministry explaining the requirements of the law announced on July 17th 2015
Of particular interest for KIT S holders, or those applying for KIT S, in this conversation thread, is the stipulation that any Health Insurance policy must be issued by an Insurer that is compliant with Indonesian law.
Under the heading "Individual Requirements for Foreign Workers" point (v) below
In the case of foreign Insurance companies a formal written agreement with a local Insurer is required. Apparently many/most of the overseas Insurers do not have this arrangement in place. It would be wise to request a formal confirmation from the broker or Insurance company that is selling the Policy that the foreign insurance company has this agreement in place
WORK PERMIT IN ACCORDANCE WITH INDONESIAN LAW (UPDATE)
(Minister of Manpower Regulation No. 16 Year 2015 re The Procedures To Employ Foreign Worker)
I. GENERAL REQUIREMENTS
(i) The ratio foreign worker to Indonesian worker is 1:10.
(ii) Employer that has the form of: persekutuan perdata, Persekutuan Firma (Fa), Persekutuan Komanditer (Commanditaire Vennootschap or CV), Usaha Bersama/Associate (UB), Usaha Dagang (UD) and Koperasi is not allowed to employ a foreign worker unless regulated otherwise under specific laws.
(iii) The employer is required to appoint an Indonesian co-worker as associate (pendamping) who will succeed the foreign worker in the future.
(iv) Obligation to pay the Foreign Worker Employment Compensation Fund (DPK-TKA) in the amount of US$ 100 per month in advance (except for government institutions, international agencies, diplomats, social and religious institutions).
(v) A foreign worker can only work in one (1) position in a company (except for members of BOD and BOC of a PT or the Trustees, the Management and the Supervisors of a Yayasan).
Remarks
• Points (i) and (iii) do not apply to:
a. Members of the Board of Directors (BOD) or Board of Commissioners (BOC) of an Indonesian limited liability company (PT).
b. Members of the Trustees, the Management and the Supervisors of Indonesian Foundation (Yayasan).
c. Employee for a job that is an “emergency” and “urgent” in nature.
d. Employee for the temporary employment. Types of temporary employment:
1) Providing guidance, counseling, and training in the application and innovation of industrial technology for improving the quality and design of industrial products as well as overseas marketing cooperation for Indonesia;
2) Filming of a commercial nature that has obtained permission from the competent authority;
3) Giving lectures;
4) Attending a meeting that is held by the head office or representatives in Indonesia;
5) Conducting audits, production quality control, or inspection at the company's branch in Indonesia;
6) Foreign worker in training program for his/her working capabilities; and
7) Works to be performed and completed at once; and
8) A work related to the installation of machinery, electrical, after-sales service, or product during the exploratory time for the business.
Employee for impresario services (entertainment services or workers in the field of arts and sports).
II. INDIVIDUAL REQUIREMENTS (FOREIGN WORKER)
(i) Having formal education to hold work position (formal academic certificate).
(ii) Having certificate of competence or experiences of at least 5 (five) years in relation to the work position that shall be held.
(iii) Statement Letter by employee to transfer his/her skills to the appointed Indonesian co-worker (pendamping).
(iv) Having Indonesian Taxpayer Number (NPWP), if the foreigner works in Indonesia for more than six (6) months.
(v) Having insurance policy from the insurance company that incorporated in Indonesia.Registration in the Indonesian Social Security Program (BPJS), if foreigner works in Indonesia for more than six (6) months.
Remarks
Points (i), (ii) and (iii) do not apply to:
a. Members of the BOD or BOC of PT.
b. Members of the Trustees, the Management and the Supervisors of Yayasan.
c. Employee for a job that is an “emergency” and “urgent” in nature.
d. Employee for a temporary employment.
e. Employee for impresario services.
III. OTHER REQUIREMENTS (BASED ON THE WORK PERMITS)
No. Permits
Requirements
1 Manpower Utilization Plan (Rencana Penggunaan Tenaga Kerja Asing or RPTKA). a. Should be applied online to the Director General of Manpower Placement Development (Direktur Jenderal Pembinaan Penempatan Tenaga Kerja).
b. Duly completed RPTKA form.
c. Points (i) to (vi) of the Individual Requirements.
d. Deed of Incorporation and its ratification including the amendments.
e. The employer’s business permit from the relevant Indonesian Government body.
f. Recommendation of Position to be held by the foreign worker from technical institution if needed (particular positions).
g. Company Domicile Letter.
h. Company Taxpayer Registration Number (NPWP).
i. Company’s organizational structure
scheme.
j. Assignment Letter of Indonesian co- worker (pendamping), who will succeed the foreign worker and its training plan program.
k. Annual Manpower Report (Wajib Lapor Ketenagakerjaan) in accordance with Law No. 7 Year 1981.
Remarks
• Types of RPTKA:
1) General RPTKA (maximum five (5) years and extendable);
2) RPTKA for “emergency” and “urgent” works (maximum one (1) month and cannot be extended);
3) RPTKA for temporary employment (maximum six (6) months and cannot be extended);
4) RPTKA in Special Economic Area (KEK), Free Trade Area and Free Port (regulated in the specific regulation);
5) RPTKA for Ocean Area (regulated in the specific regulation);
6) RPTKA for impresario services; and
7) RPTKA for karaoke guide (maximum six (6) months and cannot be extended).
• RPTKA should be extended at the latest thirty (30) business days before its expiration.
• Point (j) and some of the Individuals Requirements ((i),(ii) and (iii)) do not
apply to:
a. Members of the BOD or BOC of PT.
b. Members of the Trustees, the Management and the Supervisors of Yayasan.
c. Employee for a job that is “emergency” and “urgent” in nature.
d. Employee for a temporary employment.
Employee for impresario services.
2 Permit To Employ Foreign Worker (Izin Mempekerjakan Tenaga Kerja Asing or IMTA) a. Should be applied online to the Director of Utilization Foreign Worker Control (Direktur Pengendalian Penggunaan Tenaga Kerja Asing).
b. Proof of payment of DKP-TKA.
c. Ratification of RPTKA decision.
d. Passport of the foreign worker.
e. 4 x 6 cm color photograph.
f. Points (i) to (vi) of the Individual Requirements;
g. Employment agreement (draft or executed version).
h. Assignment Letter of Indonesian co- worker (pendamping), who will succeed the foreign worker and its training plan program.
i. Recommendation of Position to be held by the foreign worker from technical institution if needed (particular positions).
j. Deed of Incorporation and its ratification including the amendments (apply only for BOD, BOC of PT or the Trustees, the Management and the Supervisors of Yayasan).
Remarks
• IMTA is also applied for the BOD and BOC members of PT or Trustees, Managements and Supervisors members of Yayasan, who are domiciled abroad.
• The members of BOD and BOC of PT or Trustees, Managements and Supervisors of Yayasan should obtain IMTA as of the issuance date of the ratification of his/her appointment.
• The General IMTA is valid for a term of not more than one (1) year and maximum two (2) years for BOD and BOC members of the PT or Trustees, Managements and Supervisors members of the Yayasan (extendable).
• IMTA shall be the basis for filing:
a. Visa Approval Recommendation;
b. Limited Stay Permit (ITAS);
c. Conversion of the Visiting Stay Permit (ITK) to become ITAS;
d. Conversion of the ITAS to become Permanent Stay Permit (ITAP); and
e. Extension of ITAP.
• IMTA should be extended at the latest thirty (30) business days before its expiration.
• Point h and some of the Individuals Requirements ((i),(ii) and (iii)) do not apply to:
a. Position of members of the BOD or BOC of PT.
b. Position of members of the Trustees, the Management and the Supervisors of Yayasan.
c. Employed for a job that is “emergency” and “urgent” in nature.
d. Employed for a temporary employment.
e. Employed for impresario services.
The employer that has obtained the IMTA, should report to the Head of Manpower Department in the location of the foreign worker employed at the latest seven (7) days after the commencement of the employment.
• The employer is obliged to make a report for utilization of the foreign worker to the Head of Manpower Department in the location of the foreign worker employed, that contains:
a. Realization of the training program for the Indonesian co-worker periodically once in six (6) months; and
b. End of the utilization of the foreign worker.
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