A company that brings a senior foreign national to work in Indonesia usually deals with two ministries in a fixed order: manpower approval first, then immigration. The rules change often, so what follows describes the usual route and the order of steps rather than anything final, and the official portals hold the current detail.
Before the offer is made
Companies tend to start with the role itself, because Indonesia does not allow a foreign national in every position. The Ministry of Manpower (Kemnaker) publishes lists of positions that foreign workers may hold and positions that are closed to them, and the role has to be checked against those lists first.
It also helps to know who in the business will file on the Kemnaker portal and who will be the named local counterpart for the role.
Candidates are usually asked early for a passport with enough validity, degree certificates and CV, and, if the family will come, marriage and birth certificates. Offer letters commonly say that the start date depends on the permits.
The RPTKA, the foreign worker utilisation plan
The RPTKA (Rencana Penggunaan Tenaga Kerja Asing) is the employer's plan to use a foreign worker, and it is approved by Kemnaker through the TKA Online portal. Kemnaker's portal refers to the approval under Government Regulation 34 of 2021 and Ministerial Regulation 8 of 2021, and offers separate application types for new approvals, extensions, and workers who already hold a stay permit.
Kemnaker's guidance describes the purpose of the system as filling skills that Indonesian workers cannot yet fill and passing that expertise to Indonesian staff. The portal also says that an extension is filed about 30 days before the approval expires.
The RPTKA comes before the visa. Immigration states that a work visa can only be applied for after the RPTKA has been approved and a notification issued, and that the application for this visa type goes through TKA Online.
The DKP-TKA compensation fund
DKP-TKA stands for Dana Kompensasi Penggunaan Tenaga Kerja Asing, a compensation fund that the employer pays for each foreign worker it uses. Kemnaker's portal says the employer is responsible for the worker data on the payment order, and that the data should be checked before payment.
The amount and the payment terms are set in the government's tariff regulations, which are listed on the portal. The current figure is on the official portal and is not repeated here.
Which positions are closed to foreign nationals?
Kemnaker's portal lists a ministerial decree on positions that foreign workers are prohibited from holding (Kepmenaker 349 of 2019) and a second on positions they may hold (Kepmenaker 228 of 2019, shown as in force on Kemnaker's legal database).
An earlier Kemnaker guide from 2019 reproduces a list of closed positions that is built around personnel work. It includes the personnel director, the human resources manager, the industrial relations manager and the personnel specialist. Companies hiring for an HR leadership role therefore tend to check the current decree before any offer goes out, because the list can have changed since that guide.
Other senior roles, such as president director, commissioner or a functional director, are open in some sectors and are listed with their own conditions.
The local counterpart (TKA pendamping)
Employers are generally required to name an Indonesian employee as a counterpart, called the TKA pendamping, for the foreign worker's position, and Kemnaker's approval template carries that obligation. The portal also offers a standard form for the appointment.
The 2019 Kemnaker guide describes the counterpart as working in the same unit, with a matching background, and says that the rule does not apply to directors, commissioners and supervisors. The current ratio and exemptions are set out in Kemnaker's current rules.
The work visa and the KITAS
After the RPTKA and the notification, the foreign worker's visa is processed through Immigration's systems, which Kemnaker's guide describes as linked to TKA Online. The usual result is a limited stay visa (VITAS) for entry, then a limited stay permit (ITAS, commonly called a KITAS) once the person is in the country.
Immigration's own guidance lists a passport, an application letter with guarantee, and financial proof from the sponsor as the general documents. Where a new visa replaces a permit that is about to expire, an exit permit is also asked for.
Permit validity and fees are set by Immigration and change, so the current figures are on imigrasi.go.id.
Bringing the family
A spouse and children usually come on dependant stay permits linked to the employee's, and the application normally follows the employee's own. Immigration's portal holds the current requirements for each dependant visa and the documents it asks for.
Companies tend to gather the marriage and birth certificates while the offer is still being agreed, and Immigration states which of them must be legalised or translated.
Tax residence at a general level
Indonesian tax residence is a test of days and intent rather than of nationality. The general rule is that a person present in Indonesia for more than 183 days in any 12 months, or who lives there or intends to, is treated as a domestic taxpayer. A stay permit or a work contract longer than 183 days is commonly accepted as showing intent.
The tax treatment that follows from the status, and the tax number, are set by the tax office. Candidates are usually advised to take tax advice on their own position, including any treaty with their home country.
BPJS, the social security schemes
Under the BPJS law (Law 24 of 2011), everyone, including a foreign national who works in Indonesia for at least six months, must join the social security programme. The employer registers the worker, and BPJS Ketenagakerjaan states that the passport copy and its form F1a are attached.
BPJS Ketenagakerjaan states that foreign workers cannot be registered in the pension programme (JP) or the job loss programme (JKP). Kemnaker's portal also lists a Director General decision on insurance for foreign workers employed for under six months. Health cover through BPJS Kesehatan or a private policy is a separate point that companies tend to settle in the offer.
Documents, driving, schooling and housing
The documents that usually come up are the passport, degree certificates, a CV, photographs, and for the family the marriage and birth certificates. Which of them need legalisation is stated by the authority that asks for them.
On driving, the rules on foreign and Indonesian licences are set by the Indonesian authorities and are not covered here.
Schooling and housing are not legal matters, but they often decide whether a family stays. In general practice, places at the international schools in Jakarta and other main cities fill early, so families tend to apply as soon as the offer is accepted. Many companies give a short furnished stay, then help the family to find a lease.
The usual order of steps
The order is usually this. The role is checked against the closed-position list, then the offer is made with a start date subject to permits. The employer files the RPTKA on TKA Online, receives approval and the notification, and pays the DKP-TKA. The visa is then processed through Immigration, the employee travels and the stay permit is issued. The family applies after that.
Most delays tend to come from the position check, the counterpart details and legalised documents, which is why firm start dates often wait until the permits are issued.
Questions clients and candidates ask
Does the employer or the employee apply?
The employer files the RPTKA and the visa application through Kemnaker's TKA Online portal. The employee supplies the passport, certificates and other documents.
Can any senior role be filled by a foreign national?
No. Kemnaker publishes a list of positions that are closed to foreign workers, and personnel and HR management roles appear on the list in its 2019 guide. The current decree is on the Kemnaker portal.
What is the DKP-TKA?
It is a compensation fund that the employer pays for each foreign worker it uses. The current amount is on the official portal.
Where are the current rules published?
The official portals are the reliable source: tka-online.kemnaker.go.id for the RPTKA and DKP-TKA, imigrasi.go.id for visas and stay permits, pajak.go.id for tax and bpjsketenagakerjaan.go.id for social security. Rules and fees change often.
Sources
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