Licenses to be Issued by BKPM

The New Regulation provides new procedures at BKPM for the following licenses:

1. Approval for Foreign Worker Recruitment Plan (Rencana Penggunaan Tenaga Kerja Asing (“RPTKA”) and the extension of the RPTKA;
2. Visa approval recommendation (“TA-01”);
3. Foreign Worker Work Permit (Izin Memperkerjakan Tenaga Kerja Asing (“IMTA”) and the extension of the IMTA.

Obtaining RPTKA via BKPM

In order to obtain the RPTKA via BKPM, the employer is required to complete the electronic registration form at www.tka-online.depnakertrans.go.id. After the employers obtained the registration receipt they must upload certain documents to the online system. Moreover, certain documents need to be delivered to BKPM. For obtaining RPTKA, the new procedures in the New Regulation require the following documents to be submitted to BKPM:

1. Application request RPTKA;
2. RPTKA form;
3. Business license, principle license, or representative license;
4. Deed of establishment;
5. Domicile certificate;
6. Tax registration number (NPWP);
7. Company Registration number (TDP);
8. The organizational structure of the company;
9. Copy of a valid compulsory worker reporting certificate;
10. Statement letter declaring the ability to provide training or other educational courses to Indonesian workers;
11. Appointment letter for an Indonesian companion;
12. Indonesian companion form;
13. Letter of assignment from the company (if the RPTKA application is submitted by an agent); and
14. Recommendation from a technical agency for employing foreign worker (if required).

Obtaining TA-01 via BKPM

In order to obtain the TA-01 via BKPM, the employer is required to follow a similar process as for the RPTKA. For obtaining TA-01, the new procedures in the New Regulation require the following documents to be submitted to BKPM:

1. Application request TA-01;
2. TA-01 form;
3. Copy of RPTKA approval;
4. Copy of passport of the foreign worker;
5. Deed of establishment;
6. Appointment letter for an Indonesian companion;
7. Photo of the foreign worker;
8. Copy of bachelor degree certificate or competency certificate of the foreign worker related to the occupation (is not applicable to directors, commissioners, or other specific occupations);
9. Indonesian language competence certificate (is not applicable to directors, commissioners, or other specific occupations);
10. Curriculum vitae;
11. Competence recommendation;
12. Letter of assignment from the company (if the TA-01 application is submitted by an agent); and
13. Statement letter for technology transfer to Indonesian worker.

Obtaining IMTA via BKPM

In order to obtain the IMTA via BKPM, the employer is required to follow a similar process as for the RPTKA and TA-01. For obtaining IMTA, the new procedures in the New Regulation require the following documents to be submitted to BKPM:

1. Application request IMTA;
2. Copy of TA-01 approval;
3. Copy of telex visa;
4. Copy of RPTKA;
5. Copy of insurance policy of the foreign worker;
6. Copy passport of the foreign worker;
7. Receipt payment of the Expertise and Skill Development fund (DPKK);
8. Employment agreement between the employer and foreign worker;
9. Recommendation from a technical agency for employing foreign worker (if required);
10. Photo of the foreign workers; and
11. Letter of assignment from the company (if the IMTA application is submitted by an agent).

This column is provided by PNB Law Firm Jakarta

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