On February 8, 2018, the Minister of Energy and Mineral Resources (Ignatius Jonan) officially revoked the obligation for companies in the Oil & Gas sector to obtain a MIGAS Recommendation for its foreign workers. By issuing Regulation number No. 6 of 2018 concerning the Revocation of the Minister of Energy and Mineral Resources Regulation, Minister of Mining and Energy Regulation and Decree of the Minister of Energy and Mineral Resources concerning Oil & Gas Business Activities ("Regulation ESDM 6/2018") the Minister officially revoked the Ministry of Energy and Mineral Resources Regulation No. 31 of 2013 on the Provisions and Procedures for the Use of Foreign Workers and the Development of Indonesian Workers active in the Business Field of Oil & Gas ("Regulation ESDM 31/2013).

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Recently, the Ministry of Law and Human Rights issued Regulation number 26 of 2017 regarding the Procedures and Requirements to Hire a Foreign Lawyer and the Requirements for Pro-Bono Services in Research and Education (New Regulation). The New Regulation applies to local law firms that intent to employ foreign lawyers. In this column we further discuss the procedures set by the New Regulation to employ foreign lawyers and their obligation to perform pro-bono activities.

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Indonesia’s financial authority, the OJK, has recently issued regulation no. 37/POJK.03/2017 on the Employment of Foreign Workers and Knowledge Transfer within the Banking Sector (New Regulation). The New Regulation replaces Bank Indonesia regulation number No. 9/8/PBI/2007 on the Employment of Foreign Workers and the transfer of knowledge program Within the Banking Sector. In this column we discuss the available job titles for foreign workers, the application requirements and the transfer of knowledge program.

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In our previous column we discussed the types of Visitor Visas and Limited Stay Visas based on Ministry of Law and Human Rights issued regulation number 24 of 2016 on Technical Procedures for the Application and Issuance of Visitor Visas and Limited-Stay Visas (New Regulation). In the column of this week we will discuss the application procedures, rejection and cancellation of Visitor Visas and Limited Stay Visas.

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Recently the Ministry of Law and Human Rights issued regulation number 24 of 2016 on Technical Procedures for the Application and Issuance of Visitor Visas and Limited-Stay Visas (New Regulation). The New Regulation is an implementation of article 108 of Government Regulation No. 31 of 2013 Concerning Implementing Regulation of Law No. 6 Of 2011 Concerning Immigration. In this column we discuss the contents of the New Regulation.

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On June 28, 2016 the Indonesian Government issued Government Regulation no. 26 of 2016 regarding the amendment of Government Regulation No. 31 of 2013 Concerning Implementing Regulation of Law No. 6 Of 2011 Concerning Immigration (Amendment). The Amendment is a welcoming revision of the validity period of a multi-entry business visa for foreigners who intent to have business meetings in Indonesia. In this column we will discuss the impact of the Amendment on foreign business visitors.

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In the beginning of 2016 the Indonesian government issued a new presidential regulation, no. 21 of 2016 Concerning Free Visit Visa ("New Regulation"), which removes restrictions for foreigners to enter Indonesia and allows entry without visa into Indonesia for citizens of almost all countries in the world. Moreover, the New Regulation allows the entry without visa not only for tourist visit purposes, but also for other visit purposes, such as business meetings. In this column we take a closer look at the implementation of the New Regulation.

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The Ministry of Manpower is increasingly performing labor audits at foreign investment companies (PT PMA and Representative Offices) to find out any violations of applicable regulations. The labor audits are announced a couple of days before the actual inspection, which gives companies only limited time to prepare all required documents. The consequences of non-compliance with regulations may be profound. Possible sanctions may vary from fines, deportation of expatriates and restrictions placed on foreign investment companies. In this column we discuss the documents generally required to be shown to manpower officials in labor audits at PT PMA companies or Representative Offices.

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Construction projects by foreign investors are often performed through a Construction Representative Office. A Construction Representative Office is required to set-up a cooperation with a local construction company by way of a Joint Operation, which can then perform construction contracts. Foreigners which are assigned by the foreign investor to work for such projects are required to obtain a work permit. In this column we examine the often raised question "does the expatriate work for the Construction Representative Office or for the Joint Operation?".

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On March 10, 2016, the Indonesian President issued President Regulation number 21 of 2016 regarding Visits Without Visa (New Regulation). The New Regulation increases the amount of countries for which residents are allowed to enter Indonesia without a visa to 169 countries. Moreover, where previously the visa exemption only applied to leisure trips for the majority of the countries, under the New Regulation the reasons of visit also include other reasons for visit, including business meetings.

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