Foreign Worker Positions that Can Obtain KITAP

PERTANYAAN

I am a foreigner residing in Bali. My question is, is there a regulation that explains what positions can be occupied by foreign workers to obtain KITAP in Indonesia? Then, can I work in Indonesia with a KITAP? How do I get a KITAP? Specifically, how to get KITAP in Bali?

INTISARI JAWABAN

Basically, to obtain a Permanent Stay Permit Card (Kartu Izin Tinggal Tetap/ "KITAP"), a Foreign Worker (Tenaga Kerja Asing/ "TKA") who has a Limited Stay Permit Card (Kartu Izin Tinggal Terbatas/ "KITAS") must have met the requirements for completeness of documents, have lived for 3 consecutive years in Indonesia, and have signed a Declaration of Integration. In addition, the position to be occupied by TKA must not violate the provisions in Regulation of the Minister of Manpower 349/2019.

So, what is the full legal basis?

Please read the review below for a further explanation.

 

ULASAN LENGKAP

This article is an English translation of Jabatan-Jabatan TKA yang Dapat Memperoleh KITAP, written by Renata Christha Auli, S.H., and was published on Friday, 20 October 2023.

This article is the second update with the same title, written by Ilman Hadi, S.H. and was first published on Wednesday, 6 June 2012, and updated by Lezetia Tobing, S.H., M.Kn on Monday, 31 July 2017.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Positions for Foreign Workers

Before answering your question, we should understand what Foreign Workers (Tenaga Kerja Asing/ "TKA") means. A foreign worker is a visa holder of foreign citizenship with the intention to work in Indonesia's territory.[1]

Basically, foreign workers may be employed in Indonesia only in an employment relationship for certain positions and a specified period as well as having competence in accordance with positions that will be occupied.[2]

Then, there are restrictions on the placement of foreign workers in Indonesia. The Job Creation Law stipulates that foreign workers are prohibited from occupying the human resources positions.[3] As based on the Appendix to the Regulation of the Minister of Manpower 349/2019, the positions that foreign workers are prohibited from occupying are:

1. Personnel Director;
2. Industrial Relation Manager;
3. Human Resource Manager;
4. Personnel Development Supervisor;
5. Personnel Recruitment Supervisor;
6. Personnel Placement Supervisor;
7. Employee Career Development Supervisor;
8. Personnel Declare Administrator;
9. Personnel and Careers Specialist;
10. Personnel Specialist;
11. Career Advisor;
12. Job Advisor;
13. Job Advisor and Counseling;
14. Employee Mediator;
15. Job Training Administrator;
16. Job Interviewer;
17. Job Analyst;
18. Occupational Safety Specialist.

In our opinion, you will have to look in more detail at the provisions related to the field or industry run by the company that wants to use foreign workers. That is, you need to make sure whether in the provisions of the relevant company, the position or job to be occupied by the foreign workers can indeed be given to foreign workers in accordance with the laws and regulations.

Permanent Stay Permit for Foreign Workers

Furthermore, with regard to foreign workers in Indonesia, it is important to know the licenses, one of which is KITAP. What is KITAP? Basically, a Permanent Stay Permit (Izin Tinggal Tetap/ "ITAP") is a permit granted to certain foreigners to reside and settle in the Indonesian Territory as Indonesian residents.[4] Meanwhile, what is meant by KITAP is Kartu Izin Tinggal Tetap a.k.a. Permanent Stay Permit Card.

Furthermore, ITAP may be granted to:[5]

1. Foreigners who hold limited-stay permits as clergy, workers, investors, and second house;
2. family due to mixed marriage;
3. husband, wife, and/or children of Foreigners who hold Permanent-Stay Permit; and
4. Foreigners who are ex-Indonesian citizens and children who are ex-subjects of dual citizenship of the Republic of Indonesia

Permanent Stay Permits for foreigners as referred to above shall be granted through a change of status.[6] Permanent Stay Permits for foreigners holding Limited Stay Permits or Izin Tinggal Terbatas/ ITAS who are working (applicant), shall be granted to the applicant after they have resided for 3 consecutive years and signed a Declaration of Integration to the Government of the Republic of Indonesia.[7]

So, how do you get KITAP/ITAP? Here's the review.

How to Apply for a Permanent Stay Permit

We can summarize how to get KITAP/ITAP as follows:

1. An application for a Permanent Stay Permit shall be submitted by Foreign Nationals (“foreigners”) or guarantor to the Head of the Immigration Office or designated Immigration Official whose working area includes the residence of the Foreign Nationals concerned.[8]
2. Application for Permanent Stay Permit shall be submitted by filling out data and attaching the following requirements:[9]
   1. Nationality Passport that is valid and still prevail;
   2. proof of guarantee from the guarantor or Immigration Guarantee;
   3. integration statement; and
   4. other documents to explain the aim/objective or status of Foreign Nationals.
3. Then, the Head of the Immigration Office or the designated Immigration Official shall examine the completeness of the application.[10]
4. In the event that the examination of the completeness of the application is fulfilled and a photo has been taken, the Head of the Immigration Office or the designated Immigration Official shall issue a Permanent Stay Permit within no later than 4 business days.[11]

As we have explained, ITAP for working foreigners is granted through change of status. The Regulation of Law and Human Rights 22/2023 regulates that an application for status transfer/change of status from a Limited Stay Permit into a Permanent Stay Permit is submitted by the Foreign Nationals, sponsor/guarantor, or Person in Charge through the app to the Head of the Immigration Office or the appointed Immigration Official by enclosing:[12]

1.  

 

1. National Passport which are legal and still valid;
2. declaration of integration except for children under 18 years old and yet to be married;
3. Limited Stay Permit of the Foreign Nationals concerned;
4. proof of guarantee from sponsor, in the event of having sponsor;
5. identity card and/or family card of sponsor or person in charge, in the event of having a sponsor or Person in Charge; and
6. Permanent Stay Permit for husband, wife, father, mother or child, in the event of joining a husband, wife, father, mother or child who holds a Permanent Stay Permit

In addition to the conditions as referred to in Article 175 and Article 176, the status transfer from a Limited Stay Permit into a Permanent Stay Permit also takes into account considerations on the completeness of the requirements and submission of commitment renewal in accordance with the provisions when granting a Limited Stay Permit through a Limited Stay Visa or granting a Permanent Stay Permit, such as:[13]

1. proof of company validity;
2. proof of employment permit validity;
3. proof of the validity of clergy activities;
4. most recent proof of account;
5. change of company deed;
6. most recent land and building tax;
7. most recent financial statement;
8. most recent corporate tax;
9. most recent proof of earning;
10. most recent bond certificate;
11. most recent share ownership; or
12. other proofs that corroborate the intent or purpose of staying in Indonesian Territory

Moreover, it is important to know that a Limited Stay Permit cannot undergo a status transfer into a Permanent Stay Permit if the conditions for fulfilling the commitments required when applying for a Limited Stay Permit originating from a Limited Stay Visa, status transfer or transition has not been implemented.[14] Then, status transfer from Limited Stay Permit into Permanent Stay Permit for Foreign Nationals is granted provided that the Foreign National concerned has been in Indonesian Territory for at least 3 consecutive years from the date of issuance of the Limited Stay Permit.[15]

Then, since you live in Bali, how to get KITAP in Bali? As we have explained, the application for KITAP/ITAP is submitted by a foreigner to the Head of the Immigration Office or Immigration Officer in accordance with the place of residence of the foreigner concerned. So, you can apply for KITAP/ITAP at the Immigration Office of Denpasar, and apply for the Foreigner Registration Service.

In conclusion, ITAP can be granted to foreigners holding ITAS as workers, if the foreigner has met the requirements for the completeness of documents and the provisions for fulfilling commitments, has lived for 3 consecutive years in Indonesia, and has signed the Declaration of Integration. In addition, the position or job to be occupied by foreign workers must not violate the provisions in Regulation of the Minister of Manpower 349/2019 regarding positions that are prohibited from being occupied by foreign workers.

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Law Number 13 of 2003 on Manpower;
2. Law Number 6 of 2011 on Immigration;
3. Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation which has been enacted into law under Law Number 6 of 2023;
4. Regulation of the Government Number 48 of 2021 on the Third Amendment to Regulation of the Government Number 31 of 2013 on the Implementing Regulation to Law Number 6 of 2011 on Immigration as amended by Regulation of the Government Number 40 of 2023 on the Fourth Amendment to Regulation of the Government Number 31 of 2013 on Implementing Regulation to Law Number 6 of 2011 on Immigration;
5. Regulation of the Minister of Manpower Number 349 of 2019 on Certain Positions Prohibited to be Occupied by Foreign Workers;
6. Regulation of the Minister of Law and Human Rights Number 22 of 2023 on Visas and Stay Permits.

Reference:

Pendaftaran Layanan WNA (Foreigner Registration Service), Immigration Office of Denpasar, accessed on 20 October 2023, at 14.40 Western Indonesian Time (zone).

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[1] Article 1 number 13 Law Number 13 of 2003 on Manpower (“Manpower Law”).

[2] Article 81 number 4 Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation (“Perppu Job Creation”) which amended Article 42 section (4) Manpower Law.

[3] Article 81 number 4 Perppu Job Creation which amended Article 42 section (5) Manpower Law.

[4] Article 106 number 1 Perppu Job Creation which amended Article 23 Law Number 6 of 2011 on Immigration (“Immigration Law”).

[5] Article 106 number 6 Perppu Job Creation which amended Article 54 section (1) Immigration Law jo. Article 152 section (1) Regulation of the Government Number 48 of 2021 on the Third Amendment to Regulation of the Government Number 31 of 2013 on the Implementing Regulation to Law Number 6 of 2011 on Immigration (“Government Regulation 48/2021”).

[6] Article 152 section (3) Government Regulation 48/2021.

[7] Article 60 section (1) Immigration Law.

[8] Article 153 section (1) Regulation of the Government Number 40 of 2023 on the Fourth Amendment to Regulation of the Government Number 31 of 2013 on Implementing Regulation to Law Number 6 of 2011 on Immigration (“Government Regulation 40/2023”).

[9] Article 153 section (2) Government Regulation 40/2023.

[10] Article 154 section (1) Government Regulation 40/2023.

[11] Article 154 section (2) Government Regulation 40/2023.

[12] Article 175 Regulation of the Minister of Law and Human Rights Number 22 of 2023 on Visas and Stay Permits (“Regulation of the Minister of Law and Human Rights 22/2023”).

[13] Article 177 Regulation of the Minister of Law and Human Rights 22/2023.

[14] Article 178 Regulation of the Minister of Law and Human Rights 22/2023.

[15] Article 179 section (1) jo. Article 173 letter a Regulation of the Minister of Law and Human Rights 22/2023.