Foreign Worker Utilization Plan
(Rencana Penggunaan Tenaga Kerja Asing/ RPTKA)

Written by Putu Ferlyne Grace Evangeline Wardana on 07/08/2024
The author’s views are entirely their own and may not always reflect the views of Putranto Alliance.

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Introduction

In an increasingly open era of globalization, international labor has become a common phenomenon. This trend is evident in Indonesia, which has experienced a significant increase in the utilization of foreign workers or Tenaga Kerja Asing (“TKA”) across various sectors. To regulate and oversee the use of these foreign workers, the Indonesian government requires the approval of a Foreign Worker Utilization Plan. This product sheet will discuss more about this plan and how we can assist you.

Definition

The Foreign Worker Utilization Plan (RPTKA) is a document required by employers in Indonesia to hire foreign workers and is issued by the Ministry of Manpower of the Republic of Indonesia. This plan is mandatory for foreigners who intend to work in Indonesia because it is needed to apply for a VITAS.

The Importance of Acquiring RPTKA

The necessity of RPTKA stems from several critical factors:

  1. Regulatory Compliance
    It ensures that employers adhere to Indonesian labor laws and regulations, which mandate the approval of foreign worker utilization plans.

  2. Work Visa Application
    It is a prerequisite for obtaining a VITAS, which is essential for foreign workers to legally reside and work in Indonesia.

  3. Labor Market Protection
    By regulating the employment of foreign workers, the plan helps protect the local labor market and ensures that foreign employment does not adversely affect local job opportunities.

  4. Skill Transfer
    The requirement for local Indonesian assistants to foreign workers facilitates the transfer of skills and technology, contributing to the development of the local workforce.

The Best time to Apply for RPTKA

The optimal time to apply for RPTKA is before the intended start date for foreign workers. Here are some key considerations:

  1. Pre-Employment
    Employers should initiate the application process before the foreign worker arrives in Indonesia to ensure all necessary approvals are in place.

  2. Project Planning
    For project-based employment, it is advisable to apply during the project planning phase to avoid delays.

  3. Renewals and Extensions
    For existing foreign workers, applications for renewals or extensions should be submitted several months before the current approval expires to ensure continuity of employment.

The Process of obtaining RPTKA

The process of obtaining RPTKA involves several steps and requirements:

  1. Preparation of Documents
    • Educational diplomas
    • Competency certificates
    • Employment agreements
    • Passport copies
    • Recent photographs
    • Approval letters

  2. Online Submission
    • The RPTKA application is completed online through the TKA Online portal (https://tka-online.kemnaker.go.id).
    • Employers must upload all required documents to the portal

  3. Verification by Ministry of Manpower
    • The Ministry of Manpower reviews and verifies the submitted documents.
    • Upon approval, the RPTKA is issued, allowing the employer to proceed with the VITAS application.

  4. VITAS Application
    • Documents uploaded to the TKA Online portal are forwarded to the Directorate General of Immigration.
    • The VITAS, which will transition into a Limited Stay Permit Card or Kartu Izin Tinggal Terbatas (“KITAS”) upon approval, is issued to the email registered on the TKA Online account.

  5. Reporting Certificate or Surat Tanda Melapor (“STM”)
    • Employers must report the presence of foreign workers to the local police.
    • Required documents include a passport, KITAS, employment letter, and a recent colored photograph.
    • The STM is applied for at the Local Police (Kepolisian Daerah) or Resort Police (Kepolisian Resor).

  6. Certificate of Domicile or Surat Keterangan Tempat Tinggal (“SKTT”)
    • SKTT records the official residential address of the foreign worker in Indonesia.
    • Required documents include a passport, KITAS, employment letter, STM, and a recent colored photograph.
    • The SKTT is submitted at the Civil Registry Service Office (Dinas Kependudukan dan Catatan Sipil or Disdukcapil).

Things to Consider When Applying for RPTKA

When applying for RPTKA, it is essential to understand the various requirements and procedures to ensure an efficient application process. Here are the key considerations.

  1. Legible Types of Jobs
    Some specific sectors that can be occupied by TKA according to Minister of Manpower Decree Number 228 Year 2019 concerning Certain Positions that Can Be Occupied by Foreign Workers are as follows.
    1. Construction;
    2. Real Estate;
    3. Education;
    4. Processing Industry;
    5. Water management, wastewater management, waste management and recycling, and remediation activities;
    6. Transport and warehousing;
    7. Arts, entertainment, and recreation;
    8. Provision of accommodation and provision of food and beverages;
    9. Agriculture, forestry and fisheries;
    10. Rental and leasing activities without option rights, employment, travel agencies, and other business support;
    11. Finance and insurance activities;
    12. Human health and social activities;
    13. Information and telecommunications;
    14. Mining and quarrying;
    15. Electricity, gas, steam/hot water, and cold air procurement;
    16. Wholesale and retail trade, repair and maintenance of cars and motorcycles;
    17. Other service activities; and
    18. Professional, scientific and technical activities.

  2. Illegible Types of Job
    There are several types of jobs that do not allow foreign workers, such as:
    1. Directors or commissioners with certain share ownership, or shareholders according to statutory regulations;
    2. Diplomatic and consular employees at foreign state representative offices; or
    3. Foreign workers required by employers in activities such as production, which have stopped due to emergencies, vocational training, technology-based start-up companies, business visits, and research for a specific period.

  3. Local Indonesian as TKA Assistant
    In hiring foreign workers, employers are required to appoint Indonesian citizens as assistants. This is intended for the transfer of technology and skills from foreign workers. However, those who are directors and commissioners, heads of representative offices, supervisors, supervisors of foundations, and temporary workers do not require assistance.

  4. TKA Working in Start-up
    RPTKA is not needed for foreign workers in technology and vocational start-up companies who work for up to three months. However, the data of these foreign workers must still be uploaded through the TKA Online portal. If the foreign worker is employed for more than 3 months, they must have RPTKA approval.

  5. Income Tax Payment
    Please be aware that foreign workers who work in Indonesia are still required to pay taxes, namely income tax or Pajak Penghasilan (“PPh”). Foreign workers who have met the requisite conditions are only liable to pay tax on income received or earned in Indonesia. In the event that they do not meet the aforementioned requirements, they will be subject to income tax both from Indonesia and outside Indonesia. Some of these requirements are as follows:

    1. Has a certain expertise; and
    2. Valid for 4 tax years calculated since becoming a domestic tax subject.

    The expertise is defined as foreign workers who have expertise in the fields of science, technology, and/or mathematics with proof through certification, educational certificates, and/or work experience of at least 5 years.

How We Can Help

Putranto Alliance offers comprehensive services to assist companies in the process of employing foreign workers in Indonesia. Here are several ways in which Putranto Alliance can help:

  1. Legal Compliance
    Ensuring that the company complies with all applicable labor regulations and laws in Indonesia, reducing the risk of legal and administrative issues.

  2. Preparation of Documents
    Assisting in preparing all necessary documents for submission, including educational diplomas, competency certificates, employment contracts, and other required documents.

  3. Permit Extensions
    Managing the extensions of necessary permits before their expiration dates, ensuring the foreign worker's legal status in Indonesia is maintained without interruption.

  4. Tax Calculation Services
    Providing assistance with tax calculations for foreign workers, ensuring compliance with Indonesian tax laws. Putranto Alliance Tax and Accounting division can help with accurate and efficient tax management, reducing the risk of penalties and fines.

  5. Other Legal Matters Handling
    We are ready to assist in handling all legal issues related to the employment of foreign workers, including document preparation, compliance with regulatory requirements, application submission, and follow-up with relevant authorities.

FAQs

RPTKA can be modified by submitting a request for RPTKA approval modification before the RPTKA approval period expires.
It depends on the type of RPTKA. RPTKA approval for temporary employment cannot be extended, while RPTKA approval for employment exceeding 6 months, non-DKPTKA, and KEK can be extended.
VITAS is a visa that allows foreign nationals to enter Indonesia for the purpose of work, while KITAS is a physical card issued upon arrival that serves as the official residence permit for the duration of their stay. Once KITAS is obtained, there is no need to reapply for VITAS. 
TKA in Indonesia must adhere to a stringent set of regulations to maintain their legal status. Proper documentation is crucial, and failure to keep these documents up-to-date can lead to serious legal consequences. Here are the common issues with permit maintenance.
  1. Failure to Renew Permits.
    TKA often neglect to renew their permits on time, which can result in fines, legal issues, or even deportation. It is essential to monitor the expiration dates of permits like the KITAS and the RPTKA and apply for renewals well before they expire.
  2. Neglecting to Report to Authorities.
    Reporting to the relevant authorities is a legal requirement that is sometimes overlooked. TKA must report their presence to the local police and register their domicile. Failure to obtain a STM and SKTT can lead to penalties and complications in their legal status in Indonesia.
Yes, TKA can work in multiple locations, but they must obtain approval from their first employer before taking up employment at an additional location. Failing to secure this approval can result in violations of employment terms and potential legal issues. 

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