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“This is different from the provision in [Manpower] Law No. 13/2003 that requires the employers
of foreign workers to obtain a written permit signed by the minister. Technically, a written permit
requires a meeting between the applicant and a [manpower] officer, which is a long process.
The online service is different, which does not require direct [in-person] meetings, so it can be
done in a faster, transparent, and accountable manner,” he stressed.

As a matter of fact, Haryanto continued, the Manpower Ministry had already adopted the online
system so applicants and officers did not need to meet in person. The provisions in the Job
Creation Law therefore reinforce the use of the online service that had been adopted earlier.

The obligation to have an RPTKA does not apply to employers of foreign workers who are on the
board of directors or commissioners or own shares in the company, according to the existing
regulations.

Also exempted from the RPTKA requirement are employers of diplomatic workers or consular
staff at foreign missions in Indonesia, and employers of foreign workers needed for
manufacturing and production activities that have been halted due to a state of emergency,
vocational activities, technology startups, business visits and research activities for a limited time.

Regarding the RPTKA exemptions, the Manpower Ministry believes that clear criteria are
necessary, especially in relation to employers’ need to recruit foreign workers for the purposes
listed above.

The Manpower Ministry and the Law and Human Rights Ministry provide the licensing services
related to the employment of foreign workers. The Manpower Ministry oversees the endorsement
of the RPTKA and the notification on the use of foreign workers, while the Law and Human Rights
Ministry oversees the processing of the Temporary Stay Visa (VITAS) and the Temporary Stay
Permit (ITAS).

These services are all provided through the TKA-Online system on the Manpower Ministry
website, which is integrated with the management information system (SIMKIM) of the Law and
Human Rights Ministry.

The length of time needed to process the legal documentation required to hire foreign workers
was previously more than 20 days. But now, through an online integrated service system, the
process has been shortened; it takes just six days in total: four days for endorsing the RPTKA
and the foreign worker employment notification, and only two days for the VITAS issuance, while
the ITAS is issued at the immigration counter upon the foreign workers’ arrival in Indonesia.

Regarding the management of foreign worker employment, Haryanto underlined that it was
necessary to harmonize the relevant manpower and immigration regulations on the employment
of foreign workers.

“The regulations should be harmonized, besides which, the relevant ministries must have strong
commitment,” he said.

Government Regulation No. 31/2013 on immigration states that a VITAS is also granted to
foreign nationals engaged in jobrelated activities including those who work on marine vessels,
floating platforms or installations in Indonesian waters, maritime territory, continental shelf, and
Exclusive Economic Zone.

Under the Job Creation Law, every employer of a foreign worker is required to have an RPTKA
that has been endorsed by the central government, including employers of foreign workers who
work on Indonesian-flagged vessels or floating platforms.

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