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Additional efforts must be made to improve coordination between the relevant state institutions
overseeing the employment of foreign workers on marine vessels in Indonesian waters.
Employers of foreign workers that fall under these classifications are obligated to have an RPTKA.

Up to now, many foreigners working on Indonesian-flagged vessels hold VITAS/ITAS that were
obtained merely on the recommendation of the Sea Transportation Director General, and their
employers do not have a legally endorsed RPTKA. Apart from that, the immigration regulation
allows foreign workers to be hired on a probational basis to trial their skills.

Government Regulation

No. 31/2013, especially the provision on foreigners that are engaged in job-related activities,
must confirm that employers are obliged to obtain an RPTKA, including employers of foreign
workers who work on Indonesian-flagged vessels or floating platforms; but the provision on
hiring foreign workers on a probational basis to trial their skills must be removed because it does
not comply with the working principles regulated in the Job Creation Law. The Job Creation Law
stipulates that foreign workers may work only in accordance with certain provisions on position,
time and competency and does not permit the hiring of foreign workers on a probational basis.
It is important to enforce the regulation so that the hiring of foreign workers can occur alongside
the principles of utilization, security and the law.

Caption:

The building housing the Manpower Ministry pierces the Jakarta skies above a fountain adorned
with the ministry’s sign. The ministry is disseminating key provisions of the Job Creation Law (UU
Cipta Kerja), including the provisions and implementing regulations that govern the employment
of foreign workers (TKA).

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