Can i get a job using permanent KITAP?

[cesar123123]

Hi, im from Japan and i live in bali, indonesia from 2000 until now (17 years), and few month ago me and my brother got permanent stay permit (permanent KITAP). My mother is the sponsor (indonesian), and my father is Japanese. Until now i'm still unemployed and (sorry personal) my father is going back to japan 5-6 years ago until now he didnt contact us and even the consultant of japan couldnt help us to find him and give solutions to us. Now im 21 y/o and i want to get a job for sake of living in bali with my mother and brother. But im only have My KITAP, passport and planning to make KTP for WNA now (because for economic reasons. But later we told by the "Kaling/Kepala Lingkungan" in Banjar that its free for get the KTP now) and also me and my brother already in KK( kartu keluarga) with my mother. And also Since there's UUD no.6 tahun 2011 pasal 61 that says :

"Pemegang Izin Tinggal terbatas sebagaimana dimaksud
dalam Pasal 52 huruf e dan huruf f dan pemegang Izin
Tinggal Tetap sebagaimana dimaksud dalam Pasal 54 ayat
(1) huruf b dan huruf d dapat melakukan pekerjaan
dan/atau usaha untuk memenuhi kebutuhan hidup
dan/atau keluarganya."

So can i get a job? Is it im must using KTP, KK and KITAP? Or i must using Working Visa/Visa kerja something like that?

Can someone helping me for sake of my family? Sorry if got wrong thread/post and also sorry for too personal. And also sorry for bad grammar. I hope someone can give solutions for this. Thank You so much.

[marcus]

(1) ... So can i get a job?

(2) Is it im must using KTP, KK and KITAP?

(3) Or i must using Working Visa/Visa kerja something like that? ...

(1) Yes , you can . If for a PT company , you have to add a Work Permit to your KITAP . For informal work you would not need a Work Permit (see some examples below) .

(2) The KITAP is the basic document . I guess depending on the employer he/she may require KK and KTP too . By the way , you are required to have both the KK and KTP Orang Asing . These documents usually are free but if you apply for them late (around 60 days afer the issuance of he KITAP) , there may have a penalty .

(3) No , you don't need a work KITAS or a work KITAP .


---------------------------------------------

(tranlation from http://percaindonesia.com/catatan-so...-7-maret-2015/ , about a meeting with Manpower officers and PERCA Indonesia , which is an association of Indonesian married with foreigners)
[.....
A) Holders of KITAS/KITAP sponsored by spouse are allowed to work in the company during a full worl permit , including having IMTA .
B) Foreigner workers cannot work in two different places (the same profession or different) EXCEPT investor / commissioner of PMA (If one works in three places the number of IMTA must also be 3).
C) If the activities of the foreign worker are in more than 1 place / province then he/she must have inter-provincial IMTA .
D) Case: Husband / wife of a mixed marriage with cuisine chef background want to open a small café, with a small seating area is classified as a small business and does not require IMTA. When this business grows crowded and large, than it is necessary to have operating permits from the relevant authorities . When the businesses becomes a legal entity, then this foreign worker must have IMTA.
E) Case: Foreign husband of a mixed marriage is already retired. Enters Indonesia with VOA and becomes an investor in a hotel in Bali. Once in a while he does work behind the scenes such as checks on the financial controll department. With such conditions, it means the husband has been conducting work in Indonesia and must have KITAS and IMTA, because even not all the time he is working .
F) A foreigner in a mixed marriage with KITAS sponsored by wife. Working from home and having online businesses. Does not have an office and legal business such as PT or PMA. Because this foreigner is conducting work even though he only works online so this foreigner must have the IMTA. This foreigner also cannot sign work contracts in Indonesia on behalf of himself .
G) A foreigner who works and own business as an acupuncturist, must obtain an official recommendation from the local health office before doing business and work activities. If already have a recommendation from the relevant authorities, the foreign must have the IMTA to be able to work in Indonesia .
H) A foreigner holder of KITAS/KITAP sponsored by spouse is allowed to work in Indonesia. The need of IMTA is to be seen from what the job, workings for a legal entity or not, small or large business .

CONCLUSION:
Although the Immigration Act 6 of 2011 Article 61 states that the holder of a Limited Stay Permit and Permanent Stay Permit can work and/or do business to make ends meet for him/her and/ for his/her family, but still has to refer back to the Labour Law No. 13 year 2003 and Permenakertrans No. 12 year 2013, which essentially mean that a foreign worker in a mixed marriage is allowed to work without a work permit if in the informal sector, freelance or have a small business which is not a legal entity. When working in a legal entity then MUST have IMTA.]

Note 1 : Although the focus were the mixed married couples , these situations are also valid for foreigners holding KITAP sponsored by their Indonesian : mother , father , brother or sister .

Note 2 : IMTA = Work Permit

[cesar123123]

Hi, we are very grateful to you for the information about this working permit. Im told my mother and she is very thankful to you for the information.

As for now, we disscused to open a small cuisine business and now she is relaxed that me and my brother can help her for this small business. Once again, thank you so much .

[Gemes]

H) A foreigner holder of KITAS/KITAP sponsored by spouse is allowed to work in Indonesia. The need of IMTA is to be seen from what the job, workings for a legal entity or not, small or large business .

CONCLUSION:
Although the Immigration Act 6 of 2011 Article 61 states that the holder of a Limited Stay Permit and Permanent Stay Permit can work and/or do business to make ends meet for him/her and/ for his/her family, but still has to refer back to the Labour Law No. 13 year 2003 and Permenakertrans No. 12 year 2013, which essentially mean that a foreign worker in a mixed marriage is allowed to work without a work permit if in the informal sector, freelance or have a small business which is not a legal entity. When working in a legal entity then MUST have IMTA.]

Thanks for quoting the legal basis for that opinion.. Has it been tested in any case folks on this forum know about? Because while I haven't had a look at the whole thing yet, the opening definitions part of the ministerial decree (12/2013) reads:

"Pasal 1 - Dalam Peraturan Menteri ini yang dimaksud dengan:
1. Tenaga Kerja Asing yang selanjutnya disingkat TKA, adalah warga negara asing pemegang visa dengan maksud bekerja di wilayah Indonesia."

Well, in the case of the person who started this thread, or also in the case of others whose KITAP is sponsored by for example their spouse, and who are raising children here, are they not holding a visa NOT with the primary intention of working in Indonesia, as the definition of TKA specifically requires, but instead with the primary intention of performing their role as an integral part part of their family unit? In which case it seems to me that they are not "TKA" and hence that the rest of the permen doesn't apply wherever it refers to "TKA" (which is everywhere within the text, I think).

[Gemes]

I forgot, there's a venerable thread on this topic - which seems to be to be left still somewhat up in the air. http://www.livinginindonesiaforum.or...itap-confusion Still, I don't recall any reports on here of "non-TKA" foreigners being in trouble for not paying for an IMTA/work permit.

[marcus]

(a) Thanks for quoting the legal basis for that opinion..

(b) Has it been tested in any case folks on this forum know about? ...

(a) Be informed that the legal basis is part of what the Manpower officers told PERCA .

(b) I don't know .