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Private Tutoring on a spouse sponsored KITAS?

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  • Private Tutoring on a spouse sponsored KITAS?

    Hi everyone,

    I was wondering if anyone could help clarify the legality of private tutoring while on a spouse sponsored KITAS. I've seen conflicting advice, perhaps because of changing laws over time, but my understanding is that non-formal work where the KITAS holder is being paid for goods or services by a private individual is considered legal. Does anyone know if this is actually the case?

    I found this article which pretty much sums up my understanding: https://americanindonesian.com/2014/...-kawin-campur/

    Thanks in advance

  • #2
    Originally posted by Farhan_AL View Post
    (1) ... I've seen conflicting advice, perhaps because of changing laws over time, ..

    (2) my understanding is that non-formal work where the KITAS holder is being paid for goods or services by a private individual is considered legal. Does anyone know if this is actually the case? ...

    (1) Assuming you are referring to KITAS (or KITAP) sponsored by the Indonesian spouse , the different opinions are not due to rule changes but instead due to lack of a implementing Regulation .

    (2) I would say that this is a relatively safe situation , but it still depends on who interprets the Laws involved .

    I would like to tell you about 2 positions I know about this subject (work according Article 61 of UU no.6 - year 2011 - Immigration Law) :
    (a) A "liberal" position stated by Atlantis (a very respected ex-super moderator of this Forum) : his position is to consider almost only UU no.6 - year 2011 (not considering most of UU no.13 - year 2003 and PerMen no.36 - year 2015 - Work Law & Regulation , because most of these rules should not be applied to foreigners mentioned in Article 61 of UU no6 - year 2011 due to the definition of "TKA" - Foreign Worker).

    (b) The more restricted (publicly stated but not officially approved) position of some Manpower officers : their position is basically to consider Immigration & Work rules and add this concept of the "acceptable informal work") .

    So , returning to your specific case , you would be more or less in line with what these Manpower officers think . I like to point to an item of the Work Law that states "no individual is allowed to directly hire a foreigner" . To comply with this , I would suggest that your Indonesian spouse set up a small business and you work informally for this small family business .

    Anyway , I suggest you to talk to your local Immigration and local Manpower government offices , specially the Manpower office , because as there is no official position about the subject we discussed above , at least it is safer if you know the position(s) of government officers who are responsible for checking your activities .


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    http://www.livinginindonesiaforum.or...382#post245382 (see below a partial copy of Atlantis' post no.36)
    [..I have discussed with middle and high ranking pejabat (government officer) in the immigration who told me: for us (read: immigration officer) you are authorized to work. The "for us" has importance. It means that as long as nakertrans (Manpower government office) does not chime in, immigration may not bother you. If your wife opens her own business, you have reasonnable chances to be ignored by nakertrans. Why? Because your wife has no chance to get an IMTA/Work permit for you if it is a small family business...]


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    http://www.livinginindonesiaforum.or...esian-and-work (work under Article 61 of UU no.6/2011)

    http://www.livinginindonesiaforum.or...ponsored-kitas (work under Article 61 - freelancer)

    http://www.livinginindonesiaforum.or...ponsored-kitas (work under Article 61 - about small business)

    http://www.livinginindonesiaforum.or...018#post246018 (work under Article 61 , work in the wife's business??)


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    UU no.13 , year 2003
    CHAPTER VIII - EMPLOYMENT OF FOREIGN WORKER
    ......
    ARTICLE 42
    (1) Every employer that employs foreign worker is under the obligation to obtain written permission from Minister (Work Permit) .
    (2) An employer who is an individual person is prohibited from employing foreign worker .
    ....
    Poster's Note : Employer must be an Indonesian based PT company
    Last edited by marcus; 2 weeks ago.

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    • #3
      Thanks for the detailed response Marcus! It sounds like this topic confuses a lot of people. I'll make a visit to the local manpower office to see what the opinion is there before moving forward

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