Director/Komisaris RPTKA,IMTA,DPKK _new PR 20/2018

[Emily888]

Hi All, would like to ask re. new PR 20/2018 regulation co.Director/Komisaris who is also Pemegang saham/shareholder.

question 1: is this already in effect?

question 2: Director/Komisaris no need RPTKA , IMTA and therefore, NO DPKK fee (1200 USD/year) ?

question 3: I am an active Director & also Pemegang saham/50% share in my very own PT PMA.( Perdagangan Besar/Trading/agency Co.)
I have presently still valid RPTKA and IMTA ( till 2019).....Live in Indonesia and have KITAP till 2022.

When these doc. (my present RPTKA & IMTA) are close to expire date in 2019,what should i do?
Just do nothing or should apply or do any report to MOM ?
Then,is there something to be reported or changes (Perubahaan) made in Immigration for my KitaP (valid till 2022)?

question 4 : is there an english version of the PR 20/2018 ( link would be appreciated).

I'd be grateful for short comments/tips on above.
Thank you v.much.

[marcus]

1: is this already in effect?

2: Director/Komisaris no need RPTKA , IMTA and therefore, NO DPKK fee (1200 USD/year) ?

3: ... When these doc. (my present RPTKA & IMTA) are close to expire date in 2019,what should i do?
Just do nothing or should apply or do any report to MOM ?

3a: Then,is there something to be reported or changes (Perubahaan) made in Immigration for my KitaP (valid till 2022)?

4 : is there an english version of the PR 20/2018 ...

1: Yes , as far as I know .

2: I think the IMTA/Work Permit is necessary for any foreigner intending to work (my view from the Manpower Law , UU no.13/2003) . If you read Article 10 of the PerPres no.20/2018 (that states the RPTKA is not required for your case) , you will not see any mention to IMTA .
According to Article no.16 of the PerPres , Directors/Komisaris are not exempted to pay that USD1'200/year fee .
Note : Better talk to Manpower and Immigration to be sure .

3: I guess it depends on which option you want to take . You are eligible to either the Work Visa/KITAS/KITAP , or the Investor Visa/KITAS/KITAP .

3a: The changes that you need to report to Immigration are specified in Article 71 of the Immigration Law (see below) . If you decide for the Investor Visa/KITAS/KITAP , you will maybe need to cancel your present KITAP .

4: I don't know (I have it in Indonesian and translate its parts , when necessary , at Google Translate) .


http://www.livinginindonesiaforum.or...tor-imta-kitas (related thread)


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


UU no.6 , year 2011
Article 71
Each foreigner residing in the Territory of Indonesia shall:
a. provide all necessary information regarding the identity and / or their families, and report any changes in civil status, nationality, occupation, sponsor, or a change of address to the local Immigration Office; or
b...

Article 116
Each Foreigner who do not perform his/her obligations as stipulated in Article 71 shall be punished with a maximum confinement of 3 (three) months or a fine of up to 25,000,000, 00 (twenty five million rupiah).

[Emily888]

Thank you very much for all information,Marcus. WEll noted. Re.Imta/Dpkk for Director i am confused.Guess i'll drop in one day to Depnaker to ask about it.Good day to you.

[marcus]

... Guess i'll drop in one day to Depnaker to ask about it ...

Let me explain why I think it is important to talk to Immigration too : although the PerPres stating about Manpower subject is the source of the confusion , Immigration is the Government Department that monitors our (foreigners') actions and it is the Immigration Law that criminalize our use of wrong Visas (Immigration is the one that deports and/or puts foreigners in jail) .

If you decide not to work anymore , you may have to ask Immigration if you can continue with the present KITAP . This because this KITAP was based on a Work Visa , and if you stop working you will be eligible for a different Visa , a non-Work Visa (Investor Visa) .


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


From that link in my post no.2 above , it seems that the Manpower Department really think that Directors/Komisaris shareholders don't need a Work Permit/IMTA . But is this maybe because some Manpower officers think that shareholders are not supposed to work ? Also in that link you can see that Immigration requests the Work Permit/IMTA for the Work Visa .


Note : I was wrong about the connection between the DKP-TKA and IMTA , so I revised my post above .

[Emily888]

aww,that is thought provoking..Indeed, if look at things this way, looks like have to cross check with Immigration first.Thanks lot Marcus for this good advice.Brgds,