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)


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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) .


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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,

[willie.chandra1487]

Hello,

I'm new here and I saw these post.
I'm an Indonesian and I doing KITAS for my husband, we just open an PMA and start processing the KITAS for him.

1. as he is the director of our company, and he is one of pemegang saham. is it ok to do the Investor KITAS for him.
2. what is required for this as RPTKA and IMTA are not required anymore, can I just process KITAS?

Please send me some comment/tips

Thanks & BRgds

Willy

[marcus]

(I) as he is the director of our company, and he is one of pemegang saham. is it ok to do the Investor KITAS for him.

(II) what is required for this as RPTKA and IMTA are not required anymore, can I just process KITAS?

(I) Yes , if he doesn't intend to work (as far as I understand) .
from an old information fro the Indonesian Embassy in Bern :
[Temporary Stay Visa for others non-working purposes may include:
a. Foreign Direct Investors with Temporary Stay Permit for a maximum period of 1 year (Index 313);
b. Foreign Direct Investors with Temporary Stay Permit for a maximum period of 2 years (Index 314); ...]

(II) There is now an online system from Immigration to start the process , but I guess you still can do it directly at your designated Kantor Imigrasi .
To start online :
- Register @ https://visaonline.imigrasi.go.id/on...rasi.xhtml?i=2
- After receiving the password you can start the Visa request process @ https://visaonline.imigrasi.go.id/online/

For more details check this link : http://www.livinginindonesiaforum.or...tor-imta-kitas

Usual required documents for your case :
- passport valid for 18 months for 1 year Visa or 30 months for 2 years Visa
- Minimum bank balance statement of USD1'500
- Request/Recommendation letter from BKPM/Indonesian Foreign Investment Coordinating Body (?)
- Guaranty letter (from the PMA ?)


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Be informed that you as an Indonesian you can sponsor him for the Family Visa (index 317)/KITAS , which by the way it is a better option in my view (even if he needs to work in the PMA , he can just add a Work Permit to the Indonesian spouse sponsored KITAS/KITAP .

[willie.chandra1487]

Hi Marcus,

Thank you so much for your reply..

anyway, is it complicated to do the KITAS? how long is it usually takes?

did staff from the ManPower ask for "other expenses“？

Be informed that you as an Indonesian you can sponsor him for the Family Visa (index 317)/KITAS , which by the way it is a better option in my view (even if he needs to work in the PMA , he can just add a Work Permit to the Indonesian spouse sponsored KITAS/KITAP .

=>> is it easier to do?

Thanks

Willy

[willie.chandra1487]

Request/Recommendation letter from BKPM/Indonesian Foreign Investment Coordinating Body (?)

I was informed that BKPM didn;t give any recommendation letter anymore? is it correct?

[marcus]

(a) ... , is it complicated to do the KITAS?

(b) how long is it usually takes?

(c) did staff from the ManPower ask for "other expenses“？

.. you as an Indonesian you can sponsor him for the Family Visa (index 317)/KITAS , ... even if he needs to work in the PMA , he can just add a Work Permit to the Indonesian spouse sponsored KITAS/KITAP .
(d) is it easier to do?

(e) I was informed that BKPM didn;t give any recommendation letter anymore? is it correct?

(a) Doing for the first time is always a little difficult , but I think it is not a big problem .

(b) I did it in person , it took around one month . Now people usually do it online , that seems to be quicker .

(c) The Work Permit is also done online , so it seems a transparent process .

(d) Family KITAS or Work KITAS or Investor KITAS , all have the same procedures , differing on the few required documents .
I never did a Work Permit process , but , as I said in (a) above , I guess it is not a big problem .
Be about KITAS (Immigration) or about Work Permit (Manpower) , you can always ask them and us too .

Alternatively , if you don't want to be bothered , you can hire an agent to do most of the work .

(e) I don't know . Who told you that ?

[willie.chandra1487]

(e) I don't know . Who told you that ?[/QUOTE]

=> the lawyer that helped me to do my company lisence told me that. I dont know if it is true.

I thought i'll try to do it online..

Thank You so Much ...

[marcus]

... I thought i'll try to do it online..

So , if you decide for :

i) Indonesian spouse sponsored KITAS you can start it now at the Immigration website to request the Visa (one year Limited Stay Visa , index 317) , or if the foreigner is already in Indonesia with a Family Visit Visa sponsored by the Indonesian spouse , just convert it into a KITAS sponsored by the Indonesian spouse (going personally at your designated Kantor Imigrasi or online @ https://izintinggal.imigrasi.go.id/IT-online/ .

ii) Investor KITAS , also you can start it now by requesting the Limited Stay Visa , index 313 (1 year) or index 314 (2 years) ;

iii) Work KITAS , you will first need the Work Permit from Manpower . Later you request the Limited Stay Visa , index 312 (1 year) .

[willie.chandra1487]

Hi Marcus,

I'm back again

I have successfully register my company on imigration website but i'm asked for Recomendation letter from BKPM.

where can i get this letter?

[rashton]

Can I just jump in on this thread? I have been told that in order to get the Investor KITAS, the shareholder must have personally 1 billion shares in the company. Has anyone seen to the contrary on this?

On your letter of recommendation, Did you decide to apply for the Investor KITAS? Then yes you need a letter from BPKM, that can only at present be applied for in person at their Jakarta office.

If you are applying for the work KITAS, did you get a letter called Surat Persetujuan Penanaman Model from BPKM or similar name when you started your PMA?