Ex-Indonesian and Work

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  • rheidzan
    Member
    • May 2017
    • 1

    Ex-Indonesian and Work

    Originally posted by marcus View Post

    UU no.6 , Tahun 2011
    Pasal 52
    Izin Tinggal terbatas diberikan kepada:
    .....
    e. Orang Asing yang kawin secara sah dengan warga negara Indonesia; atau
    f. anak dari Orang Asing yang kawin secara sah dengan warga negara Indonesia.

    Pasal 54
    (1) Izin Tinggal Tetap dapat diberikan kepada:
    a. ...
    b. keluarga karena perkawinan campuran;
    c. ...
    d. Orang Asing eks warga negara Indonesia dan eks subjek anak berkewarganegaraan ganda Republik Indonesia.

    Pasal 61
    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.

    Note : for those who don't understand Indonesian > Google Translate
    I'm sorry for hijacking original thread, but since someone brought this topic up, I wonder if someone can help explain it.

    I don't quite understand the mechanics of pasal 61. Can someone please explain?

    Does this mean the ex-WNI who now resides in Indonesia with KITAS can work OR own a business? If he/she works, does he/she needs to get work permit? If the ex-WNI owns or runs a business ("usaha"), does it mean he/she does it through PMA or just regular PT like the locals?

    I'm an ex-WNI (US) with american wife and kid. I don't have any jobs lined up, but thinking of quitting my current job and jump the gun to settle down in Indonesia.

    Do let me know if I should just post in a new thread, and I'll do so and delete this post. Thanks.
  • marcus
    Member
    • Jul 2008
    • 9173

    #2
    Originally posted by rheidzan View Post
    (1) ... Does this mean the ex-WNI who now resides in Indonesia with KITAS can work

    (2) OR own a business?

    (3) If he/she works, does he/she needs to get work permit?

    (4) If the ex-WNI owns or runs a business ("usaha"), does it mean he/she does it through PMA ...? ...

    (1) With "ex-Indonesian KITAP" (not "ex-Indonesian KITAS") .

    (2) I think the Law says "do business" not own business (you know Indonesian better than me) .

    (3) There is no Regulation to implement Article 61 yet . What some Manpower officers have said is something like :
    - If you work in a specific formal position in a PT or PT PMA , you should have a Work Permit (like any other eligible foreigner) ;
    - if you work informally in a small business owned by your relative(s) , then you would not need a Work Permit .

    (4) You can own only PMA type of business (like any other foreigner) .

    In line with (3) above , you can formally "run" (as a director , for example) , a PT PMA or a PT , with a Work Permit (like any other eligible foreigner , the difference being that you can have a Work Permit added to your "ex-Indonesian KITAP" , instead of having it tied to a "work KITAS") .

    You should not informally "run" a PT PMA or PT without a Work Permit .


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


    (free translation from http://percaindonesia.com/catatan-so...-7-maret-2015/ about acceptable work situations for foreigners married with Indonesians stated by Manpower Department's officers)
    [.....
    A) Holders of KITAS/KITAP sponsored by spouse are allowed to work in the (PT) companies with Work Permit (IMTA) .
    B) Foreigner workers cannot work in two different companies (the same profession or different) EXCEPT investor / commissioner of PT PMA (If one works in three companies , 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 Visa-On-Arrival 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 control 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/KITAP sponsored by Indonesian wife. Working from home and having online businesses. Does not have an office and legal business such as PT or PT 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, working for a legal entity or not, small or large business .

    CONCLUSION:

    Although the Immigration Law no.6 of 2011 Article 61 states that the holder of a KITAS/KITAP sponsored by Indonesian spouse 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/IMTA 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 : The above refers to foreigners holding KITAS or KITAP sponsored by the Indonesian spouse , but it is also valid to foreigners holding ex-Indonesian KITAP (see Article 61 of UU no.6 , 2011)

    Last edited by marcus; 28-04-18, 00:38.

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