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I have already been on a spouse-sponsored KITAP for 10 years. Due to a new business opportunity, I have been offered a position as Director and shareholder with a newly formed start-up company. My question is, apart from the company needing normal IMTA requirement, can I accept this position but still keep my spouse-sponsored KITAP or do I need to change the KITAP sponsor to the new company? Any informed advice would be appreciated. Thanks in advance.
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Walk quietly and carry a bloody big stick... (Teddy Roosevelt didnt say "bloody" did he?) -
Originally posted by BULE_NYASAR View Post
I think you may just stay with your present KITAP , and depending on how much is your shares (Rp1 billion minimum ??) , you may not need anything else (you will need to confirm this maybe with BKPM (https://www.bkpm.go.id/) and Manpower Department (https://tka-online.kemnaker.go.id/) .
In my view , your case is affected by 2 rules :
- the first rule is on the Immigration Law (UU no.6 , Year 2011) which gives you the right to work , and is not yet regulated but few cases have been already accepted by just adding a Work Permit to a KITAS/KITAP sponsored by Indonesian spouse .
- the second rule is on the Manpower Regulation which lets a shareholder : Director or Comissioner have the "Investor Visa/KITAS/e-ITAS" which does not need a Work Permit .
The first rule is still the same , but the second rule has been revised already , although I guess , not significantly . Now it looks that there is no IMTA anymore , but in practice the need for a work permit (for the majority of the foreign workers) is still there .
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PerPres no.20 Year 2018 (non-official translation)
Article 10
(1) Employer of foreign worker is not required to have RPTKA to employ a foreign worker who is :
a. shareholder who serve as a Directors or a Commissioner ;
b. diplomatic and consular officers ...
c. Foreign worker in the type of work required by the government.
(2) The type of work required by the government as referred to in paragraph (1) letter c shall be determined by the Minister.
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PerMen no.8 Year 2021 (non-official translation)
Article 30
The need of RPTKA does not apply to:
a. director or commissioner with certain shares ownership, or shareholders in accordance with the provisions of laws and regulations;
b. diplomatic and consular officers ...
c. Foreign worker required by a company in the types of production activities that are stopped due to emergencies, vocational training, technology-based start-ups, business visits, and research for a certain period of time.
Article 31
(1) The director or commissioner with certain shares ownership, or the holder of the endorsement of shares for whom a RPTKA is not required as referred to in Article 30 letter "a" must meet the criteria in accordance with the provisions of the legislation in the investment field .
(2) Director or commissioner with certain shares ownership, or shareholder as referred to in paragraph (1) shall obtain a recommendation (for getting a visa /residence permit) from the agency in charge of coordinating policies and services in the investment sector .
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From Oentoeng Suria & Partners in Association with Ashurst
Title : Indonesia"s Omnibus Law : A Breakthrough - Key Highlights (after the approval of the Omnibus Law in the end of 2020)
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The Omnibus Law revokes or amends the following provisions under the Manpower Law:
1) the obligation requiring an employer to possess a written permit (Izin Menggunakan Ternaga Kerja Asing/IMTA) from the Minister of Manpower to employ a foreign worker. Under the Omnibus Law, the employer is only required to present a Foreign Worker Utilization Plan (Rencana Penggunaan Tenaga Kerja/RPTKA) which will be validated by the Central Government;
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This Omnibus Law also introduces additional exemptions from the employer’s obligation to produce an RPTKA for directors, and commissioners, as well as foreign workers required by employers in production activities that are stopped due to emergencies, vocational (vokasi), start-ups, business visits and research for a fixed period of time.
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Hi MarcusOriginally posted by marcus View Post
Thanks for your feedback. Very useful and well-informed advice, as always. I will look deeper into the current regulations before going further.Walk quietly and carry a bloody big stick... (Teddy Roosevelt didnt say "bloody" did he?)Comment
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