KTAS dan EPO
Please be informed that to employ Foreign Workers (Tenaga Kerja Asing / TKA) is not arbitrary, which means that to employ TKA, the company that shall employ the TKA requires a Permit to be obtained from the Ministry of Manpower of the Republic of Indonesia. Some Legal Consultants' offices receive services for the handling of Foreign Workers Permits, such as Re-use of Foreign Workers (Rencana Penggunaan Tenaga Kerja Asing / RPTKA), Permit to Employ Foreign Personnel (Izin Menggunakan Tenaga Kerja Asing / IMTA).
After handling RPTKA and IMTA, the foreign workers must pay Telex Visa and obtain a Limited Stay Permit Card (Kartu Izin Tinggal Terbatas / KITAS) issued by the Directorate General of Immigration. Regulations on the Procedures of the Use of Foreign Workers is stipulated in the Regulation of the Minister of Manpower of the Republic of Indonesia Number 35 Year 2015.
A. KITAS
The first step is to carry out Employer Registration through http://pjp3tka.kemnaker.go.id. Fill out all of the company’s data and upload the following documents:
- NPWP.
- Business License.
- Deed of Establishment and Decree of Legalization.
- Company Registration Certificate.
- Description / Identity of Foreign Workers Permit Board
If the application is approves, the Ministry of Manpower shall issue an Employer Identification Card.
The second step, the applicant is required to visit the http://tka-online.naker.go.id. Such website is where RPTKA and IMTA Application can be submitted. The applicant must register the company in advance to get the username and password to be used in http://tka-online.naker.go.id. After getting the username and password from the Ministry of Manpower then the applicant may use the website of Foreign Workers Online. Through such website, application of RPTKA and IMTA may be submitted.
The third step is handling of Telex Visa through the http://visaonline.imigrasi.go.id website.
The fourth step is to submit application of KITAS through www.imigrasi.go.id. After submitting the application, you will receive a notification notice from theimmigration with your [application number], [name] and [passport number]. Please print a notification e-mail and report it to the immigration office within 30 (thirty) days of your arrival date for your interview, data verification, and biometric and fingerprint photographs.
Give your e-mail a print notification to the immigration officer at the entrance to get your queue number. You must bring your original passport to get an ITAS registration stamp online and make a payment for your KITAS, reentry permit, and information technology management system. You will receive another e-mail notice with ITAS approval letter and KITAS attachment (limited stay permit card), and you can print KITAS yourself. The immigration office will also provide electronic or non-electronic KITAS for you.
B. Exit Permit Only (EPO)
When expatriates resign from one company in Indonesia and start working for another company or move back to his/her home country, the immigration licenses need to be revoked. This revocation is performed by way of an exit process which results in the issuance of an Exit Permit Only (EPO). Once the expatriate obtains the EPO, he must leave Indonesian territory. With his/her exit, all of the records of the expatriate are cleared / revoked.
Exit Permit Only (EPO) is stipulated in the elucidation of Article 16 (2) b of Government Regulation Number 31 of 2013 regarding Regulation Implementation of Law Number 6 of 2011 regarding Immigration that states:
- in the event the expatriate changes sponsor (moves to a new company) the EPO process must be completed before obtaining the new working permit; or
- in the event the expatriate will not continue to work in Indonesia, the EPO process must be completed before the expatriate leaves Indonesia.
The immigration legislation in Indonesia does not regulate an obligation for an expatriate to immediately start the EPO process after resignation from his/her company before the expiry date of the KITAS. Whether or not the EPO is processed immediately, depends on the old company’s willingness to cooperate. In case the process is not started immediately upon resignation, the old company shall remain liable to perform all its obligations as a sponsor for the expatriate until the EPO process is completed. Therefore in most cases the company of which an expatriate is resigning wants to process the EPO as soon as possible after resignation date.
Once having received the EPO, the expatriate is required to leave Indonesia within 7 (seven) days. However some local immigration offices have their own policy regarding this leaving period and may require the expatriate to leave Indonesia within a shorter period.
Suria Nataadmadja & Associates Law Firm
Advocates & Legal Consultants