For foreign investors to manage the stay permit no less important to understand how the terms and procedures of the establishment of PT PMA in Indonesia. Because the stay permit is not only needed by foreign nationals who will work in Indonesia, but also those who do foreign investment activities.

But what is the procedure of filing a stay permit for foreign investors as a permit to stay for foreign who will work in Indonesia?

Referring to the Ministry of Manpower Regulation number 10 year 2018 on procedures for using foreign workers in article 22 mentioned:

          “Employers of TKA who employs TKA as a member of the Board of Director or Board of Commissioners with shares ownership in accordance with the provisions of the legislation and diplomatic and consular officers in the representative office of foreign countries are excluded from the notification."

Further, affirmed in article 26 letter C, Exemption for Payment of Fund Compensatory User of TKA (DKP-TKA) is: "For employers of TKA who employs TKA as a member of the board of Directors or members of Commissioners with the shareholding in accordance with the provisions of statutory regulations."

And the Circular letter of the Directorate General of Immigration number IMI. 3. GR. 01.10-1.0855 year 2018 also mentions :

• For foreigners as directors/commissioners as well as shareholders are not obligated to have an Expatriate Placement Plan (RPTKA);
• Against foreigners as referred to above, the Ministry of Manpower no longer issued Expatriate Placement Plan (RPTKA) and Work Permit (IMTA)/ Notification as the basis for publishing Temporary Stay Permit Card (KITAS)  and Permanent Stay Permit Card (KITAP).

 

In the latest Investment Coordinating Board (BKPM) Regulation number 5 year 2019 as an amendment to the Investment Coordinating Board regulation number 6 year 2018, article 48 paragraph (2), which one of the licensing services and the regulated investment facility is a recommendation to give an Admission (VITAS) as a Shareholder.

The next process is submitted through BKPM by following the requirements of the attachment of the BKPM regulation. If the application document is complete then the application process will be received and processed.

Furthermore, the BKPM will issue a recommendation where the original copy will be forwarded to the Immigration Office, and the recommendation will be used in the submission of a limited stay Visa for the shareholder's code.

Although various facilities have been given by the Government, but at the stage of the application is still a lot of related parties/agencies such as the Tax office at the time the Investor will make a Taxpayer Identification Number (NPWP) still ask Expatriate Placement Plan (RPTKA) and Work Permit (IMTA) as a requirement to be fulfilled by the Investor, so before you decide to take care of your stay permit, you should consult your legal consultant.

 

Best Regards,

Desy Yuliani, S.H. (Staff)

desy.kan@tax-legal.id / +62 813 1876 0163

Nur Hakim, S.H., M.H., C.L.A. (Partner)

hakim.kan@tax-legal.id / +62 813 8015 1334

https://tax-legal.id/