REPUBLIKA.CO.ID, JAKARTA -- President Joko Widodo (Jokowi) has signed presidential regulation (Perpres) No. 20/2018 on the recruitment of foreign workers. This presidential regulation was issued to support national economy and also for the expansion of employment opportunities through increased investment.

In the presidential regulation, the use of foreign workers by the employers in the working relationship for certain positions and certain time should be done by taking the labor domestic market conditions into account.

Every empoyer of foreign workers should prioritize the use of Indonesian workers in all types of positions available. If the positions could not be occupied by Indonesian workers, it could be filled by foreign workers.

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Foreign workers are prohibited from holding positions in charge of certain personnel and / or positions established by the Minister," said Article 4 paragraph (1,2) of this presidential regulation, as quoted from page Setkab.go.id.

The presidential regulation also stipulated that the employers of foreign workers in certain sectors may employ foreign workers who are employed by others in same position. The period is regulated, no longer than the end of foreign workers contract in their first employer.

The type of position, sector, and procedures for the use of foreign workers as intended, according to this presidential regulation, shall be further stipulated by minister regulation. The presidential regulation also affirms that every employer of foreign workers using foreign workers must have RPTKA (Plan of Use of Foreign Workers) authorized by the Minister or appointed official, and shall at least contain the reasons for the use of foreign workers, occupation or position, duration of use and appointment of personnel work of Indonesia as escort of foreign workers.

However, the employers are not required to have RPTKA to employ foreign workers who are shareholders as members of the board of commissioners or members of board commissioners to foreign workers employer, diplomatic and consular officers to foreign country representatives or foreign workers in the type of work required by the government.

For emergency and urgent work, according to this Presidential Regulation, Foreign Employers may hire foreign workers by submitting applications for ratification of RPTKA to ministers or appointed officials no later than 2 (two) working days after the expatriate worker. Furthermore, the ratification of RPTKA shall be issued no later than 1 (one) working day after the application is received completely.

Based on presidential regulation, foreign workers employer require to pay compensation for use of foreign workers. Payment of compensation funds for the use of foreign workers and the obligation to have RPTKA is not required for government agencies, foreign representatives, and international agencies that employ foreign workers.

Meanwhile, presidential regulation asserted every foreign worker in Indonesia must have limited stay visa or Vitas for work that filed by the employer or foreign workers directly to the minister in charge of government affairs in the field of law and human rights or appointed officials, by attaching a notification and proof of payment. The application of Vitas as referred to may at the same time be temporarily or temporarily permitted.

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