At the beginning of the Covid-19 Pandemic in Indonesia, the government immediately implemented a ban on the traffic of foreigners including foreign workers (TKA) through the Minister of Law and Human Rights Regulation Number 11 of 2020 concerning the Temporary Prohibition of Foreigners Entering the Territory of the Republic of Indonesia (Permenkumham 11) / 2020). This regulation prohibits foreign citizens (WNA) from entering Indonesia with a few exceptions.
In Permenkumham 11/2020, foreigners who are exempted from entering Indonesia during the Covid 19 Pandemic are:
- Foreigners holding Limited Stay Permits and Permanent Stay Permits;
- Foreigners holding Diplomatic Visas and Service Visas;
- Foreigner who holds a Diplomatic Stay Permit and an Official Stay Permit;
- Medical aid and support personnel, food and humanitarian reasons;
Conveyance crew; and - Foreigners who will work on national strategic projects.
Since the beginning of April, the regulation to prohibit foreigners is still in effect until today. This has caused concern among business actors because of the postponement of many important projects requiring the assistance of foreign experts. After 3 months of banning foreigners from entering Indonesian territory, the Government in this case the Investment Coordinating Board (BKPM), the Ministry of Manpower (Kemenaker) and the Ministry of Law and Human Rights (Kemenkumham) jointly made an agreement regarding the procedure for bringing in foreign workers during the Covid-19 Pandemic.
BKPM, the Ministry of Manpower, and the Ministry of Law and Human Rights jointly made a Support Agreement for the Use of Foreign Workers during the Covid-19 Pandemic. The agreement formulates new procedures and requirements that must be met by the company if it wants to bring in foreign workers during the Covid-19 Pandemic is to have a Written Recommendation from BKPM. The following are important things that need to be known regarding the BKPM Recommendation for Bringing in Foreign Workers.
Required for Processing of All Foreign Workers Permit Documents
BKPM recommendations are needed from the early stages of processing a TKA permit, namely RPTKA. Until the final stage when foreigners will enter Indonesia. This Letter of Recommendation will provide copies to the relevant agencies to give approval and permission to the Company to bring in foreign workers. These agencies are the Director General for Binapenta and the Ministry of Manpower, the Director General for Immigration at the Ministry of Law and Human Rights, the Director for Stay Permits and the Director for Supervision of Immigration Enforcement and the Director for Controlling the Use of Foreign Workers at the Ministry of Manpower.
Valid for TKA holders of Visa and Kitas Workers
BKPM recommendations are needed not only to bring in foreign workers, but for foreigners who will enter Indonesia for the purpose of business talks using a Business Visa, then companies in Indonesia that guarantee it or invite them must first have a recommendation from BKPM.
There is no minimum limit and maximum number of foreigners to be brought in
The BKPM recommendation letter is required for all companies that will bring in foreign workers regardless of the number of foreign workers who will be brought in. However, if the number of foreign workers to be brought in is more than 500 people, then through this recommendation BKPM will provide a notification letter to DPMPTSP and a copy to the Ministry of Manpower and the Director General of Immigration.
Process Flow of Getting BKPM Recommendation
- Company/applicant submits Application Documents for Company Representative and/or
Expert Foreign Worker (application documents) which consists of:
a. Application document addressed to BKPM Chairman;
b. Application document signed by highest ranking company officer (President Director/Chairman/Director/CEO);
c. Contact details of person responsible for application documents (cellphone number);
d. Statement of purpose of bringing in company representative and/or expert foreign
worker during Covid-19 pandemic;
e. Details of implementation of investment activities (total investment, project location);
f. Plans of Indonesian Workers Employment;
g. Credentials of company representative and/or expert foreign worker which consists of
Name, Passport Number, Citizenship, Position and/or department according to applicable laws;
h. Agreement to comply with Covid-19 health protocols;
in hardcopy form to BKPM Administrative Office (BKPM Office, Ismail Saleh Building 2nd Floor, Jl. Gatot Subroto Kav. 44, South Jakarta) and be given a receipt for application documents submitted; - BKPM Administrative Office records the application documents in the letters received
ledger and saves the documents in hardcopy form by checking the above requirements
(points 1a through 1c); - BKPM Administrative Office shall return application documents which do not meet the
above requirements; - BKPM Administrative Office shall forward to the BKPM Chairman Administrative Office
application documents that meet the requirements in hardcopy; - BKPM Chairman Administrative Office shall send application documents in hardcopy and
softcopy to receive disposition by the BKPM Chairman and forward the application
documents to the BKPM Evaluation Team; - BKPM Evaluation Team will verify documents in compliance with the above requirements
(points 1d through 1h); - BKPM Evaluation Team will contact the person responsible for the application and return
application documents if it fails to meet the requirements above; - BKPM Evaluation Team will prepare Company Representative and/or Expert Foreign Worker
Visit Supporting Letter (supporting letter) in hardcopy, and forward the supporting letter to
be signed by BKPM Officer (Deputy Chairman for Investment Climate Development on
behalf of BKPM Chairman); - Signed Supporting Letter will then be forwarded to agencies concerned by BKPM Evaluation
Team and archived by the BKPM Administrative Office; - The applicant may pick up copy of the Supporting Letter from BKPM Administrative Office.
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