one of the most important things for Indonesian expatriates to remember is that the laws and regulations of the country are often modified and updated. However, sometimes the opposite is true. The laws have not been changed for some time suddenly receive a major overhaul, leaving many foreigners wonder what the changes mean.
This article will discuss two legal areas that have gone through changes in their legal frameworks. This refers to the Immigration Act and the restriction on the positions that can be held by foreigners.
In the background, the House of Representatives passed the immigration law in April 2011. It contains more accommodative provisions on permanent residence permit (ITAP), which were welcomed by foreign and their Indonesian partners. For example, spouses in a mixed marriage must be granted ITAP after residing in the country for two consecutive years (Article 60 (2)) and spouses and / or children of an alien holding a ITAP should be granted an ITAP without delay (Article 60 (3)).
Article 59 of the immigration law also allows unlimited extension of ITAP after it expires. ITAP is initially granted for 5 years and it should be noted that previously it had to be renewed every 5 years. This certainty was also welcomed by mixed marriage couples.
Currently, the law's implementing regulation (PP) awaits. The update on the PP is reported by http://www.expat.or.id/info/mixmarriages.html.
On August 14, the latest version of the PP of the immigration law was posted on the Department of Immigration website. However, the PP has not been formally ratified in October 2012.
Please note that the law is in force from the day of promulgation, which is on 5 May 2011. Regulation Application of the previous immigration law remain valid until they are replaced with new PP and as long as they are not contrary to the new law.
This means that the above procedures are applied to the new provisions, unless the procedures are contrary to the law. Therefore, the implementation remains confusion about.
On another note, Minister of Labour and Transmigration Decree No. 40 on restricted positions for foreign employees (decree) was issued in February 2012.
This decree lists 19 items which are available for foreign workers and it is the first law of Indonesia to issue such a restriction.
The positions are: Director of Personnel, Director of Industrial Relations, Human Resources Manager, Director staff development, recruitment supervisor staff supervisor Placement Personnel, Employee Career Development Supervisor, Administrator human, CEO, staff and specialist career, personnel specialist, career advisor, advisor job, employment counselor and counseling, employee mediator, administrator job Training, job Interview, job analyst, security specialist at work.
A primary concern with this list is the inclusion of the position "Chief Executive Officer". It is suggested that investors withdrew from Indonesia if they are unable to hold the position of CEO.
However, the Ministry of Labour and Transmigration explained that the CEO is not a position that is common in Indonesia. In fact, it would generally refer to the position of the highest leadership in society. In other words, a CEO would be a resource manager and the administration. Other comments suggest that the restriction on the position of CEO effective for Indonesian owned businesses because of the CEOs of these companies manage human resources, which is restricted for foreigners. Apparently this does not apply to CEOs of companies with foreign shareholders from their duties do not include the management of human resources.
It is clear from the two laws there are implementation issues and interpretation. It is left to the readers to ensure that they are equipped with patience and attention to detail. What you do not know about Indonesian law is sometimes more important than what you do know, and so whenever something is a concern for you, do not hesitate to seek legal advice or information from relevant sources at once.
(Everything written in this article is intended to provide information only and is not intended for legal advice).