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REGULATION OF THE PRESIDENT OF THE REPUBLIC OF INDONESIA

NUMBER 20 OF 2018
ON
RECRUITMENT OF FOREIGN WORKERS

BY THE GRACE OF GOD ALMIGHTY

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering:
a. that in order to support national economy and expansion of employment opportunity through the
increase of investment, it is necessary to reregulate licensing for foreign workers recruitment;
b. that regulation on licensing for foreign workers recruitment which is regulated in Regulation of the
President Number 72 of 2014 on Recruitment of Foreign Workers and the Implementation of
Education and Training for Understudy Workers, it is necessary to adjust with the development of
needs to increase the investment;
c. based on the considerations as referred to in letter a and letter b, it has been deemed necessary to
establish Regulation of the President on Recruitment of Foreign Workers.

Observing:
1. Article 4 paragraph (1) of the 1945 Constitution of the Republic of Indonesia;
2. Law Number 3 of 1951 on the Enforcement of Law on Labor Supervision of 1948 Number 23 from the
Republic of Indonesia to the entire of Indonesia (State Gazette of the Republic of Indonesia of 1951
Number 4);
3. Law Number 13 of 2003 on Manpower (State Gazette of the Republic of Indonesia of 2003 Number
39, Supplement to the State Gazette of the Republic of Indonesia Number 4279);
4. Law Number 25 of 2007 on Investment (State Gazette of the Republic of Indonesia of 2007 Number
67, Supplement to the State Gazette of the Republic of Indonesia Number 4724);
5. Law Number 6 of 2011 on Immigration (State Gazette of the Republic of Indonesia of 2011 Number
52, Supplement to the State Gazette of the Republic of Indonesia Number 5216);
6. Regulation of the President Number 91 of 2017 on Acceleration of Business Operation (State Gazette
of the Republic of Indonesia of 2017 Number 210).

HAS DECIDED:

To establish:
REGULATION OF THE PRESIDENT ON THE RECRUITMENT OF FOREIGN WORKERS.

CHAPTER I
GENERAL PROVISIONS

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Article 1
Under this Regulation of the President, the following definitions are employed:
1. Foreign Workers (Tenaga Kerja Asing) from this point onwards is referred to as TKA are foreigners
who are visa holders with the intention to work in Indonesia.
2. Understudy Workers are Indonesian workers who are appointed and prepared as an assistant for the
purpose of transfer of technology and skills.
3. Employer of Foreign Workers from this point onwards is referred to as Employer of TKA is legal
entities or other entities which recruit TKA by paying wages or other form of rewards.
4. Foreign Workers Recruitment Plan (Rencana Penggunaan Tenaga Kerja Asing) from this point
onwards is referred to as RPTKA is a plan for TKA recruitment in certain position which is drawn up by
Employer of TKA for certain period which is validated by minister whose duties and responsibilities are
concerned with manpower sector or appointed official.
5. Limited Stay Permit (Visa Tinggal Terbatas) from this point onwards is referred to as Vitas is a written
information which is provided by the authorized official in the Embassy of the Republic of Indonesia or
other places determined by the Government of the Republic of Indonesia which contains approval for
Foreigner to travel to Indonesia and become the basis for granting the Limited Stay Residency Permit
for work purposes.
6. Limited Stay Residency Permit (Izin Tinggal Terbatas) from this point onwards is referred to as Itas is a
permit which is granted for certain foreigner to stay and reside in Indonesia for certain period in order
to work.
7. Immigration Checkpoint is a checkpoint in seaport, airport, cross-border post, or other places which
have been integrated with Immigration Management Information System as the place to entry and exit
the Territory of Indonesia.
8. Manpower Supervisor Officer from this point onwards is referred to as Manpower Supervisor is Civil
Servant who is appointed and assigned in functional position as Manpower Supervision in accordance
with laws and regulations.
9. Minister is the Minister whose duties and responsibilities are concerned with manpower sector.

CHAPTER II
RECRUITMENT OF FOREIGN WORKERS

Article 2
(1) TKA recruitment is conducted by Employer of TKA in a work relation for certain position and certain
period.
(2) TKA recruitment as referred to in paragraph (1) is conducted by taking domestic job market condition
into considerations.

Article 3
Employer of TKA as referred to in Article 2 consists of:
a. government agencies, foreign country representatives, international agencies, and international
organizations;
b. foreign trade representative offices, foreign company representative offices, and foreign news
agencies who operate in Indonesia;
c. foreign private companies who operate in Indonesia;

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d. legal entities which are established based on Indonesian law in a form of Limited Liability Company or
Foundation, or foreign business entity which is registered in the authorized agency;
e. social, religious, education, and cultural organizations;
f. promoter services business; and
g. other business entities insofar that it is not prohibited by Laws.

Article 4
(1) Every Employer of TKA must prioritize Indonesian workers for every available position.
(2) In the event of position as referred to in paragraph (1) is not yet able to be occupied by Indonesian
workers, such position may be occupied by TKA.

Article 5
(1) TKA are prohibited to occupy position which is in charge of human resources and/or certain position.
(2) Certain position as referred to in paragraph (1) is determined by Minister.
(3) In the event of ministry/agencies require qualifications and competency, or prohibit TKA for certain
position, minister/head of agencies shall submit such requirements or prohibition to Minister in order to
be established.

Article 6
(1) Employer of TKA in certain sector may recruit TKA who are currently being recruited by another
Employer of TKA in similar position.
(2) TKA as referred to in paragraph (1) are recruited for maximum period of until the elapsing of working
period of TKA as stated in the TKA’s working contract with the first Employer of TKA .
(3) Type of position, sector, and procedures for the TKA recruitment as referred to in paragraph (1) and
paragraph (2) are further regulated with the Regulation of the Minister of Manpower.

Article 7
(1) Every Employer of TKA who recruits TKA shall own RPTKA which has been validated by Minister or
appointed official.
(2) RPTKA as referred to in paragraph (1) must at least contains:
a. reasons on TKA recruitment;
b. position of TKA in the relevant company organization structure;
c. period for TKA recruitment; and
d. appointment of Indonesian workers as an assistant for the recruited TKA.
(3) In order to obtain RPTKA validation as referred to in paragraph (1), Employer of TKA shall submit
application to Minister or appointed official.
(4) Application for RPTKA validation as referred to in paragraph (3) is submitted by the Employer of TKA
by enclosing the following documents:
a. business license from the authorized agency;
b. deed and decree of establishment and/or amendment from the authorized agency;
c. company organization structure;

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d. affidavit to appoint Understudy Workers and the implementation of education and job training;
and
e. affidavit to implement education and job training for Indonesian workers in accordance with the
qualifications for the position which is occupied by TKA.
(5) Other than information as referred to in paragraph (2), RPTKA may contain plan for TKA recruitment
for temporary or ad hoc job with the maximum working period for 6 (six) months, such as works to
audit, quality control, inspection at branch company in Indonesia, and works which are related to
machine installation or maintenance.

Article 8
Validation of RPTKA is granted by Minister or the appointed official within 2 (two) days at the latest after the
application is received completely.

Article 9
RPTKA validation as referred to in Article 8 constitutes a permit to recruit TKA.

Article 10
(1) Employer of TKA is not obliged to own RPTKA in order to recruit TKA who are:
a. shareholders who serve as members of Board of Directors or Board of Commissioner in the
Employer of TKA company.
b. diplomatic staff and consular in foreign embassy; or
c. TKA who are recruited on the type of works which are required by government.
(2) Type of works which are required by government as referred to in paragraph (1) letter c is determined
by Minister.

Article 11
(1) RPTKA which has been validated as referred to in Article 8 is valid in accordance with the period for
TKA recruitment plan by Employer of TKA.
(2) RPTKA as referred to in paragraph (1) must be amended insofar there is amendment to:
a. address of Employer of TKA;
b. name of Employer of TKA;
c. position which will be occupied by TKA;
d. needs to recruit TKA for temporary works and are not enclosed in RPTKA as referred to in
Article 5 paragraph (5);
e. period for TKA recruitment;
f. number of TKA which exceeds the number of TKA in the first RPTKA; and/or
g. appointment of Indonesian workers as assistant for the recruited TKA.
(3) Employer of TKA shall submit amendment to RPTKA as referred to in paragraph (2) to Minister or the
appointed official.
(4) Amendment to RPTKA as referred to in paragraph (2) must obtain validation from Minister or the
appointed official.

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Article 12
Amendment to RPTKA is validated by Minister or the appointed official within 2 (two) days at the latest since
the application is received completely.

Article 13
(1) For emergency and urgent works, Employer of TKA may recruit TKA by submitting application for
RPTKA validation to Minister or the appointed official within 2 (two) days at the latest after TKA has
commenced working.
(2) RPTKA validation as referred to in paragraph (1) is granted by Minister or the appointed official, within
1 (one) day at the latest after the application is received completely.

Article 14
(1) Employer of TKA who will recruit TKA shall submit data of TKA candidates to Minister or the appointed
official.
(2) Data of TKA candidates as referred to in paragraph (1) consists of:
a. name, gender, place and date of birth;
b. citizenship, passport number, passport validity period, and place of passport issuance;
c. name of position and working period;
d. guarantee statement from Employer of TKA; and
e. education certificate and working experience certificate or certificate of competence in
accordance with the requirements of the position which will be occupied by TKA.
(3) Minister or the appointed official shall submit notification for the reception of data of TKA candidates as
referred to in paragraph (1) to Employer of TKA within 2 (two) business days at the latest with a copy
to Directorate General of Immigration.

Article 15
(1) Employer of TKA must pay compensation for TKA recruitment for every TKA who are recruited after
receiving notification.
(2) Payment of compensation for TKA recruitment as referred to in paragraph (1) is conducted through
bank which is appointed by Minister.
(3) Payment of compensation for TKA recruitment by Employer of TKA is categorized into Non-tax State
Revenue.

Article 16
(1) Government agencies, foreign embassies, and international agencies who recruit TKA, are not obliged
to own RPTKA and pay compensation for TKA recruitment.
(2) TKA recruitment in social, religious organizations, and TKA recruitment in certain position in
educational institutions, is not obliged to pay compensation for TKA recruitment.
(3) Provision on certain position in educational institutions as referred to in paragraph (2), is further
established in Decree of Minister.

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Article 17
(1) Every TKA who work in Indonesia must own Vitas for working purposes.
(2) Vitas as referred to in paragraph (1) is applied by Employer of TKA or TKA to minister whose duties
and responsibilities are concerned with law and human rights sector or the appointed immigration
official.
(3) Appointed immigration official as referred to in paragraph (2), includes immigration official who works
in the Embassy of the Republic of Indonesia abroad.

Article 18
Vitas application as referred to in Article 17 paragraph (2) is submitted by enclosing notification and payment
receipt.

Article 19
Immigration official in the Embassy of the Republic of Indonesia abroad shall grant Vitas within 2 (two) days
at the latest since application is received completely.

Article 20
(1) Vitas application as referred to in Article 17 paragraph (2) may be simultaneously submitted with Itas
application.
(2) In the event of Itas application is conducted at once with Vitas application as referred to in paragraph
(1), process for Itas application is conducted by the Embassy of the Republic of Indonesia abroad who
is the extension of Directorate General of Immigration.

Article 21
(1) The granting of Itas is conducted at Immigration Checkpoint.
(2) Itas as referred to in paragraph (1) constitutes residency permit to work for TKA.
(3) Residency permit to work for TKA is granted for the first time for maximum 2 (two) years and may be
extended in accordance with laws and regulations.
(4) Granting of Itas for TKA as referred to in paragraph (1) is accompanied at once with granting of Re-
entry Permit for several trips which its validity period is in accordance with Itas validity period.

Article 22
In carrying out emergency and urgent works, TKA may utilize type of visa and residency permit for the
purpose of such activities as regulated in laws and regulations.

Article 23
Vitas application for work purposes and Itas for TKA are imposed on Non-tax State Revenue which is
applicable at ministry whose duties and responsibilities are concerned with law and human rights sector in
accordance with laws and regulations.

Article 24
(1) Payment of Compensation for Foreign Workers Recruitment is conducted in yearly basis in

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accordance with TKA working period in Indonesia.

(2) In the event of TKA recruitment is more than 1 (one) year, payment of compensation for the second
year and the following years as referred to in paragraph (1) shall become:
a. non-tax state revenue, in the event of TKA work in more than 1 (one) province;
b. provincial revenue, in the event of TKA work in more than 1 (one) regency/city in 1 (one)
province; and
c. regency/city revenue, in the event of TKA work in 1 (one) regency/city.

Article 25
Every Employer of TKA must ensure TKA are registered in Social Security for Labor for TKA who work for
more than 6 (six) months and/or insurance policy in insurance company which is incorporated in Indonesian
legal entity.

CHAPTER III
IMPLEMENTATION OF EDUCATION AND TRAINING

Article 26
(1) Every Employer of TKA must:
a. appoint Indonesian worker as Understudy Workers;
b. implement education and training for Indonesian workers in accordance with the qualifications
for position which is occupied by TKA; and
c. facilitate education and training for Indonesian language to TKA.
(2) Provision as referred to in paragraph (1) letter a does not apply for TKA who occupy the position as
director and/or commissioner.

Article 27
Appointment of Indonesian workers as Understudy Workers as referred to in Article 26 paragraph (1) letter a
is implemented for the purpose of transfer of technology and skills.

Article 28
(1) Education and training as referred to in Article 26 paragraph (1) letter b may be implemented in
Indonesia and/or abroad.
(2) Implementation of education and training in Indonesia as referred to in paragraph (1) is conducted in
accordance with laws and regulations.

Article 29
Understudy Workers who attend education and training shall obtain training certificate and/or certificate of
competence in accordance with law and regulations.

CHAPTER IV
REPORTING

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Article 30
(1) Employer of TKA must report the implementation of TKA recruitment in annual basis to Minister.
(2) Report as referred to in paragraph (1), consists of:
a. implementation of TKA recruitment; and
b. implementation of education and training for Understudy Workers.
(3) In the event of TKA working contract will elapse or be terminated before the working contract period
elapses, Employer of TKA must report to Minister and Head of Immigration Office in the location of
TKA residence.

Article 31
Minister or the appointed official shall submit data of TKA who are recruited by Employer of TKA to working
unit at provincial/regency/city-level government whose duties and responsibilities are concerned with
manpower sector in accordance with TKA working location.

CHAPTER V
DEVELOPMENT AND SUPERVISION

Article 32
Development to Employer of TKA in TKA recruitment as well as the implementation of education and training
is conducted by minister whose duties and responsibilities are concerned with manpower and agency whose
duties and responsibilities are concerned with manpower sector in provincial and regency/city-level in
accordance with its authority.

Article 33
(1) Supervision for TKA recruitment is conducted by:
a. Manpower Supervisor in ministry and provincial agency whose duties and responsibilities are
concerned with manpower sector; and
b. immigration officer who is in charge in immigration supervision and enforcement sector,
in a coordinated manner in accordance with the scope of respective duties and authorities.
(2) Manpower Supervision as referred to in paragraph (1) letter a shall conduct supervision in TKA
recruitment norms in accordance with laws and regulations.
(3) Supervision for education and training for Understudy Workers is conducted by Manpower Supervisor
in ministry and provincial agency whose duties and responsibilities are concerned with manpower
sector jointly or respectively in accordance with the scope of respective duties and authorities.

CHAPTER VI
SANCTIONS

Article 34
(1) Employer of TKA who violates the provision of TKA recruitment, implementation of education and

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training for Understudy Workers, and reporting is imposed on sanctions in accordance with laws and
regulations in manpower sector.
(2) Employer of TKA who provides invalid information in guarantee statement or does not comply with the
provided guarantee and TKA who violate the provision on immigration residency permit is imposed on
sanctions in accordance with laws and regulations in immigration sector.

CHAPTER VII
FUNDING

Article 35
Every cost which is needed in order to implement this Regulation of the President is borne by State Budget,
Provincial Regional Budget, as well as other valid source of funding in accordance with laws and regulations.

CHAPTER VIII
MISSCELLANEOUS

Article 36
(1) Process for TKA recruitment as well as the Implementation of Education and Training for Understudy
Workers as regulated in this Regulation of the President, is conducted through the utilization of data
sharing and is integrated electronically (online).
(2) Utilization of data sharing and electronic integration (online) is conducted gradually.
(3) In the event of the Embassy of the Republic of Indonesia abroad has not owned electronic system
(online), the approval for Vitas by minister whose duties and responsibilities are concerned with law
and human rights or immigration official is granted through electronic mail.

CHAPTER IX
TRANSITIONAL PROVISIONS

Article 37
Upon the effective enforcement of this Regulation of the President:
a. RPTKA and permit which has been obtained by Employer of TKA and is determined by the
Government before this Regulation of the President comes into force, shall be declared to remain
effective until the validity period elapses; and
b. Application for RPTKA and permit which has been submitted before this Regulation of the President
comes into force, is settled by referring to the provisions which are regulated in this Regulation of the
President.

CHAPTER X
CLOSING PROVISIONS

Article 38

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Upon the effective enforcement of this Regulation of the President:

a. Regulation of the President Number 72 of 2014 on Recruitment of Foreign Workers and the
Implementation of Education and Training for Understudy Workers (State Gazette of the Republic of
Indonesia of 2014 Number 162), is revoked and declared invalid; and
b. all laws and regulations as the implementation of Regulation of the President Number 72 of 2014 on
Recruitment of Foreign Workers and the Implementation of Education and Training for Understudy
Workers, shall be declared to remain valid insofar that it does not contravene with this Regulation of
the President.

Article 39
This Regulation of the President comes into force 3 (three) months from the date of its promulgation.
For public cognizance, it is hereby ordered that this Regulation of the President be promulgated in the State
Gazette of the Republic of Indonesia.

Established in Jakarta,
On 26 March 2018
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Signed.
JOKO WIDODO

Promulgated in Jakarta,
On 29 March 2018
MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA,
Signed.
YASONNA H. LAOLY

STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2018 NUMBER 39

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