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Foreign Workers Allowed to Work in IKN for 10 Years

The Indonesian government has recently issued Government Regulation No. 12 of 2023 concerning the Granting of Business Licenses, Business Ease, and Investment Facilities for Business Actors in the New Capital City of Nusantara ("GR 12/2023"), which came into effect on March 6, 2023.

GR 12/2023 contains regulations regarding foreign workers who are permitted to work in the Capital City of Nusantara (Ibu Kota Nusantara or IKN). According to Article 22, business actors conducting activities in the IKN area may employ foreign workers for specific positions in accordance with the provisions of the legislation. Furthermore, business actors may obtain approval for the utilization plan of foreign workers for a period of 10 (ten) years, which can be extended.

Business actors involved in strategic government projects in IKN are among those who can employ foreign workers. These business actors are exempted from the obligation to pay compensation for the utilization of foreign workers, known as Dana Kompensasi Penggunaan TKA or DKPTKA, for a specific period. DKPTKA is the compensation that must be paid by the Employer for each foreign worker employed as non-tax state revenue or regional income. However, government agencies, foreign state representatives, international organizations, social institutions, religious institutions, or specific positions in educational institutions are exempt from the obligation to pay DKPTKA as determined by the legislation. The specific period for exemption from compensation payment is to be determined by the regulation of the Head of the IKN Authority.

Additionally, Article 23 clarifies that foreign workers can be granted a residence permit for a maximum period of 10 (ten) years as per the legislation. Moreover, when the residence permit is nearing expiration, an extension can be granted based on the employment agreement between the business actor and the foreign worker. The scope of GR 12/2023 broadly encompasses five aspects, including business licensing, business facilitation, investment facilities, supervision, and evaluation.

If you need consultation concerning these issues, Schinder Law Firm is one of the many corporate law firms in Indonesia, our professional civil lawyers strive to understand your unique needs and concerns. We will develop creative, cost-effective ways to assist you. Contact us at info@schinderlawfirm.com today to schedule a consultation to discuss your situation and how we can be of help.

Author: Dewi Susanti

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Dear valued Visitor,

Data is a valuable currency in this new world. In the midst of digital transformation, the Indonesian government has taken the final decision to pass the Pelindungan Data Pribadi (PDP) Bill by September 2022. The PDP Law applies to all businesses established in Indonesia and puts the consumer in control. The task of complying with this regulation falls upon businesses.

The PDP Law affects a variety of business operations, including how your sales team prospect and how marketing initiatives are managed. Businesses have had to reassess their business procedures, applications, and forms. Additionally, all businesses that work with personal data should designate a Data Protection Officer (DPO) or data controller to oversee PDP compliance.

In line with this spirit, it gives us great pleasure to announce and share with all our esteemed clients and business associates that Schinder Law Firm is prepared to assist your company to understand the impacts of the Personal Data Protection Law (PDPL) and take the required measures to comply with the law. Our Privacy, Data Protection, and Cybersecurity practice group is a pioneer in providing data privacy law services in Indonesia. Personal data protection services include but are not limited to:

  • Assessing the existing systems, processes, and controls, etc.
  • Providing provide gap assessment on the existing systems, processes, and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDP Law
  • Developing policies, best practices, and procedures
  • Advising on the security of personal data and managing data breaches
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role, and responsibilities of a data protection officer
  • Advising on cross-border transfers of personal data
  • Carrying out data protection impact assessments and data protection audits
  • Recommending other necessary corrective actions in order to comply with the PDP Law
  • Training on the PDP Law tailored to clients’ businesses

We look forward to many more opportunities in the year ahead with your continued support and trust. For consultation, please send us a WhatsApp or Email.

Warmest regards,
Naz Schinder
Managing Partner

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Keep Up with the New Law in Indonesia: Personal Data Protection

  • Assessing the existing systems, processes and controls, etc.
  • Providing provide gap assessment on the existing systems, processes and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDPL.
  • Developing policies, best practices and procedures.
  • Advising on security of personal data and managing data breaches.
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role and responsibilities of a data protection officer.
  • Advising on cross-border transfers of personal data.
  • Carrying out data protection impact assessments and data protection audits.
  • Recommending other necessary corrective actions in order to comply with the PDPL.
  • Training on the PDPL tailored to clients’ businesses.
Privacy, Data Protection and Cyber Security
We help our clients to understand the impact of the Personal Data Protection Law (PDPL) on their companies and take the required measures to comply with the law.
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