For companies employing Foreign Workers (“TKA”) in Indonesia, compliance is not limited to having the required work and stay permits. Companies also need to ensure that the TKA’s position, work location, employment period, and other relevant information remain consistent with the documents supporting their employment. This is particularly relevant following the Government’s integration of TKA services through the Online Single Submission (“OSS”), the Employment Services Information and Application System (“SIAPkerja”), and the All Indonesia application on 9 September 2026.

The integration was introduced through Joint Decisions signed by the Minister of Manpower, the Minister of Immigration and Corrections, and the Minister of Investment and Downstreaming/Head of BKPM. Under the new arrangement, OSS serves as the main entry point for TKA services, while the approval of the Rencana Penggunaan Tenaga Kerja Asing (“RPTKA”) is processed through SIAPkerja. Applications for Limited Stay Visas (“VITAS”), Limited Stay Permits (“ITAS”), and Permanent Stay Permits (“ITAP”) are processed through the All Indonesia application, with the relevant data then connected back to OSS.

For employers, the practical point is not simply that the application process is now more integrated. The connection between these systems means that companies should pay closer attention to the consistency of their TKA data. An approved RPTKA, for example, should correspond with the TKA’s actual position and work location, while the relevant immigration documents should reflect the same information. Having each document separately issued does not necessarily mean that the company’s TKA arrangements are fully compliant if the information across those documents does not match.

The underlying requirements for employing TKA remain governed by Government Regulation No. 34 of 2021 on the Utilization of Foreign Workers (“GR 34/2021”) and Minister of Manpower Regulation No. 8 of 2021. GR 34/2021 regulates, among other matters, the obligations of TKA employers, RPTKA approval, amendments and extensions of the RPTKA, stay permits, reporting, supervision, and administrative sanctions. Minister of Manpower Regulation No. 8 of 2021 further regulates the implementation of these requirements, including matters relating to the RPTKA. Both regulations remain in force.

A compliance review becomes particularly important when the TKA’s circumstances change. For example, a company may initially obtain an approved RPTKA for a TKA holding a specific position at a specific work location. If the TKA is later transferred to another location, assigned to a different position, or their employment period is extended, the company should not assume that an internal employment decision is sufficient. The company should assess whether the change also requires an amendment or adjustment to the RPTKA or the relevant immigration documents.

The review should also extend beyond the RPTKA itself. Companies should check whether the information in the RPTKA remains consistent with the TKA’s visa and stay permit, whether the TKA is performing the role and working at the location stated in the relevant documents, and whether any changes in the company or the TKA’s employment have been properly reflected in the relevant filings. This is particularly important for companies that have employed TKA for an extended period, as changes in business operations or organisational structure may not always be followed by a corresponding review of TKA documentation.

The Government has also introduced a Service Level Agreement (“SLA”) for TKA services to provide greater certainty on processing times. If the applicable service period is exceeded, the relevant document may be issued through a deemed approval mechanism (fiktif positif) integrated with OSS, subject to the applicable requirements. While this mechanism may provide greater certainty for employers, particularly where the arrival or placement of a TKA is tied to an investment or operational schedule, companies should still ensure that the information submitted and the underlying TKA arrangements comply with the applicable requirements.

For companies that currently employ TKA, as well as those planning to recruit TKA, the new system provides a good reason to review their existing TKA arrangements. The review should not stop at whether the relevant permits are still valid. Companies should also confirm that the TKA’s position, work location, employment period, RPTKA, and immigration documents remain consistent with the actual employment arrangement. Carrying out this review before an extension, change of position, relocation, or new TKA recruitment can help companies identify documentation issues before they develop into broader compliance concerns.

If you, a prospective client, have further inquiries about the topic discussed above, Schinder Law Firm is one of many corporate law firms in Indonesia that has handled numerous similar matters, with many experienced and professional corporate and civil lawyers in its arsenal, making it one of the top consulting firms in Indonesia. Feel free to contact us at info@schinderlawfirm.com for further consultation.

Author:
Dewi Susanti