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The Foreign Manpower Utilization Plan (RPTKA) is issued by the Ministry of Manpower and Transmigration of the Republic of Indonesia. Generally, the RPTKA is valid for one (1) year, except for positions stated in the company’s Deed of Establishment, which are valid for three (3) years.

According to Regulation of the Minister of Manpower No. 8 of 2021, which implements Government Regulation No. 34 of 2021 on the Employment of Foreign Workers, the RPTKA approval process is conducted online and includes the following steps:

1. Registration of the foreign worker employer to create an online TKA account;
2. Filling in the application and uploading the required documents for RPTKA approval;
3. Feasibility assessment of the RPTKA application;
4. Submission of foreign worker data and required supporting documents;
5. Issuance of the payment notice for the Foreign Worker Compensation Fund (DKPTKA);

6. Issuance of the RPTKA approval.

    

Government Regulation No. 10 of 2018 outlines several types of RPTKA: Regular RPTKA; Temporary RPTKA (maximum of 6 months); Emergency or urgent RPTKA. Government Regulation No. 34 of 2021, Article 17, introduces updated RPTKA categories:

1. Temporary employment, valid for up to 6 months, non-renewable;
2. Employment over 6 months, valid for up to 2 years, renewable, including non-DKPTKA roles;
3. Special Economic Zone (SEZ) employment, valid for up to 5 years, renewable;
4. For Director or Commissioner positions, approval is granted once and remains valid as long as the individual holds the position.

Based on Article 19 of Government Regulation No. 34 of 2021, certain exemptions are provided from the requirement to obtain approval for the Expatriate Manpower Utilization Plan (RPTKA). These exemptions apply to Members of the board of directors or commissioners who hold specific shares, or shareholders;
Diplomatic and consular staff; Foreign workers (TKA) needed for specific purposes, including:
Emergency-related production activities;
Vocational programs; Technology-based start-up companies; Business visits; and Research conducted for a specific period.

One of the major changes introduced by Government Regulation No. 34 of 2021 is the removal of the requirement for a Foreign Worker Employment Permit (IMTA). Under the previous regulation—Law No. 13 of 2003 on Manpower—both the RPTKA and IMTA were essential documents in the process of hiring foreign workers.

This simplification was reinforced with the enactment of Law No. 11 of 2020 on Job Creation and the issuance of Government Regulation No. 34 of 2021. Permit applications can now be submitted online via the TKA Online and OSS systems, making it easier for companies to employ foreign workers.

The documentation requirements for RPTKA approval are outlined in Article 7 paragraphs (1) and (2) of Government Regulation No. 34 of 2021. Certain employers are exempt from submitting deeds of establishment and/or amendments and their approval from the relevant authorities. These include:

1. Foreign trade representative offices, foreign company representative offices, and foreign news agencies operating in Indonesia; and
2. Foreign private companies conducting business in Indonesia.

Article 7 paragraph (2) of the Regulation of the Minister of Manpower of the Republic of Indonesia No. 8 of 2021 concerning the Implementation Regulation of Government Regulation No. 34 of 2021 on the Use of Foreign Workers, regarding the required documents for the application of RPTKA approval for at least a work agreement, includes but is not limited to the following:

1. Name, address, and type of business of the Foreign Worker’s Employer;
2. Name, gender, age, and address of the Foreign Worker;
3. Position or type of job;
4. Workplace location;
5. Amount of wages and method of payment;
6. Employment terms outlining the rights and obligations of both the Employer and the Foreign Worker;
7. Duration of the employment agreement;
8. Place and date of the employment agreement; and

9. Signatures of both parties in the employment agreement.

    

Based on the Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia No. 40 of 2012, there are 19 types of positions that are prohibited from being held by Foreign Workers (TKA). The list is as follows:

*ISCO refers to the International Standard Classification of Occupations.

Submitting an RPTKA (Expatriate Manpower Utilization Plan) application can be quite challenging, especially without prior experience in handling the process. If you or your company—particularly foreign investment (PMA) companies—require foreign workers and would like assistance in managing the RPTKA application process from start to finish, please feel free to contact our Client Relations team at admin@anclegalbusiness.com.

*Disclaimer: This article is for general information only and does not constitute legal advice. We accept no liability for any consequences arising from its use. Unauthorized use or reproduction is prohibited and may result in legal action. 

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Sources :  

1. Regulation of the Minister of Manpower of the Republic of Indonesia No. 8 of 2021 concerning the Implementation of Government Regulation No. 34 of 2021 on the Utilization of Foreign Workers; and
2. Regulation of the Minister of Manpower of the Republic of Indonesia No. 40 of 2012 concerning Certain Positions Prohibited from Being Held by Foreign Workers.