PerPres No 20 Tahun 2018 Penggunaan TKA

Discussion in 'Employment Law' started by Mas Mana, Apr 5, 2018.

  1. Mas Mana

    Mas Mana Member Charter Member Cager

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    The Perpres announced by Jokowi to make the process of employing TKA faster and more efficient seems to be public and signed by now: http://setkab.go.id/wp-content/uploads/2018/04/Perpres-TKA-1.pdf

    I only gave it a very quick look yet. First impressions:
    • There seem to be more deadlines for the government side to speed things up.
    • The role of Indonesian tenaga kerja pendamping figures quite prominently in the PerPres and might be enforced stricter in the future (e.g. yearly reports to the ministry in Pasal 30).
    • I don't see the obligation of IMTA. Actually, Pasal 9 says that the official acceptance of the RPTKA is the permit to employ a foreigner now - so is the IMTA gone with that?
    PerPres was signed on March 26 2018, will come into effect 3 months afterwards.
     
    Last edited: Apr 5, 2018
  2. dafluff

    dafluff
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    When compared with the previous Perpres, the IMTA part is definitely gone. Now an approved RPTKA is an IMTA.

    Maximum length of ITAS given can be 2 years (altho probably applies only on certain cases, as otherwise it will conflict with higher laws).

    Adds requirement for employer to facilitate Bahasa Indonesia training for the TKA.

    Also gives quick turnaround deadlines:
    2 days to approve or amend RPTKA after files submitted completely
    1 day to approve in case of urgency (also allows submitting RPTKA 2 days *after* the TKA is employed, in emergencies)
     
  3. centurion

    centurion Member

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    Making only one step for the work permit is a clever move, 2 step process RPTKA/IMTA was idiotic.
    President`s idea is good, but we have to see what will the Ministry of Labor add as "supporting documents" and other requirements.
     
  4. sul1995

    sul1995 Member Charter Member Cager

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    If IMTA is gone, then DPKK is gone too? Because we get RPTKA first before paying for DPKK...
     
  5. Mas Mana

    Mas Mana Member Charter Member Cager

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    No, the Dana Kompensasi Penggunaan Tenaga Kerja Asing is still to be found in the new regulation. According to Pasal 15, it has to be paid after the ministry notified the employer that they received the data of the new foreign employee.
     
  6. Mas Mana

    Mas Mana Member Charter Member Cager

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    Thanks for pointing it out, I missed that Pasal 26 at first glance. So the idea of some sort of Indonesian language proficiency requirement for TKA could be back after being deleted in the 2015 Permen Ketenagakerjaan on TKA.
     
  7. William King

    William King Well-Known Member Charter Member Cager

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    Yep....

    forwards backwards forwards backwards
     
  8. Mas Mana

    Mas Mana Member Charter Member Cager

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    Definitely true when looking at it from the point of Manpower law and regulations of the last 15 years or so.

    During that time, actual language law on the side of the ministry of education has evolved quite a bit though, with a standardized test ready and mandatory standards of language proficiency finally set in Permendikbud No 70 Tahun 2016. Of course Kemendikbud cannot directly implement this for TKA, that is still up to Kemenaker. So the next revised regulation on Tata Cara Penggunaan TKA might show some details.
     
  9. Fabius77

    Fabius77 Member

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    I don't see requiring language proficiency as a step back. Removing the requirement for IMTA seems to be an improvement, but we'll have to wait for the actual implementation.
     
  10. rabbit_39

    rabbit_39 Active Member Charter Member Cager

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    Isn't language proficiency a requirement in some other countries?
     
  11. William King

    William King Well-Known Member Charter Member Cager

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    Reduces the available pool of experts they can bring in from outside.
     
  12. Fabius77

    Fabius77 Member

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    On the other hand, it would remove the hurdle of IMTA processing (if not the expenses); I'm not sure what the final balance would be.

    In my opinion, requiring at least a basic knowledge of the language of the place where you want to work and live is only legit. And we're talking about Indonesian, not Japanese, it takes only a few weeks of a course to learn the basics.
     
  13. dafluff

    dafluff
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    To me the BI requirement is silly. Indonesia makes it very clear that they want all the expat workers to leave after they're done, so why bother with requiring BI lessons? It just makes the whole thing less attractive.

    It would be completely different if this was an immgrant type visa, but it isn't.
     
  14. William King

    William King Well-Known Member Charter Member Cager

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    But it is not the basics, they want University level competency, before one arrives.

    Again, if language has nothing to do with the job at hand, why require it ?
     
  15. R Cameron

    R Cameron Active Member Charter Member Cager

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    Where do you get that? The "University level competency" and the "before" are not found in this new law.

    The only reference to Bahasa Indonesia I see is in 26(1)c which basically says the company needs to arrange education and practice in BI.
     
  16. William King

    William King Well-Known Member Charter Member Cager

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    From past practise, it was a BI version of TOEFL or TOEIC test. (Circa 2014 and Circa 2002 - I think)

    Of course the law does not spell out the exact details, thats how laws and regulations work here. The law sets the concept, the ministries then flesh out the details.
     
    Last edited: Apr 23, 2018
  17. R Cameron

    R Cameron Active Member Charter Member Cager

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    Yeah, so I guess the real question is what did the previous UU say about Bahasa that led to a TOEFL-like test?

    "Setiap Pemberi Kerja TKA wajib memfasilitasi pendidikan dan pelatihan Bahasa Indonesia TKA." That doesn't sound like a test to me, but I guess we'll wait and see.
     
  18. William King

    William King Well-Known Member Charter Member Cager

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    true enough, it is little more than a guesstimate at this stage.
     
  19. dafluff

    dafluff
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    Going by the current Perpres, the employer could hand them a BI dictionary and call it facilitating BI education and training...
    Let's see what the lower level regulation say when they come out.

    Still, even the most minimal BI requirement is dumb, especially if the stated purpose is so that they can transfer their technological skills. The government requires a TKA to have a high level of technical expertise. Presumably that level of technical expertise requires an equally high level of BI to communicate. Certainly nothing that can be learned in a month or two.

    So what does it matter if the TKA can ask where the bathroom is in BI?

    Maybe if the Indonesian workers/students wish to be world class science or technology workers, they should learn English, the de facto language of science. If Indonesians were more comfortable with it, maybe they can advance beyond the pathetic 5000 or so published research articles per year. That is less than 30% Singapore produces with 1/50th the population.
     
  20. R Cameron

    R Cameron Active Member Charter Member Cager

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    Yes, that's exactly what I was picturing in some cases, and in the better cases a tutor or language class provided 2-3 hours a week. "Memfasilitasi" of course translates directly to "facilitate"... which is still ambiguous to me, but I think could easily be understood as "offer" or "provide for". It is interesting that the requirement isn't directed towards the worker but the company. That would seem to give less credence to an interpretation that the worker must be tested for language proficiency.

    I didn't understand that to be the stated purpose, especially as just below the new regulation excepts TKA who are Direktur/Komisaris from having a pendamping, but does not exempt them from the language requirement.
     
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