Previously, the Presidential Regulation No. 20 of 2018 concerning the Usage of Foreign Workers (“PR 12/2018”) regulates, among others, that the foreign workers can be employed for certain positions. The lists of positions available for foreign workers were regulated under various decrees of the Ministry of Manpower, where each decree referred to a specific business sector.
In alignment to President Joko Widodo’s goal to increase foreign direct investment in Indonesia, the Ministry of Manpower now issued Decree No. 228 of 2019 on Certain Positions Which May Be Occupied by Foreign Workers (“Decree 228/2019”). This Decree provides the list of positions available for foreign workers across 18 business sectors under a single framework, which has been effective as of August 27th, 2019.
The 18 business sectors are:
- Real Estate;
- Processing Industry;
- Water Management, Waste-Water Management, Waste Management and Recycling, and Remediation Activities;
- Transportation and Warehousing;
- Arts, Entertainment, and Recreation;
- Provision of Accommodation and Provision of Food and Beverages;
- Agriculture, Forestry and Fisheries;
- Renting and Leasing without Option Rights, Employment, Travel Agents and Other Supporting Businesses;
- Financial and Insurance Activities;
- Human Health Activities and Social Activities;
- Information and Telecommunications;
- Mining and Excavation;
- Procurement of Electricity, Gas, Hot Water/Vapor and Cold Air;
- Wholesale and Retail, Reparation and Maintenance of Cars and Motorcycle;
- Activities Involving Other Services; and
- Activities in the Professional, Scientific and Technical Sectors.
The Decree 228/2019 also stated that the foreign workers can fill the positions in Board of Commissioner or Board of Directors, as long as they’re not related to human resources matters and does not conflict with any prevailing laws and regulations.
For any positions that are not listed under the Decree 228/2019, the employers are required to request permits from the Minister or the appointed officials for such positions.
Furthermore, the positions that are allowed to be occupied by Foreign Workers and any relevant requirements for the position will be evaluated every 2 (two) years, or at any time if necessary.