Here are the Facilities Ease on Manpower and Immigration Sectors in Special Economic Zones
Date 11 Januari 2016
Besides providing facilities and ease on taxation, customs, and excise in the Government Regulation Number 96 of 2015 on Facilities and Ease in Special Economic Zones (KEK) which was signed by President Joko Widodo, the Government Regulation also regulates the facilities and ease on traffic of goods; employment; immigration; land; permits and non-permits for Business Entities and Business Doers in KEK.
According to the Government Regulation, the provision to forbid import and export in KEK is applied according to the provision of the Law on import and export prohibitions and restrictions sector.
Import restrictions have not yet be applied to import goods entering KEK, except the provisions of laws and regulations have decided another things. Meanwhile, restrictions on import will apply on the goods that being imported from KEK to other regions and customs area, unless it is already fulfilled at the time of import.
About the goods which are subject to the prohibitions, according to the Government Regulation, it could be granted exemption and or ease according to Laws and regulations. The goods which are the subject to the import and export restrictions could be granted exemption and ease as well.
The definition of exemption and ease as intended is regulated under a Ministerial Regulation which conducting government affairs on trade sector, Article 31 paragraph (6) of the Government Regulation Number 96 of 2015 says.
On the employment sector, the Government Regulation stressed that Business Entities and Business Doers in KEK as the employers which will employ foreign labors must have Foreign Worker Utilization Plan and Permit to Employ Foreign Workers.
To get the legalization of Foreign Worker Utilization Plan and Permit to Employ Foreign Workers in KEK, the Business Entities and Business Doers as employers for foreign workers must submit an application to the Minister who conducts government affairs on manpower sector or the appointed officials who are in charge in manpower sector of the KEK administrator to validate the Foreign Workers Empowerment Plan and issue a Permit to Employ Foreign Workers.
Once the Foreign Workers Utilization Plan has met the assessment, the related officials as mentioned must issue a legalization of Foreign Workers Utilization Plan within 3 working days at the latest.
Once the application is already meet the qualification, the official as intended must issue the Permit to Employ Foreign Workers within 3 working days at the latest.
The application procedures are: a. Foreign Workers Utilization Plan and the renewal; b. Permit to Employ Foreign Workers and the renewal, are carried out according to the provisons of the Law on Manpower, Article 39 of the Government Regulation says.
The Government Regulation also regulates the establishment of Special Tripartit Cooperation Body, Wage Board of the Special Economic Zones (KEK), and Cooperation Agreement.
Regarding the immigration, the Government Regulation gives an opportunity for the Minister who conducts government affairs on immigration sector to set KEK as the Immigration Checking Location wherein could issue Visit Visa on Arrival which are valid for 30 (thirty) days and can be extended 5 (five) times which period is 30 (thirty) days each.
Meanwhile, foreigners who will visit KEK will be given a visit visa for 1 (one) time trip.
According to the Government Regulation, visit visa could be granted for multiple trips to the foreigners who will visit KEK for: a. government duties; b. business; and/or c. family matters.
According to the Government Regulation, immigration officials in KEK could give the approval of a limited residence visa to the foreigners who want to live temporary in KEK during: a. investment; b. working as an expert; c. following spouse who is the holder of limited residence permit; d. following parents for legitimate child who is under 18; or e. when the foreigners already have a house.
Furthermore, immigration officials in KEK could give the approval of limited residence visa to senior foreigners who visit KEK tourism area. Meanwhile, the officials who are in charge to give visa in Indonesias representative office abroad after received the approval from immigration officials in KEK, could give a limited residence visa to the foreigners who invest for the period not exceeding 5 (five) years for the foreigners with national passport.
The limited residence permit was given for the period not exceeding 5 (five) years and it can be extended. Everytime the permit being extended, the whole permit only valid to the residence for 15 (fifteen) years at maximum, Article 69 paragraph (1) and (2) of the Government Regulation says.
The Government Regulation also mentions that the foreigners who have houses in KEK tourism area are given: a. Limited Residence Permit; or b. Permanent Residence Permit when the foreigners already have the Limited Residence Permit.
The Granting of Permanent Residence Permit as intended may be applied when the foreigners get the Limited Residence Permit, with Business Entity as the guarantor.
The Government Regulation also mentioned that Entry Permit for multiple trips is given to the foreigners who hold Limited Residence Permit or Permanent Residence Permit, which is valid for 5 years.
This Government Regulation shall come into effect since the date of its promulgation, Article 87 of the Government Regulation Number 96 of 2015 which is promulgated by Minister of Law and Human Rights Yasonna H. Laoly on 28 December 2015 says. (Pusdatin/ES) (RAS/MMD/YM/Naster)