Jakarta, CNBC Indonesia \u2014 The National Research and Innovation Agency\n(BRIN) has revealed a gap between the permits and actual practices of\nforeign workers (TKA) in Indonesia.<\/p>\n
Consequently, oversight of foreign workers should not rigidly focus\nonly on the completeness of documentation, but must also ensure that the\npermits held match the work and activities carried out in the field in\naccordance with prevailing regulations.<\/p>\n
BRIN highlighted that cases involving foreign workers in Indonesia\nremain numerous.<\/p>\n
Al Araf Assadallah Marzuki, a researcher at BRIN\u2019s Legal Research\nCentre, said that complete documentation does not automatically indicate\nthat the employment of foreign workers complies with the rules.<\/p>\n
\u201cIn practice, foreign workers can be found who have a sponsoring\ncompany, residence permits and employment documents, yet carry out\nactivities that do not match what is stated in those documents,\u201d he\nsaid, quoted from BRIN\u2019s official website on Tuesday (15\/8\/2026).<\/p>\n
\u201cTheir entry is legal, but their activities are not necessarily\nlegal,\u201d Al Araf added.<\/p>\n
He highlighted the practice of foreigners entering Indonesia legally\nbut then carrying out activities that do not correspond to the purpose\nof their permits.<\/p>\n
Therefore, he stressed, the use of a visit visa does not in itself\nindicate a violation. The issue is whether the purpose of the permit\nmatches the activities carried out.<\/p>\n
\u201cIt is not merely a matter of whether a permit exists or not, but\nwhether the activities undertaken genuinely match that permit,\u201d he\nsaid.<\/p>\n
\u201cOne example is the use of a visit permit that is then used for\nworking,\u201d he added.<\/p>\n
According to Al Araf, the foreign worker issue also does not stand\nalone within the context of employment law. The use of foreign workers\nintersects with immigration, investment and corporate law.<\/p>\n
\u201cTherefore, oversight needs to cover not only the foreign workers\nthemselves, but also those who recruit them, act as sponsors, process\ntheir documents and control the companies,\u201d he said.<\/p>\n
\u201cThe permits may indeed be complete. But more often than not, the\nvalid permit exists only on paper and does not reflect reality,\u201d he\nsaid.<\/p>\n
Sanctions Await Foreign Workers and Employers<\/p>\n
Quoted from the same source, Moch Nicodiemoz Priastomo, a manpower\ninspector at the Directorate for the Development of Labour Norms\nInspection at the Ministry of Manpower, said that employers of foreign\nworkers bear a number of obligations. These include obtaining approval\nof a Foreign Manpower Utilisation Plan (RPTKA) and employing foreign\nworkers in accordance with that approval.<\/p>\n
\u201cForeign workers are employed for specific positions, durations and\ncompetencies. However, field inspections still find a gap between permit\nadministration and the actual working conditions,\u201d he explained.<\/p>\n
Nicodiemoz gave the example of a foreign worker whose documents\nlisted the position of financial advisor, but who was found in practice\nworking as a chef. In another case, he said, a foreign worker permitted\nas a mechanical engineer was in fact working in an unskilled role.<\/p>\n
\u201cThis shows the gap between permit administration and the reality on\nthe ground is wide,\u201d he said.<\/p>\n
Therefore, Nicodiemoz stressed, in addition to ensuring the job\nmatches the permit, employers of foreign workers are obliged to provide\neducation and training for the Indonesian companion workers assigned to\nthem. This requirement forms part of the technology and skills transfer\nprocess.<\/p>\n
\u201cHowever, inspections still find companions who are listed only\nadministratively to meet requirements, without genuinely carrying out\ntheir companion function,\u201d he said.<\/p>\n
\u201cThere are even companions who do not know the foreign worker they\nare supposed to accompany, or are unaware that they have been appointed\nas companions. There are also cases where the companion\u2019s competencies\ndo not match the foreign worker\u2019s field of work,\u201d he elaborated.<\/p>\n
To ensure compliance with labour regulations, he continued, oversight\nis carried out through inspections and the issuance of inspection notes\nbased on findings and the type of violation.<\/p>\n
\u201cThese notes contain recommended actions to remedy non-compliance,\u201d\nhe said.<\/p>\n
\u201cIf a company fails to make improvements after being warned, the\nprocess can proceed to administrative sanctions and even judicial action\nwhere criminal elements are present,\u201d Nicodiemoz said.<\/p>\n
Meanwhile, for foreign workers found without an approved Foreign\nManpower Utilisation Plan (RPTKA), he continued, manpower inspectors are\nauthorised to take immediate action by removing the foreign worker from\nthe workplace, as well as prohibiting the employer from continuing to\nemploy them.<\/p>\n
\u201cThis is an immediate measure that manpower inspectors can take when,\nduring an inspection, they find a foreign worker without RPTKA\napproval,\u201d Nicodiemoz said.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/indonesia-on-alert-over-illegal-foreign-worker-schemes-as-key-culprits-exposed-1789455207", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }