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REGULATION OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA

NUMBER 34 OF 2021
ON
THE RECRUITMENT OF FOREIGN WORKERS

BY THE GRACE OF GOD ALMIGHTY

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering:
that in order to implement the provisions of Article 81 and Article 185 letter b of Law Number 11 of 2020 on Job
Creation, it has been deemed necessary to establish Regulation of the Government on the Recruitment of
Foreign Workers..

Observing:
1. Article 5 paragraph (2) of the 1945 Constitution of the Republic of Indonesia;
2. Law Number 13 of 2003 on Manpower (State Gazette of the Republic of Indonesia of 2003 Number 39,
Supplement to the State Gazette of the Republic of Indonesia Number 4279);
3. Law Number 11 of 2020 on Job Creation (State Gazette of the Republic of Indonesia of 2020 Number 245,
Supplement to State Gazette of the Republic of Indonesia Number 6573);

HAS DECIDED:

To establish:
REGULATION OF THE GOVERNMENT ON THE RECRUITMENT OF FOREIGN WORKERS.

CHAPTER I
GENERAL PROVISIONS

Article 1
Under this Regulation of the Government, the following definitions are employed:
1. Foreign Workers (Tenaga Kerja Asing), from this point onward is referred to as TKA, are foreign citizens
who hold a visa with the intention of working in Indonesian territory.
2. TKA Employer is a legal entity established based on Indonesian law or other entities that employs TKA by
paying wages or other forms of remuneration.
3. TKA Understudy Workers are Indonesian workers who are appointed by TKA Employers and prepared as
an understudy of the employed TKA in the framework of transfer of technology and transfer of expertise.

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4. Foreign Workers Recruitment Plan (Rencana Penggunaan Tenaga Kerja Asing), from this point onward is
referred to as RPTKA, is a plan for the recruitment of TKA in certain positions and for a certain period.
5. Validation of Foreign Workers Recruitment Plan, from this point onward is referred to as Validation of
RPTKA, is the approval for the recruitment of TKA which is validated by the minister in charge of
government affairs in the manpower sector or the appointed official.
6. Special Economic Zones, from this point onward is referred to as SEZ, are areas with certain boundaries
within the jurisdiction of the Unitary State of the Republic of Indonesia which are established to carry out
economic functions and obtain certain facilities.
7. Compensation Fund for the Recruitment of TKA (Dana Kompensasi Penggunaan TKA), from this point
onward is referred to as DKPTKA, is the compensation that must be paid by TKA Employers for every TKA
who are employed as non-tax state revenue or regional revenue.
8. Manpower Supervisor is a civil servant who are given the full duties, responsibilities, authorities, and rights
by the authorized official to carry out the activities of guiding, inspecting, examining, investigating and
developing the manpower supervision system in accordance with provisions of laws and regulations.
9. Minister is the minister in charge of government affairs in the manpower sector.

CHAPTER II
OBLIGATIONS AND PROHIBITIONS FOR EMPLOYERS OF FOREIGN WORKERS

Division One
General

Article 2
(1) Every TKA Employer shall prioritize recruitment of Indonesian workers on any available positions.
(2) In the event that the position as referred to in paragraph (1) cannot yet be occupied by Indonesian
workers, the position may be occupied by TKA.
(3) TKA recruitment as referred to in paragraph (2) is conducted by taking domestic job market condition into
consideration.

Article 3
(1) TKA Employers include:
a. Government agencies, representatives of foreign countries, and international agencies;
b. foreign trade representative offices, foreign company representative offices, and foreign news
agencies operating in Indonesia;
c. foreign private companies operating in Indonesia;
d. legal entities in the form of a Limited-Liability Company or Foundation, which are established based
on Indonesian law or foreign business entities which are registered with the authorized agency;
e. social, religious, educational, and cultural institutions;
f. impresario businesses; and

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g. other business entities, provided that they are allowed by the law to recruit TKA.
(2) Limited-liability companies as referred to in paragraph (1) letter d are exempted for limited-liability
companies in the form of individual legal entities.

Article 4
(1) TKA may only be employed by TKA Employers in an employment relationship for a certain position and for
a certain period of time, and have competencies in accordance with the position to be occupied.
(2) Certain positions that may be occupied by TKA as referred to in paragraph (1) shall be determined by the
Minister after securing input from the relevant ministries/agencies.

Article 5
(1) TKA Employers may employ TKA who are being employed by another TKA Employer for the same
position as:
a. board of directors or commissioners; or
b. TKA in the vocational education and vocational training sector, digital economy sector, and oil-and-
gas sector for cooperation contract contractors.
(2) In the event that a TKA Employers are going to employ a TKA as referred to in paragraph (1), the TKA
shall secure an approval from the first TKA Employer.
(3) TKA as referred to in paragraph (1) are employed up to no later than the expiration of the period as stated
in the Validation of RPTKA of the first TKA Employer.
(4) Certain positions in the vocational education and vocational training sector, digital economy sector, and
oil-and-gas sector for cooperation contract contractors that can be held concurrently as referred to in
paragraph (1) letter b shall be determined by the Minister after securing input from the relevant
ministries/agencies.

Division Two
Obligation

Article 6
(1) Every TKA Employer who employs TKA must have an RPTKA which are validated by the Minister or an
appointed official.
(2) In the event that TKA Employers are going to employ TKA who are being employed by another TKA
Employer, the respective TKA Employer must have a Validation of RPTKA.
(3) TKA Employers as referred to in paragraph (1) and paragraph (2) are required to employ TKA in
accordance with the Validation of RPTKA.

Article 7
(1) TKA Employers must:
a. appoint Indonesian workers as TKA Understudy Workers who are employed for transfer of

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technology and transfer of expertise from TKA;

b. carry out education and job training for TKA Understudy Workers as referred to in letter a in
accordance with the qualifications for the position occupied by TKA; and
c. return the TKA to their country of origin after the employment agreement expires.
(2) In addition to the obligations of TKA Employers as referred to in paragraph (1), TKA Employers must
facilitate Indonesian language education and training for TKA.
(3) The provisions as referred to in paragraph (1) letter a, letter b, and paragraph (2) do not apply to:
a. board of directors and commissioners;
b. head of representative office;
c. advisors, administrators, and supervisors of foundations; and
d. TKA who are employed for temporary work.

Article 8
(1) TKA Employers must register TKA in the national social security program for TKA who work for more than
6 (six) months or insurance program with an insurance company for TKA who work for less than 6 (six)
months.
(2) The insurance program for TKA who works for less than 6 (six) months as referred to in paragraph (1)
shall at least guarantees protection for the types of risks of occupational accidents.

Division Three
Prohibition

Article 9
Individual employers are prohibited from employing TKA.

Article 10
TKA Employers is prohibited from employing TKA with concurrent positions in the same company.

Article 11
(1) TKA Employers is prohibited from employing TKA in positions which is in charge of personnel.
(2) The position in charge of personnel as referred to in paragraph (1) shall be determined by the Minister
after securing input from the relevant ministries/agencies.

CHAPTER III
VALIDATION OF FOREIGN WORKERS RECRUITMENT PLAN

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Division One
Procedures for Applications for the Validation of Foreign Workers Recruitment Plan

Article 12
(1) To secure a validation of RPTKA, TKA Employers shall submit application online to the Minister or the
appointed official.
(2) Application for the validation of RPTKA as referred to in paragraph (1) shall be submitted by TKA
Employers and at least contains the following:
a. identity of the TKA Employer;
b. reasons for the recruitment of TKA;
c. position or ranking (kedudukan) of TKA in the company’s organizational structure;
d. number of TKA;
e. period of TKA recruitment;
f. work location of TKA;
g. identity of TKA Understudy Workers; and
h. plan to absorb Indonesian workforce every year.
(3) Application for the validation of RPTKA as referred to in paragraph (2) shall be submitted by the TKA
Employers by at least enclosing the following documents:
a. application letter;
b. business identification number and/or business license of the TKA Employer;
c. deed and decree of establishment and/or amendment from the authorized institution;
d. proof of compulsory company manpower report (wajib lapor ketenagakerjaan) in the company;
e. draft employment agreement or other agreements;
f. chart of the company’s organizational structure;
g. statement letter for the appointment of TKA Understudy Workers;
h. statement letter to implement education and job training for Indonesian workers in accordance with
the qualifications of the position occupied by TKA; and
i. statement letter to facilitate Indonesian language education and training to TKA.
(4) In the event that TKA Employers is ready to submit the data of the TKA candidates who will be employed,
then the submission of the data of the TKA candidates can be conducted at once at the time of application
for the Validation of RPTKA.

Article 13
(1) The Minister or the appointed official shall assess the feasibility of application for the Validation of RPTKA
submitted by TKA Employers since it is declared as complete and correct.
(2) The Minister or the appointed official as referred to in paragraph (1) shall issue the result of feasibility
assessment of validation of RPTKA no later than 2 (two) business days after TKA Employers are deemed

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feasible based on the feasibility assessment.

Article 14
(1) Based on the results of the feasibility assessment of Validation of RPTKA as referred to in Article 13
paragraph (2), TKA Employers shall submit data of TKA candidates online to the Minister or the appointed
official.
(2) Data of TKA candidates as referred to in paragraph (1) shall at least contain the following:
a. identity of TKA;
b. position of TKA and work period of TKA;
c. work location of TKA; and
d. determination of code and domicile location of TKA.
(3) TKA Employers in submitting the data of TKA candidates as referred to in paragraph (2) shall be by at
least enclosing the following documents:
a. education diploma;
b. certificate of competence or work experience;
c. employment agreement or other agreements;
d. certificate of appointment of TKA Understudy Workers ;
e. affidavit as a TKA guarantor; and
f. Current/saving account of TKA or TKA Employer.
(4) Data of TKA candidates and documents shall be verified by the Minister or the appointed official by no
later than 2 (two) business days.
(5) In the event that the data of TKA candidates and documents as referred to in paragraph (4) are declared
complete and correct and TKA Employers already paid the DKPTKA, the Minister or the appointed official
shall issue the Validation of RPTKA.
(6) Validation of RPTKA is used as a recommendation to obtain visa and stay permit in the framework of
working for TKA.
(7) The Minister or appointed official as referred to in paragraph (5) shall submit the data of TKA candidates
who will be employed online to the minister in charge of government affairs in the law and human rights
sector or the appointed official as a recommendation to secure a visa and stay permit for work.

Article 15
(1) Applications for the Validation of RPTKA that are submitted by Government agencies, representatives of
foreign countries, and international agencies are exempted from the feasibility assessment of the
Validation of RPTKA as referred to in Article 13.
(2) Application for the Validation of RPTKA as referred to in paragraph (1) shall be submitted to the Minister or
the appointed official by at least containing data of TKA candidates as follows:
a. identity of TKA;
b. position of TKA and work period of TKA;
c. work location of TKA; and

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d. determination of code and domicile location of TKA.

(3) The application for Validation of RPTKA as referred to in paragraph (2) shall be submitted by TKA
Employers by at least enclosing the following documents:
a. application letter and reasons for the recruitment of TKA;
b. draft employment agreement or other agreements; and/or
c. letter of approval from the authorized agency.
(4) Data of TKA candidates and documents shall be verified by the Minister or the appointed official by no
later than 2 (two) business days.
(5) In the event that the data of the TKA candidates and documents as referred to in paragraph (4) are
declared complete and correct, the Minister or the appointed official shall issue the Validation of RPTKA.
(6) Validation of RPTKA is used as a recommendation to obtain visa and stay permit in the framework of
working for TKA.
(7) The Minister or the appointed official as referred to in paragraph (5) shall submit the data of TKA
candidates who will be employed online to the minister in charge of government affairs in the law and
human rights sector or the appointed official as a recommendation to secure a visa and stay permit for
work.

Article 16
The Validation of RPTKA consists of:
a. RPTKA for temporary work;
b. RPTKA for work more than 6 (six) months;
c. RPTKA non-DKPTKA; and
d. RPTKA KEK.

Article 17
(1) Validation of RPTKA for temporary works is granted for a maximum period of 6 (six) months and cannot be
extended.
(2) Validation of RPTKA for work more than 6 (six) months and Validation of RPTKA non-DKPTKA is granted
directly for a maximum period of 2 (two) years and may be extended.
(3) Validation of RPTKA KEK shall be granted for a maximum period of 5 (five) years and may be extended.
(4) Validation of RPTKA KEK for the position of board of directors or commissioners, shall be given once and
is valid as long as the TKA concerned becomes a board of directors or commissioners.

Article 18
Validation of non-DKPTKA RPTKA is granted to TKA Employers for Government agencies, representatives of
foreign countries, international agencies, social institutions, religious institutions, and certain positions in
educational institutions.

Article 19

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(1) Validation of RPTKA as referred to in Article 16 does not apply to:

a. board of directors or commissioners with certain shareholdings, or shareholders in accordance with
the provisions of laws and regulations;
b. diplomatic and consular staff in representative offices of foreign countries; or
c. TKA needed by TKA Employers in the type of production activities which are stopped due to
emergency, vocational, technology-based start-ups, business visits, and research for a certain
period.
(2) To employ TKA in the type of technology- and vocational-based start-up activities for a certain period as
referred to in paragraph (1) letter c, TKA Employers must submit the data of the TKA candidates online to
the Minister or the appointed official.
(3) Position in technology- and vocational-based start-up activities as referred to in paragraph (2) shall be
determined by the Minister after securing input from the relevant ministries/agencies.
(4) The Minister or the appointed official as referred to in paragraph (2) shall submit the data of the TKA
candidates online to the minister in charge of government affairs in the law and human rights sector or the
appointed official as a recommendation to obtain a visa and stay permit for work.
(5) The period of time for TKA who works in technology- and vocational-based start-up activities as referred to
in paragraph (3) is granted for a maximum of 3 (three) months.
(6) TKA Employers who are going to employ TKA in technology- and vocational-based start-up beyond the
timeframe as referred to in paragraph (5) must have the validation of RPTKA.
(7) In the event that the timeframe as referred to in paragraph (5) has expired and TKA Employers will still
employ said TKA, TKA Employers shall submit an application for the Validation of RPTKA.
(8) Application for the Validation of RPTKA as referred to in paragraph (7) shall be submitted no later than 2
(two) weeks before the expiration of the period of TKA position as referred to in paragraph (5).

Article 20
TKA required by TKA Employers in the type of production activity which are stopped due to emergency, business
visit, and research as referred to in Article 19 paragraph (1) letter c may enter and stay in Indonesian territory by
using visa and stay permit in accordance with the provisions of laws and regulations in the immigration sector.

Division Two
Extension and Amendment to the Validation of Foreign Workers Recruitment Plan

Article 21
(1) Application for the extension of Validation of RPTKA shall be submitted by the TKA Employers online to
the Minister or the appointed official.
(2) Application for the extension of Validation of RPTKA as referred to in paragraph (1) shall be submitted no
later than 30 (thirty) business days before the period expires.
(3) Application for the extension of Validation of RPTKA as referred to in paragraph (1) shall be submitted by
TKA Employers while at least contains the following:
a. identity of the TKA Employer;

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b. reasons for the extension of validation of RPTKA;

c. position or ranking of TKA in the company’s organizational structure;
d. number of TKA;
e. period of TKA recruitment;
f. work location of TKA;
g. identity of TKA Understudy Workers; and
h. realization of absorption of Indonesian workforce.
(4) Application for the extension of Validation of RPTKA as referred to in paragraph (3) shall be submitted by
TKA Employers while at least enclosing the following documents:
a. application letter for the extension of RPTKA;
b. Validation of RPTKA which are still valid;
c. employment agreement or other agreements;
d. valid TKA passport;
e. social security program membership;
f. the tax identification number of TKA and the TKA Employer; and
g. report on the realization of the implementation of education and job training for Indonesian workers
in accordance with the qualifications of the position occupied by TKA.
(5) In the event that the application for extension of Validation of RPTKA is declared complete and correct,
the Minister or the appointed official shall issue the validation of extended RPTKA by no later than 2 (two)
business days.
(6) The period of each validation of extended RPTKA as referred to in paragraph (5) shall be granted for a
maximum of 2 (two) years and Validation of extended RPTKA in KEK shall be granted for a maximum of 5
(five) years.
(7) Validation of extended RPTKA is used as a recommendation to obtain a stay permit in order to work for
TKA.
(8) The Minister or the appointed official as referred to in paragraph (5) shall submit the data of TKA who will
be employed online to the minister in charge of government affairs in the law and human rights sector or
the appointed official as a recommendation to obtain a stay permit for work.

Article 22
(1) TKA Employers may submit an online application to amend the Validation of RPTKA to the Minister or the
appointed official regarding:
a. address of the TKA Employer;
b. identity of TKA;
c. work location of TKA; and/or
d. name of TKA Understudy Workers.
(2) Amendment to the Validation of RPTKA as referred to in paragraph (1) shall be issued by the Minister or
the appointed official no later than 2 (two) business days since the application is declared complete and
correct.

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Division Three
Compensation Fund for the Recruitment of Foreign Workers

Article 23
(1) TKA Employers must pay DKPTKA for each TKA they employ.
(2) Payment of DKPTKA is conducted in accordance with the TKA working period in Indonesian territory.
(3) Payment of DKPTKA as referred to in paragraph (1) shall be paid by the TKA Employers after receiving
the billing code for DKPTKA payment from the Minister or an appointed official.
(4) The billing code for DKPTKA payment as referred to in paragraph (3) shall be conveyed to TKA Employers
after the data and documents are declared complete by the Minister or the appointed official.
(5) Payment of DKPTKA is a requirement for the validation of RPTKA.
(6) Provisions regarding the amount and utilization of DKPTKA as referred to in paragraph (1) shall be
implemented in accordance with the provisions of laws and regulations.

Article 24
(1) Payment of DKPTKA by the TKA Employers is non-tax state revenue or regional revenue in the form of
regional levy.
(2) DKPTKA as referred to in paragraph (1) becomes:
a. non -tax state revenue for the validation of new RPTKA, validation of extended RPTKA for TKA who
work in more than 1 (one) province, and Validation of RPTKA KEK;
b. provincial revenues for the validation of extended RPTKA for TKA who work in more than 1 (one)
regency/city in 1 (one) province; and
c. regency/city revenues for the validation of extended RPTKA for TKA who work in locations within 1
(one) regency/city.
(3) Payment of DKPTKA as referred to in paragraph (1) for non-tax state revenue is paid through a receiving
bank appointed by the Minister and for regional revenue is paid through a bank appointed by the Regional
Government.

Article 25
(1) The obligation to pay DKPTKA does not apply to:
a. Government agencies;
b. representatives of foreign countries;
c. international agencies;
d. social institutions;
e. religious institutions; and
f. certain positions in educational institutions.

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(2) Certain positions in educational institutions which are exempted from DKPTKA payments as referred to in
paragraph (1) letter f shall be determined by the Minister after obtaining input from the ministry in charge
of government affairs in the education sector.

Article 26
Further provisions on procedures for the application, extension, amendment to the Validation of RPTKA, and
DKPTKA payment as referred to in Article 12 to Article 25 shall be regulated under a Regulation of the Minister.

CHAPTER IV
STAY PERMIT FOR FOREIGN WORKERS

Article 27
(1) Every TKA who is employed by a TKA Employer in Indonesia must have a stay permit.
(2) Types and procedures for granting the stay permit as referred to in paragraph (1) are in accordance with
the provisions of laws and regulations in the immigration sector.

CHAPTER V
EDUCATION AND JOB TRAINING FOR UNDERSTUDY WORKERS AND FOREIGN WORKERS

Article 28
(1) The appointment of Indonesian workers as TKA Understudy Workers is carried out for the transfer of
technology and transfer of expertise.
(2) Transfer of technology and transfer of expertise as referred to in paragraph (1) shall be carried out through
education and/or job training to TKA Understudy Workers so that they have the ability to implement the
technology used by TKA in carrying out their work.

Article 29
(1) Education and job training for TKA Understudy Workers may be carried out domestically and/or abroad.
(2) TKA Understudy Workers who attend education and job training as referred to in paragraph (1) shall
receive a certificate of education and job training and/or certificate of competence in accordance with the
provisions of laws and regulations.
(3) The implementation of education and job training for TKA Understudy Workers domestically as referred to
in paragraph (1) shall be carried out in accordance with the provisions of laws and regulations.

Article 30
Indonesian language education and training to TKA may be implemented by TKA Employers or in cooperation
with Indonesian language educational institutions or training institutions.

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Article 31
Further provisions on the implementation of education and job training for TKA Understudy Workers and TKA as
referred to in Article 28 to Article 30 shall be regulated under a Regulation of the Minister.

CHAPTER VI
REPORTING, GUIDANCE AND SUPERVISION

Division One
Reporting

Article 32
(1) TKA Employers must report every 1 (one) year to the Minister or the appointed official for the
implementation of:
a. recruitment of TKA;
b. education and job training for TKA Understudy Workers; and
c. transfer of technology and transfer of expertise from TKA to TKA Understudy Workers.
(2) TKA Employers for temporary work must report the implementation of recruitment of TKA as referred to in
paragraph (1) letter a after the expiration of the employment agreement to the Minister or the appointed
official.
(3) TKA Employers must report to the Minister or the appointed official for the TKA employment agreement
that has expired or has been terminated before the period of the employment agreement expires.

Article 33
The Minister or the appointed official shall provide data on TKA employed by TKA Employers online and can be
accessed by offices in charge of government affairs in the manpower sector at provincial and regency/city level
in accordance with the work location of TKA through the manpower information system.

Division Two
Guidance

Article 34
Guidance for the recruitment of TKA shall be carried out by the ministry in charge of government affairs in the
manpower sector and by offices in charge of government affairs in the manpower sector at provincial and
regency/city level in accordance with their authorities.

Division Three
Supervision

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Article 35
(1) Supervision of the recruitment of TKA shall be carried out by:
a. Manpower Supervisor at the ministry in charge of government affairs in the manpower sector and/or
offices in charge of government affairs in the manpower sector at provincial level; and/or
b. Immigration official in charge of immigration supervision and enforcement,
in a coordinated manner pursuant to the scope of their respective duties and authorities.
(2) The Manpower Supervisor as referred to in paragraph (1) letter a shall supervise the norms for the
recruitment of TKA in accordance with the provisions of laws and regulations in the manpower sector.

CHAPTER VII
ADMINISTRATIVE SANCTIONS

Article 36
(1) TKA Employers who violates the provisions of Article 6 paragraph (1), Article 6 paragraph (2), Article 6
paragraph (3), Article 7 paragraph (2), Article 8 paragraph (1), Article 10, Article 11 paragraph (1), Article
19 paragraph (6), Article 23 paragraph (1), Article 32 paragraph (1), Article 32 paragraph (2), and/or Article
32 paragraph (3), shall be subject to administrative sanctions in the form of:
a. fines;
b. temporary suspension of Validation of RPTKA application process; and/or
c. revocation of Validation of RPTKA.
(2) The administrative sanction as referred to in paragraph (1) shall be imposed by the Minister or the
appointed official.
(3) The Minister or the appointed official as referred to in paragraph (2) in imposing administrative sanctions
shall be based on a notification on the imposition of administrative sanctions from the Manpower
Supervisor.

Article 37
(1) Fines as referred to in Article 36 paragraph (1) letter a shall be imposed on TKA Employers who violates
the provision of not having a validation of RPTKA as referred to in Article 6 paragraph (1), Article 6
paragraph (2), and Article 19 paragraph (6).
(2) The amount of fines as referred to in paragraph (1) shall be imposed per position per person per month
with the following provisions:
a. 1 (one) month is subject to a fine of IDR 6,000,000.00 (six million rupiahs);
b. 2 (two) months are subject to a fine of IDR 12,000,000.00 (twelve million rupiah);
c. 3 (three) months are subject to a fine of IDR 18,000,000.00 (eighteen million rupiah);
d. 4 (four) months are subject to a fine of IDR 24,000,000.00 (twenty-four million rupiah);
e. 5 (five) months are subject to a fine of IDR 30,000,000.00 (thirty million rupiah); or
f. 6 (six) months are subject to a fine of IDR 36,000,000.00 (thirty-six million rupiah).

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(3) The calculation of the amount of fines as referred to in paragraph (2) shall be imposed on TKA Employers
starting from the TKA entering Indonesian territory for up to 6 (six) months.
(4) Fines as referred to in paragraph (2) shall be paid to the state treasury.
(5) Payment of fines as referred to in paragraph (2) shall be made by TKA Employers no later than 2 (two)
weeks since the imposition of fines was received or announced.

Article 38
(1) TKA Employers who does not pay the fine within a maximum period of 2 (two) weeks as referred to in
Article 37 paragraph (5) shall be subject to the sanction of temporary suspension of the Validation of
RPTKA application process.
(2) TKA Employers as referred to in paragraph (1) are still obliged to pay the fine and a late charge of 2% (two
percent) per month of the amounts of fines that must be paid.
(3) The late charge as referred to in paragraph (2) shall be imposed for a maximum of 6 (six) months.
(4) If within a period of 6 (six) months from the payment deadline, TKA Employers does not pay the fine and
late charge, the Minister or the appointed official shall delegate the collection to the agency authorized to
take care of state receivables for further processing.

Article 39
(1) The sanction of temporary suspension of the Validation of RPTKA application process as referred to in
Article 36 paragraph (1) letter b shall be imposed on the TKA Employers who violates the following
provisions:
a. does not facilitate Indonesian language education and training to TKA as referred to in Article 7
paragraph (2);
b. do not register TKA in the national social security program for TKA who work for more than 6 (six)
months or insurance program at insurance company for TKA who work for less than 6 (six) months
as referred to in Article 8 paragraph (1);
c. fail to report every 1 (one) year to the Minister or the appointed official for the implementation of the
recruitment of TKA, the implementation of education and job training for TKA Understudy Workers,
and the implementation of transfer of technology and transfer of expertise from TKA to TKA
Understudy Workers as referred to in Article 32 paragraph (1);
d. fail to report the implementation of recruitment of TKA for temporary work after the termination of
the employment agreement to the Minister or the appointed official as referred to in Article 32
paragraph (2); and/or
e. fail to report to the Minister or the appointed official for a TKA employment agreement that has
expired or has been terminated before the period of the employment agreement expires as referred
to in Article 32 paragraph (3).
(2) The sanction of temporary suspension of the Validation of RPTKA application process as referred to in
paragraph (1) shall be imposed for a maximum period of 3 (three) months.
(3) The sanction of temporary suspension of the Validation of RPTKA application process as referred to in
paragraph (2) shall contain the obligations that must be carried out by TKA Employers toward the
violations that have been committed.
(4) In the event that TKA Employers does not carry out the obligation as referred to in paragraph (3), they will

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be subject to the sanction of revocation of Validation of RPTKA.

Article 40
(1) The sanction of revocation of Validation of RPTKA as referred to in Article 36 paragraph (1) letter c shall
be imposed on TKA Employers who violates the following provisions:
a. employing TKA not in accordance with the Validation of RPTKA as referred to in Article 6 paragraph
(3);
b. employing TKA with concurrent positions in the same company as referred to in Article 10;
c. employing TKA in positions that take care of personnel as referred to in Article 11 paragraph (1);
and/or
d. does not pay DKPTKA for every TKA employed as referred to in Article 23 paragraph (1).

Article 41
The Minister or the appointed official shall convey the revocation of the Validation of RPTKA to the minister in
charge of government affairs in law and human rights sector or the appointed official to carry out immigration
actions in accordance with the provisions of laws and regulations in the immigration sector.

Article 42
Further provisions on the procedures for the imposition of administrative sanctions as referred to in Article 36 to
Article 4 1 shall be regulated under a Regulation of the Minister.

CHAPTER VIII
FUNDING

Article 43
All funding required for the implementation of this Regulation of the Government shall be charged to the State
Revenue and Expenditure Budget, the provincial Revenue and Expenditure Budget, as well as other legitimate
sources of funding in accordance with the provisions of laws and regulations.

CHAPTER IX
MISCELLANEOUS PROVISION

Article 44
The process of recruitment of TKA as regulated under this Regulation of the Government is conducted through
shared and integrated data use online.

CHAPTER X

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TRANSITIONAL PROVISION

Article 45
At the time this Regulation of the Government comes into force:
a. licensing for the recruitment of TKA that has been issued shall remain valid until its validity period expires;
and
b. licensing for the recruitment of TKA who are in the application process shall be adjusted to the provisions
in this Regulation of the Government.

CHAPTER XI
CLOSING PROVISIONS

Article 46
At the time this Regulation of the Government comes into force, Regulation of the President Number 20 of 20 18
on the Recruitment of Foreign Workers (State Gazette of the Republic of Indonesia of 20 18 Number 39), is
repealed and declared invalid.

Article 47
At the time this Regulation of the Government comes into force, the Regional Regulations and Regulations of the
Head of a Region that regulate levies derived from the extension of TKA recruitment permit must adjust to the
provisions under this Regulation of the Government by no later than 3 (three) months after this Regulation of the
Government comes into force.

Article 48
This Regulation of the Government comes into force on 1 April 2021.
For public cognizance, it is hereby ordered that this Regulation of the Government be promulgated in the State
Gazette of the Republic of Indonesia.

Established in Jakarta,
On 2 February 2021.
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
Signed.
JOKO WIDODO

Promulgated in Jakarta,
On 2 February 2021

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THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA,

Signed.
YASONNA H. LAOLY

STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2021 NUMBER 44

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ELUCIDATION OF
REGULATION OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
NUMBER 34 OF 2021
ON
THE RECRUITMENT OF FOREIGN WORKERS

I. GENERAL
In line with the efforts to improve national development, investment is one of the main strategies in order
to boost national economic growth so as to be able to create expansion of job opportunities for Indonesian
workforce. Manpower has a very important role and position as the actor and as the objective of
development. Every development activity should be carried out by Indonesian workers through filling in
positions which are necessary in the implementation of development. As the objective of development, the
government's role is needed to improve the quality and participation of the workforce in national
development pursuant to with human dignity. Therefore, if investment requires the recruitment of TKA,
then the recruitment of TKA is directed to accelerate national development process through transfer of
technology and transfer of expertise from TKA to TKA Understudy Workers.
This Regulation of the Government is needed to boost the acceleration of national development through
the selective recruitment of TKA with requirements and restrictions on TKA who will be employed through
the determination of certain positions and certain period of time that may be occupied by TKA.
The recruitment of TKA is carried out through the mandatory Validation of RPTKA. The obligations of TKA
Employers in employing TKA are, among other things, appoint workers who are Indonesian citizen as TKA
Understudy Workers who are employed for the transfer of technology and transfer of expertise from TKA,
implement education and job training for TKA Understudy Workers in accordance with the qualification of
the position occupied by TKA, facilitating Indonesian language education and training for TKA, and
returning TKA to their country of origin after their employment agreement expires.
Guidance and supervision of the recruitment of TKA shall be carried out by the Central Government and
Regional Governments in order to realize the creation of a conducive investment climate to create the
widest possible job opportunities for Indonesian workers and law enforcement, as well as administrative
sanctions, to TKA Employers toward the violation of norms for the recruitment of TKA.
This Regulation of the Government regulates the obligations and prohibitions of TKA Employers,
application, extension, and amendment of Validation of RPTKA, DKPTKA arrangement, issuance of stay
permit for TKA, implementation of education and job training for TKA Understudy Workers, Indonesian
language education and training for TKA, reporting, guidance, and supervision as well as administrative
sanctions for violations of norms for the recruitment of TKA.

II. ARTICLE BY ARTICLE

Article 1
Self-explanatory.

Article 2
Self-explanatory

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Article 3
Paragraph (1)
Letter a
"International agencies” shall include international organizations.
Letter b
Self-explanatory.
Letter c
Self-explanatory.
Letter d
Self-explanatory.
Letter e
Self-explanatory.
Letter f
Self-explanatory.
Letter g
“business entities, provided that they are allowed by the law to recruit TKA” are, among other
things, advocate offices and public accountant offices that are regulated in accordance with the law.
Paragraph (2)
Self-explanatory.

Article 4
Paragraph (1)
“a certain position” are, among other things, position at the commissioner, board of directors, managerial
and professional level.
Paragraph (2)
Self-explanatory.

Article 5
Self-explanatory.

Article 6
Self-explanatory.

Article 7

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Self-explanatory.

Article 8
Self-explanatory.

Article 9
Self-explanatory.

Article 10
Self-explanatory.

Article 11
Self-explanatory.

Article 12
Paragraph (1)
Self-explanatory.
Paragraph (2)
Letter a
"Identity of the TKA Employer" are, among other things, name, address, telephone number,
business sector/field of the TKA Employer.
Letter b
Self-explanatory.
Letter c
Self-explanatory.
Letter d
Self-explanatory.
Letter e
Self-explanatory.
Letter f
Self-explanatory.
Letter g
Self-explanatory.
Letter h
Self-explanatory.

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Paragraph (3)
Letter a
Self-explanatory.
Letter b
Self-explanatory.
Letter c
Self-explanatory.
Letter d
Self-explanatory.
Letter e
“other agreements” are, among other things, wholesale service agreement (perjanjian
pemborongan), letter of appointment of assignment from the head office, and memorandum of
understanding.
Letter f
Self-explanatory.
Letter g
Self-explanatory.
Letter h
Self-explanatory.
Letter i
Self-explanatory.
Paragraph (4)
Self-explanatory.

Article 13
Paragraph (1)
"the feasibility assessment of Validation of RPTKA" is the right to examine toward application for the
Validation of RPTKA based on selective national economic job market conditions with conditions and
restrictions on TKA who will be employed through the determination of certain positions and certain period
of time which can be occupied by TKA as well as potential workforce absorption.
Paragraph (2)
Self-explanatory.

Article 14
Paragraph (1)
Self-explanatory.

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 (1)

Paragraph (2)
Letter a
"identity of TKA" are, among other things, the name, place and date of birth, sex, education, marital
status, nationality, passport number, as well as the date and place of issue of the passport.
Letter b
Self-explanatory.
Letter c
Self-explanatory.
Letter d
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.
Paragraph (6)
Self-explanatory.
Paragraph (7)
Self-explanatory.

Article 15
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Letter a
Self-explanatory.
Letter b
Self-explanatory.
Letter c
"letter of approval from the authorized agency" are, among other things, the letter of approval of
assignment from the ministry in charge of government affairs in the foreign relations sector and the
ministry in charge of government affairs in the state secretariat sector.

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Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.
Paragraph (6)
Self-explanatory.
Paragraph (7)
Self-explanatory.

Article 16
Self-explanatory.

Article 17
Paragraph (1)
“temporary works” are, among others:
a. making commercial films and has obtained a permit from the authorized agency;
b. perform audits, production quality control, or inspections at company branches in Indonesia for a
period of more than 1 (one) month;
c. work related to the installation of machinery, electrical, after-sales service, or products in the
business exploration period;
d. impresario businesses; or
e. a one -time work or work for less than 6 (six) months.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.

Article 18
Self-explanatory.

Article 19
Paragraph (1)
Letter a

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"laws and regulations" are regulations governing investment facilities.

Letter b
Self-explanatory.
Letter c
"production which are stopped due to an emergency" is an unplanned condition that requires
immediate countermeasures due to, among other things, natural disasters, malfunction of the main
engine, riot/demonstration/unrest that needs to be handled immediately to avoid fatal losses for the
company and/or the general public.
"vocational" is vocational education and vocational training.
"technology-based start-up" is a company which is technology-based and has certain capital such
as, among other things, digital fintech and tech start-ups.
"business visits" are, among other things, conducting business talks, giving lectures or attending
seminars, participating in international exhibitions, attending meetings held with the head office or
representatives in Indonesia.
"research" are activities carried out for the purpose of scientific research.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.
Paragraph (6)
Self-explanatory.
Paragraph (7)
Self-explanatory.
Paragraph (8)
Self-explanatory.

Article 20
"production which are stopped due to an emergency" is an unplanned condition that requires immediate
countermeasures due to, among other things, natural disasters, malfunction of the main engine,
riot/demonstration/unrest that needs to be handled immediately to avoid fatal losses for the company and/or the
general public.
"business visits" are, among other things, conducting business talks, giving lectures or attending seminars,
participating in international exhibitions, attending meetings held with the head office or representatives in
Indonesia.

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"research" are activities carried out for the purpose of scientific research.

Article 21
Self-explanatory.

Article 22
Self-explanatory

Article 23
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.
Paragraph (6)
"laws and regulations" are laws and regulations governing the types and tariffs of non-tax state revenue
applicable at the ministry in charge of government affairs in the manpower sector.

Article 24
Self-explanatory.

Article 25
Self-explanatory.

Article 26
Self-explanatory.

Article 27
Self-explanatory.

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Article 28
Self-explanatory.

Article 29
Paragraph (1)
Self-explanatory.
Paragraph (2)
Self-explanatory.
Paragraph (3)
"laws and regulations" are laws and regulations governing the national job training system and the
national education system.

Article 30
Self-explanatory.

Article 31
Self-explanatory.

Article 32
Self-explanatory.

Article 33
Self-explanatory.

Article 34
Self-explanatory.

Article 35
Self-explanatory.

Article 36
Self-explanatory.

Article 37
Self-explanatory.

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Article 38
Self-explanatory.

Article 39
Self-explanatory.

Article 40
Self-explanatory.

Article 41
Self-explanatory.

Article 42
Self-explanatory.

Article 43

Self-explanatory.

Article 44
"integrated online" are, among other things, integration with the immigration system, the system of the ministry in
charge of government affairs in the financial sector, the social security agency, and the electronically-integrated
business licensing system.

Article 45
Self-explanatory.

Article 46
Self-explanatory.

Article 47
Self-explanatory.

Article 48

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