Indonesian Mixed Marriage Couples - Right to Work

New Immigration Law - UU 6/2011
Indonesian Mixed Marriage Couples
Right to Work

The new immigration law allows for the employment of expatriate spouse who have been married to an Indonesia for 2 years. One of the main distinctions of the new immigration law is that under this new law, foreign citizens in mixed marriage families clearly are not categorized as foreign “expatriate workers.” Therefore, under the provisions of the new law, a person would not necessarily be employed in the context of the RPTKA/IMTA (which only applies to “expatriate workers”).

Elucidation on Key Provisions of the New Law

Article 52 (e) - A Temporary Resident Permit shall be given to a foreign national who is legally married to an Indonesian.

Article 54, 1(b) – A Permanent Resident permit may be given to a member of a mixed marriage family.

Article 59 (1) - A Permanent Resident Permit is issued for a period of five (5) years and may be extended for an unlimited period insofar as the permit has not been canceled.

Article 59 (2) – The holder of a Permanent Resident Permit for an unlimited period as intended in paragraph (1) must report to the Immigration Office every five (5) years and is not subject to a fee.

Article 60 (2), (3) - After 2 years of marriage, the Permanent Resident Permit may be issued immediately.

Article 61 - The holder of a Permanent Resident Permit issued pursuant to Article 54 1(b) above may work and/or do business to provide a living for him/herself and/or for his or her family.

Article 63 (4) – the provisions concerning a foreigner having a Guarantor or sponsor DO NOT APPLY to foreign nationals who are legally married to Indonesian citizens.

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Caveat:

It is my understanding that while the new law does allow a foreigner married to an Indonesian either the "right" or privilege to "work and/or do business to provide for his/her living and/or the living of his/her family"; with regard to the working or employment side of this dichotomous Article 61 (as opposed to the "do[ing] business part; i,e. forming their own PT or company), "DEPNAKER" or the Labor Dept must still issue a working permit to a foreigner, even if married to an Indonesian for >/= two years.

Notwithstanding the new Immigration law or its administrative implementation or interpretation; a foreign national simply cannot hold certain positions in Indonesian whether married to an Indonesian or not. For example, if I (an American citizen) wanted to hold a position as a Director in a corporation whose Articles of Incorporation expressly stipulate that a foreign national cannot hold such a position, I would be barred from holding such a position regardless of UU 6/2011. Furthermore, "DEPNAKER" may not approve a working permit for me to be employed in certain types of positions, industries, professions or trades.

So while I may now have the right or "privilege" to now work under UU 6/2011 by virtue of being married to an Indonesia for >/= 2 years; the Labor Dept must still give my employment their "blessings" or approval. Therefore, the right to work as a salaried or wage earning employee is not absolute. There appears to be no such encumbrance or restriction if I was to to simply own or have my own business, or work in the capacity of a self-employed independent contractor or sole proprietor - unless of course that was engaged in an occupation, trade or profession which required a license in Indonesia or which could only be performed by a native born or naturalized Indonesian national.