Not all positions can be occupied by foreign workers in Indonesia. Here is the explanation for you.

The use of foreign workers is common to be found in developing countries such as Indonesia. Besides supporting the limited human resources available in the country, the use of foreign workers is also believed to be able to support the strength of the country's economy and help develop long-term investments.

Even though it is often criticized by local people because it is considered to be able to narrow job opportunities for local residents, in fact, foreign workers can also help the development of the economy and the quality of human resources in the country.


Foreign Workers’ Requirements to Work in Indonesia
To work as a foreign worker in Indonesia, you must fulfill several requirements that have been arranged in detail in Article 5 of the Ministry of Manpower Regulation (Permenaker) number 10 of 2018. These requirements are:

  1. Foreign workers must have a suitable educational background or title in accordance with the job qualifications that will be occupied by them.
  2. Foreign workers must have a certificate of competence or have work experience of at least 5 (five) years in accordance with the job qualifications that will be occupied by them.
  3. Foreign workers must transfer their expertise to Companion Workers.
  4. Foreign workers must have a Taxpayer Identification Number (this rule applies to the foreign workers who have worked for more than six months)
  5. Foreign workers must have The Limited Stay Permit (known as ITAS or VITAS) for work that is issued by an authorized agency.

All the above conditions are mandatory and not negotiable. However, several job positions cannot be occupied by foreign workers even though they fulfill all the requirements above. You can find a discussion about the types of positions below.
The Positions that Can Not Be Occupied by Foreign Workers
According to the applicable law in Indonesia, several positions cannot be occupied by foreign workers in Indonesia. This regulation has permanent legal force through several legal bases, namely:

  1. Article 46 paragraph (2) of Law No. 13 of 2003 concerning Manpower (State Gazette of the Republic of Indonesia of 2003 Number 39.
  2. Presidential Decree Number 84 of 2009
  3. Regulation of the Minister of Manpower and Transmigration concerning The Procedures to Use the Foreign Workers.
  4. Regulations of Central Bureau of Statistics Number 57 of 2009 concerning Standard Classification of Indonesian Business Fields.

According to the law above, there are at least 19 types of positions that cannot be occupied by foreign workers, namely:
1. Personnel Director
2. Industrial Relation Manager
3. Human Resource Manager
4. Personnel Development Supervisor
5. Personnel Recruitment Supervisor
6. Personnel Placement Supervisor
7. Employee Career Development Supervisor
8. Personnel Declare Administrator
9. Chief Executive Officer
10. Personnel and Careers Specialist
11. Personnel Specialist
12. Career Advisor
13. Job Advisor
14. Job Advisor and Counseling
15. Employee Mediator
16. Job Training Administrator
17. Job Interviewer
18. Job Analyst
19. Occupational Safety Specialist

Final Words
Finally, from the list above it can be seen that there are quite some strategic positions in companies that cannot be occupied by the foreign workers in Indonesia. This is very important to notice when your company wants to employ foreign workers. 

Reference: Job Availability & Restrictions for Workers of Foreign Citizenships in Indonesia

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