Penalty for employing a foreigner without RPTKA
Apa sanksi kalau pakai TKA tanpa RPTKA?
The situation
Employing a foreigner without an approved RPTKA is a criminal offence under the Manpower Law, with prison and fines.
The law
- Art 42, Law 13/2003 on Manpower, as amended by Law 6/2023: An employer of a foreign worker must have an approved foreign worker utilisation plan (RPTKA)
What it means for you
Secondary sources cite 1 to 4 years in prison and fines of IDR 100 million to IDR 400 million. Immigration can also deport the worker. Fix the gap before any inspection by applying for the RPTKA and the right KITAS.
What to do
- Stop the work.
- Apply for RPTKA.
- Get the right KITAS.
- Take legal advice.
Directors can be personally exposed.
We can do this for youHiring an expatriate: RPTKA, DKP-TKA, work KITAS, then NPWP, BPJS and payroll tax: IDR 19.000.000