Immigration Highlights
Strengthened Immigration Enforcement in Indonesia:
Key Considerations for Foreign Workers and Employers
The following is informational in nature – crafted for the benefits of our clients, based on our recent engagement with the immigration department.
Recently, we have seen increased number of news covering immigration arrest. One example:
With the new government taking place, shifts in immigration enforcement policies have been spotted. Indonesia has heightened its scrutiny over foreign nationals’ compliance with work and residence regulations.
This article discusses essential considerations for companies employing foreign workers in Indonesia, ensuring they understand new enforcement protocols to avoid potential penalties.
Increased Immigration Audits
Immigration authorities have amplified on-site audits and random inspections to verify the status of foreign employees across various sectors. These measures, designed to align with national employment policies, are intended to ensure all work visas accurately reflect foreign workers’ positions, responsibilities, and personal details. For companies, this means that any role change, adjustment to job titles, or personal information updates for foreign staff should be carefully documented and reflected in visa records. Furthermore, companies sponsoring foreign employees must notify immigration authorities of changes, often within strict timelines, such as a 30-day window for certain updates.
Key Takeaway for Employers: It is crucial to develop an internal compliance framework to stay on top of visa accuracy, job title alignments, and timely updates on employee information.
Mandatory Reporting of Foreign Employee Movements
Indonesian regulations now mandate that employers track and report the whereabouts of their foreign employees, particularly if workers move across job sites, travel, or temporarily relocate. This measure aims to prevent unauthorized labor mobility and promote greater accountability among businesses. For companies, this means maintaining updated records on foreign employees’ work locations and ensuring they only work in designated locations permitted by their visa type.
Key Takeaway for Employers: Employers should implement consistent communication and reporting protocols to monitor employee travel and location data as required by immigration authorities.
Stringent Penalties for Non-Compliance
Failure to adhere to immigration policies and reporting requirements can result in significant penalties. Non-compliant companies may face fines, while individual foreign employees could encounter legal repercussions, including deportation. With the current enforcement landscape, businesses that fail to align with these enhanced policies risk not only financial liabilities but also operational disruptions if foreign employees face restrictions or are unable to complete assignments.
Key Takeaway for Employers: Proactively work with legal advisors or immigration specialists to develop a comprehensive compliance plan that includes regular audits, reporting mechanisms, and support for foreign employees navigating complex immigration requirements.
Conclusion
The recent increase in immigration enforcement reflects Indonesia’s commitment to regulating foreign employment. For companies hiring foreign talent, understanding these changes and adopting a compliance-first approach is essential. Establishing clear communication, updating information promptly, and maintaining thorough records can minimize risks associated with non-compliance and ensure smooth operations under Indonesia’s stringent immigration framework.
To read the article in PDF version, click here
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Disclaimer:
The foregoing material is the property of MNP and may not be used by any other party without prior written consent. The information herein is of general nature and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. Specific legal advice should be sought by interested parties to address their particular circumstances.
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Read an article about Labor Law Changes in Indonesia – https://murzallawfirm.com/preparing-for-labor-law-changes-in-indonesia/
