Stephen Igor Warokka, a supervising partner in the immigration law and work permit practice of SSEK Legal Consultants, gave a presentation to EuroCham Indonesia's Human Resources Working Group on the new decree on positions open for expatriate workers.

Stephen was heavily involved in the process of helping to shape the contents of Ministry of Manpower (MoM) Decree No. 228/2019 regarding Certain Positions that Can Be Occupied by Foreign Workers. He met with various foreign business chambers in Jakarta to help coordinate their input on the draft decree, and met with the MOM, the Vice President's Office and the Coordinating Ministry for Maritime Affairs to discuss and help shape the draft decree and to raise the concerns of the business chambers and advocate on their behalf.

Highlights of New Decree

The highlights of MOM Decree 228 include the possibility of having an expatriate Commissioner or Director (non-HR) in all 18 business sectors listed in the decree, and the possibility that the MOM will approve positions that are not listed in the decree. Another important point is that the MOM will evaluate the list of positions open to expatriates at least every two years, or whenever necessary.

Work Permits (Izin Mempekerjakan Tenaga Kerja Asing) issued before the issuance of this new decree shall remain valid until their expiration. MOM Decree 228 revokes 19 MOM decrees that had regulated positions open to expatriates in 19 different business sectors, as well as any MOM decree that provides any positive list for expatriate manpower positions.

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