Best Work Permit Lawyers in Kertajaya

How foreign-worker authorization works for employers in Kertajaya

Kertajaya is a kelurahan in Gubeng, Surabaya. A business hiring a foreign national there follows Indonesia’s national employment and immigration rules; there is no separate Kertajaya work permit.

In most cases, the Indonesian employer applies for approval of a Foreign Worker Utilization Plan, known as an RPTKA, through the Ministry of Manpower’s system. The employer, not the foreign worker, is generally responsible for sponsorship and compliance, including any required compensation payment and appointment of an Indonesian counterpart.

RPTKA approval is not a visa or stay permit. The worker must also obtain the appropriate immigration authorization for the intended work. The role, qualifications, employer’s business activities, and any sector-specific restrictions can affect eligibility.

When legal advice can help in Kertajaya

• A Surabaya employer is hiring a foreign specialist for an office, school, clinic, shop, or other Kertajaya operation and needs to confirm the role can be filled by a foreign national.
• An employer is unsure whether a proposed job title and duties match the position described in its RPTKA application.
• A foreign employee is changing employers, duties, or work location and needs to understand whether new employment approval and immigration steps are required.
• An application has been delayed or questioned because company documents, job qualifications, or the Indonesian counterpart arrangement do not match.
• An employer has received an inspection request or faces concerns about employing someone whose immigration status may not authorize the work being performed.
• A business needs to calculate its foreign-worker compensation obligation and check whether a statutory exemption applies.

Key Indonesian rules on employing foreign workers

Law No. 13 of 2003 on Manpower, as amended by Law No. 6 of 2023 on Job Creation: establishes the main employment framework, including the requirement for employers to obtain authorization to employ foreign workers, subject to applicable rules and exceptions.

Government Regulation No. 34 of 2021 on the Use of Foreign Workers: sets out employer obligations, RPTKA approval, compensation, and related requirements. It took effect on 1 April 2021.

Minister of Manpower Regulation No. 8 of 2021 on the Implementing Regulation on the Use of Foreign Workers: provides implementing procedures for the foreign-worker framework under Government Regulation No. 34 of 2021.

Frequently asked questions

Does a foreign national need a work permit to work in Kertajaya?

Usually, the employer must secure the required foreign-worker employment approval, and the worker must hold immigration authorization that permits the intended work. The exact requirements depend on the role and any applicable exception.

Can the foreign worker apply for the RPTKA personally?

Generally, the Indonesian employer submits the RPTKA application and takes responsibility for the required employment arrangements. A prospective employee should confirm that the employer is handling both employment approval and immigration steps.

What is an RPTKA?

An RPTKA is the employer’s Foreign Worker Utilization Plan, which identifies matters such as the foreign worker’s role and planned employment. Approval is part of the employment authorization process, but it does not replace a visa or stay permit.

Who may qualify for foreign-worker employment?

Eligibility depends on the employer, position, qualifications, and current rules for the relevant sector. Employers should verify that the proposed role is permitted and that the worker’s experience and credentials support the application.

Does the employer need to provide an Indonesian counterpart?

Employers generally have duties concerning an Indonesian worker who accompanies the foreign worker and receives knowledge or skills transfer. Requirements and exceptions depend on the circumstances, so the employer should check them before filing.

How much is the foreign-worker compensation payment?

The standard compensation payment is generally USD 100 per foreign worker for each month of employment, paid in advance in accordance with the applicable rules. Statutory exemptions may apply, and this payment is separate from legal fees and immigration charges.

Is there a separate work permit for Kertajaya or Surabaya?

No separate Kertajaya work permit replaces the national process. Local employment matters may involve Surabaya authorities, but foreign-worker employment approval is governed by national rules.

How long does approval take?

There is no single reliable timeline for every case. Processing depends on the completeness of the employer’s documents, the role, and any follow-up requests; visa and stay-permit processing adds separate steps.

Can a foreign worker change employers after approval?

A change of employer may require new employment approval and updated immigration arrangements. The worker should not assume that an existing approval automatically covers a different employer or role.

What if the worker already has a visa or stay permit?

A visa or stay permit alone does not necessarily authorize employment. The employer should confirm that both the immigration status and foreign-worker employment approval cover the specific work being performed.

Are legal fees fixed by law?

There is no single statutory lawyer fee for these services. Ask for a written scope and fee estimate, separating professional fees from government charges and any foreign-worker compensation payment.

Where can an employer check official requirements?

The Ministry of Manpower handles national foreign-worker employment rules and applications. Surabaya’s manpower office can provide local employment guidance, while immigration authorities address visas and stay permits.

Official resources

• Ministry of Manpower of the Republic of Indonesia: publishes national manpower rules and administers foreign-worker employment processes, including RPTKA procedures.
• Dinas Perindustrian dan Tenaga Kerja Kota Surabaya: provides city-level employment and labour services for employers and workers in Surabaya.
• Directorate General of Immigration, Ministry of Immigration and Corrections: handles immigration rules and services relating to visas and stay permits.

Steps to find and hire a work permit lawyer

1. Define the assignment. Write down the job, work location in Kertajaya, proposed start date, employer entity, and the worker’s nationality and qualifications. Allow one or two days to gather this information.
2. Collect the documents. Assemble company registration and business records, the job description, the worker’s passport and credentials, and any existing employment or immigration approvals.
3. Shortlist local counsel. Look for an Indonesian lawyer who handles foreign-worker employment and immigration matters and can advise employers operating in Surabaya.
4. Ask focused questions. During an initial consultation, ask whether the role appears eligible, what approvals are needed, who will file them, and how the lawyer will address any exceptions or compliance risks.
5. Compare written proposals. Request the scope, professional fees, expected filing stages, and likely additional costs in writing. Compare proposals within a few days, including what is excluded.
6. Check and sign the engagement terms. Confirm the lawyer’s identity and agreed responsibilities before authorizing filings or sharing sensitive documents. Ask for copies of submissions and official decisions as the matter progresses.