In the era of globalization, we can’t avoid the presence of Expats within our company, as it is still believed that Expat is a key
factor mainly in multinational companies. However, our government has restricted even close the door for the certain position occupied by Expats.
The Government has mandatory interest to prioritize Indonesians who are well qualified for the jobs which I believe it is among the reasons why the government close off certain position to its expats.
Does the government expect a further decline in the number of expat employed in Indonesia? as you may be aware that the ASEAN Economic Community has started coming into effect this year 2015, therefore a new set of rules to protect Indonesian workers is mandatory.
It is based on the Decree of Manpower and Transmigration Ministry No. 40/ 2012. (This decree was made in Susilo Bambang Yudhoyono's Reign and still in effect). There are 19 position that the government closed off to expatriates
- Direktur Personalia (Personnel Director)
- Manajer Hubungan Industrial (Industrial Relation Manager)
- Manajer Personalia (Human Resource Manager)
- Supervisor Pengembangan Personalia (Personnel Development Supervisor)
- Supervisor Perekrutan Personalia (Personnel Recruitment Supervisor)
- Supervisor Penempatan Personalia (Personnel Placement Supervisor)
- Supervisor Pembinaan Karir Pegawai (Employee Career Development Supervisor)
- Penata Usaha Personalia (Personnel Declare Administrator)
- Kepala Eksekutif Kantor (Chief Executive Officer)
- Ahli Pengembangan Personalia dan Karir (Personnel and Careers Specialist)
- Spesialis Personalia (Personnel Specialist)
- Penasehat Karir (Career Advisor)
- Penasehat tenaga Kerja (Job Advisor)
- Pembimbing dan Konseling Jabatan (Job Advisor and Counseling)
- Perantara Tenaga Kerja (Employee Mediator)
- Pengadministrasi Pelatihan Pegawai (Job Training Administrator)
- Pewawancara Pegawai (Job Interviewer)
- Analis Jabatan (Job Analyst)
- Penyelenggara Keselamatan Kerja Pegawai (Occupational Safety Specialist)
CEO Position Remains Open to Expats
Yups, the decision has made us in confusion as there is a typographical error on the issuance of ministerial Decree. This occurred as the terminology was originally taken from Indonesian language as Kepala Eksekutif Kantor ( Executive Head of Office) then had been misinterpreted as Chief Executive Office.
The government intended to restrict position which has relation to Human Capital. such as the Chief Officer supervising personnel either in main offices or their branches. Anyhow, The Chief Officer having to do with Human Capital are banned to Expats
CONCLUSION
As mandated by law, in particularly the Indonesian labor law article 46 / 2003, the government needs to restrict some position for Expats aiming at protecting local workers, creating conducive industrial relations and on top of that ensuring the obligatory knowledge transfer to local workers.
Correspondingly, Private companies having expat on their payroll having to do with human capital are advised to comply with this ministerial decree.
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