Do I need work permit IMTA if I work and hired by abroad company but staying in Indo with my wife sponsored KITAS

Selann

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Feb 25, 2021
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Hello!

I think I’ve read like almost the same thread but mine was a little bit different, so I post another one.

I am a filipino, married to an Indonesian and currently staying in Indonesia using KITAS sponsored by my wife.

I was going to be hired and work for an abroad company (australia), but it is a remote job as a consultant.

Do I still need work permit?

Thank you and will be waiting for the answer.
 

dafluff

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Hello!

I think I’ve read like almost the same thread but mine was a little bit different, so I post another one.

I am a filipino, married to an Indonesian and currently staying in Indonesia using KITAS sponsored by my wife.

I was going to be hired and work for an abroad company (australia), but it is a remote job as a consultant.

Do I still need work permit?

Thank you and will be waiting for the answer.

If the company has an Indonesian office, then yes.

Otherwise no. IMTA would be impossible to issue because it can only be issued to companies in Indonesia.
 

R Cameron

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It's a grey area, both for 'online work' and spousal work. Immigration law says you have the right to work to support your family. Manpower law says all foreign workers needs a work permit, technically this could even apply to a tourist answering a single work email while on a one week vacation in Indonesia. There have been attempts to get this conflict clarified in court, but the courts have avoided the issue. Some pejabat have made public comment that the kind of work you describe is allowed, as long as it has nothing to do with Indonesia. Those statements are not law, but they reveal the official sentiment, which typically prevails over law anyway. It would be different if the company has any connection to Indonesia, like an office in Indonesia, Indonesian clients, imports goods from Indonesia, uses video content of Indonesia, etc.

Practically speaking, if the company has no connections to Indonesia, you will be fine. But still be discreet about it, no need to tell everyone, and if/when questioned, make it clear the company and work is completely outside and unrelated to Indonesia while also directing them to immigration law UU No. 6 2011:

Pasal 61

Pemegang Izin Tinggal terbatas sebagaimana dimaksud dalam Pasal 52 huruf e dan huruf f dan pemegang Izin Tinggal Tetap sebagaimana dimaksud dalam Pasal 54 ayat (1) huruf b dan huruf d dapat melakukan pekerjaan dan/atau usaha untuk memenuhi kebutuhan hidup dan/atau keluarganya.
 

Helpful Herbert

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You can only get a work permit if you are employed by an Indonesian entity. There's no point in trying to get a document that is legally impossible for you to get. I'm sure if they decide to address this issue in the future they will provide a path to enable people in this position to get a legally valid permit.
 

HappyMan

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My take on it is they same as R Camerons. There was a fairly recent media statement by an immigration official regarding digital nomads that listed the things digital nomads are not allowed to do without a work permit. They all pertained to interaction with or compensation from Indonesian companies or companies that have a presence in Indonesia.

Add to that your spousal ITAS which is supposed to grant you the right to work to support your family (somehow), and I don't think an immigration officer will want to waste their time on a hard case like yours that is unlikely to generate positive media coverage.

Just avoid making a target of yourself for other reasons and this is unlikely to be an issue.
 

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