Manager Kitas to Director Kitas Legal and Implications

Sunny

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Oct 8, 2024
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Hello everyone, I’m hoping to get some advice regarding my boss’s KITAS situation.
My boss currently holds a Manager KITAS and is able to do work and bill through the company he works for.
However, we are considering changing the Manager KITAS to a Director KITAS and are concerned this might limit his ability to perform certain operational tasks.
Does anyone have experience with how this switch impacts day-to-day work, or perhaps know of any legal loopholes that would allow him to continue working as before?
Additionally, if he stays on a Manager KITAS but increases his shares in the company (for example, up to 50% ownership), is there a limit or threshold where he would automatically be considered a Director?
Is it possible to retain the Manager KITAS despite holding a larger percentage of shares?

Also, a friend of his who has experience with immigration comes to the office because he is a director but is doing the work in the workshop which he allowed to be directing only and it causing a problem.

Additional question, What if he converts to Director KITAS but does work at his house, using his own tools, not using the company tools. Is that possible causing a problem and immigration will come to his house to check?

Any insights or similar experiences would be greatly appreciated! Thank you!
 
... My boss currently holds a Manager KITAS ...
However, we are considering changing the Manager KITAS to a Director KITAS ...
Does anyone have experience with how this switch impacts day-to-day work,...
I suggest him to carefully choose the Visa/KITAS (at https://evisa.imigrasi.go.id/web/visa-selection) that is more appropriated to his work contract/function . This because it is considered a crime to use a visa/KITAS for purpose(s) other than the one(s) allowed (see the Law below) . He maybe needs to ask the Manpower Department also (https://tka-online.kemnaker.go.id/) , because there are so many options :

Management Expert Visa E23B , sponsored work visa
General Manager Visa E25D , sponsored work visa
Manager Visa E25E , sponsored work visa

Director Visa E25B , sponsored work visa
Vice-Director Visa E25C , sponsored work visa

General Investor Visa - Director shareholder of at least Rp10 billion invested , E28A , non-sponsored non-work visa.

---------------------------

UU no.6 Year 2011 (Indonesian Immigration Law) - not an official translation
Article 122
Shall be punished with imprisonment of up to five (5) years and fined at most Rp5 million:
a. any foreigner who deliberately misuse or engage in activities not in accordance with the intent and purpose of the Visa/KITAS/e-ITAS/KITAP given to him/her ;

Is it possible to retain the Manager KITAS despite holding a larger percentage of shares?
I think he needs to choose the appropriated Visa/KITAS (how much shares is not important , for example , he may be eligible to a General Investor/Director shareholder Visa/KITAS but he may not be allowed to do what he wants to do).
Also, a friend of his who has experience with immigration comes to the office because he is a director but is doing the work in the workshop which he allowed to be directing only and it causing a problem.
The problems is due to what the Law states (see above)
...What if he converts to Director KITAS but does work at his house, using his own tools, not using the company tools. Is that possible causing a problem and immigration will come to his house to check?
I think he is not allowed to do any work/anywhere which doesn't match with his work contract/work function as informed to Manpower Department .
 
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