MINISTER OF MANPOWER AND TRANSMIGRATION
REPUBLIC OF INDONESIA
DECREE OF
THE MINISTER OF MANPOWER AND TRANSMIGRATION OF
THE REPUBLIC OF INDONESIA
NUMBER: KEP. 223/MEN/2003
ON
POSITIONS AT EDUCATIONAL INSTITUTIONS
EXEMPTED FROM THE OBLIGATION TO PAY COMPENSATION
THE MINISTER OF MANPOWER AND TRANSMIGRATION
OF THE REPUBLIC OF INDONESIA
Considering:
a.
b.
That for the implementation of Article 47 paragraph (3) Law
Number 13 of 2003 on Manpower, it is necessary to stipulate the
certain positions at educational institutions which are exempted
from the obligation to pay compensation;
That therefore it is deemed necessary to be stipulated based on
the Decree of the Minister.
In view of:
1.
2.
3.
4.
5.
Law Number 3 Year 1951 regarding the Validation of the Labor
Supervision Act No. 23/1948 of the Republic of Indonesia
Throughout the Whole Territory of Indonesia (the Republic of
Indonesia State Gazette Number 4 Year 1951);
Law Number 20 Year 1997 on Non-Tax State Revenues (the
Republic of Indonesia State Gazette Number 43 Year 1997,
Supplement Number 3687 to the Statute Book of the Republic of
Indonesia);
Law Number 13 Year 2003 on Manpower (the Republic of
Indonesia State Gazette Number 39 Year 2003; Supplement
Number 4279 to the Republic of Indonesia State Gazette);
Government Regulation Number 92 Year 2000 on Tariff of NonTax State Revenues Type which is Effective at the Ministry of
Manpower and Transmigration (the Republic of Indonesia State
Gazette Number 181 Year 2000; Supplement Number 4009 to
the Republic of Indonesia State Gazette);
Presidential Decree Number 228/M Year 2001 on the
Establishment of Gotong Royong Cabinet.
Observing:
1.
2.
Reasoning of the Secretariat of the National Tripartite
Cooperation Body dated 31st August 2003;
Plenary Meeting Agreement on the National Tripartite
Cooperation Body dated 25th September 2003.
RESOLVES
To stipulate:
THE DECREE OF THE MINISTER OF MANPOWER AND
TRANSMIGRATION OF THE REPUBLIC OF INDONESIA ON POSITIONS
AT EDUCATIONAL INSTITUTIONS EXEMPTED FROM THE OBLIGATION
TO PAY COMPENSATION.
Article 1
In this Decree of the Minister, the meaning of:
1.
Foreign Manpower (expatriate), hereinafter referred to as TKA, is a foreign
national holding a visa to work in Indonesian territory.
2.
Employer of Foreign Manpower, hereinafter referred to as TKA Employer, is a
businessman, legal entity or other bodies hiring manpower by paying salary or
other types of rewards.
3.
Compensation is an obligation that must be met by a TKA Employer by paying
a sum of money for skills and expertise development in the form of non-tax
state revenues.
4.
Permit to hire foreign manpower, hereinafter referred to as IMTA, is a written
permit granted by the Minister or an appointed official to a TKA Employer.
5.
The Minister is the Minister of Manpower and Transmigration.
Article 2
(1)
(2)
Each employer hiring foreign manpower is obliged to pay the compensation.
The compensation payment as meant in paragraph (1) is a requirement to
obtain an IMTA.
Article 3
The obligation to pay compensation as meant in Article 2 paragraph (1) shall be
exempted for:
a.
b.
c.
d.
e.
f.
Government institutions;
Foreign representatives;
International bodies;
Social institutions;
Religious institutions; or
Certain positions at educational institutions.
Article 4
Certain positions at educational institutions as meant by Article 3 letter f are:
a.
b.
TKA as head master and teacher at educational institutions managed by
foreign embassies;
TKA as instructors/lecturers and or researchers at universities employed in
cooperation with universities abroad.
Article 5
With the stipulation of this Decree of the Minister of Manpower and Transmigration,
the Regulation of the Minister of Manpower Number PER-02/MEN/1998 on the
Revision to Article 4 in the Regulation of the Minister of Manpower Number PER01/MEN/1997 shall be deemed to have become null and void.
Article 6
This Ministerial Decision shall come into force on the day of its stipulation.
Stipulated in: Jakarta
On: 31st October 2003
Minister of Manpower and
Transmigration
of the Republic of Indonesia
(signed and sealed)
JACOB NUWA WEA