Immigration authorities have increased enforcement of the requirement for foreign nationals applying for work permits at the Indonesia Investment Coordinating Board’s (BKPM) One Stop Service (OSS) Center to pass a Bahasa Indonesia language proficiency test. The related regulation states that a language proficiency certificate must now be submitted as part of a TA-01 (recommendation for work permit) application. It is likely that this requirement may apply to work permit renewals within the coming months.
It is not yet clear whether this requirement will apply to applications filed directly at the Ministry of Manpower and Transmigration (MOMT).
The MOMT is expected to finalize the language test and implement additional related regulations in the coming months.
Background and Potential Test Administration
The language proficiency requirement has been in MOMT regulations since at least 2008. Although the requirement was also included in the regulations implemented in late 2013, the MOMT has not enforced it. Until recently, there had been no indication that this would change.
It is not yet clear how the requirement will be implemented, although it is expected that an online test will be made available for applicants, with the possibility of a virtual interview by the MOMT. The MOMT may also appoint a state university or similar institution to organize the issuance of the certificate.
Potential Exemptions
Directors, Commissioners, and other positions that require specialized skills may be exempt from the language test requirement. However, the MOMT has not yet defined “other positions that require specialized skills” and it is expected that if a definition is not provided, adjudicating officers at the MOMT may have wide discretion in the application of this exemption.
What This Means for Employers and Foreign Nationals
Foreign nationals applying for work permits at the OSS, and potentially eventually at the MOMT, should be prepared to pass a language proficiency test.
Current work permit holders should contact their immigration professional to discuss the potential requirement of passing the language test to renew their work permit.
We worked closely with PNB Law Firm in Jakarta to prepare this alert. It is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
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