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Compliance of Government Regulation in Lieu of Law (Perppu) No.2 of 2022
Compliance of Government Regulation in Lieu of Law (Perppu) No.2 of 2022
2 of 2022
Government Regulation in Lieu of Law No.2 of 2022 concerning Job Creation revokes Law 11 of 2020 concerning Job Creation. However, all implementing
regulations and laws and regulations issued from Law 11 of 2020 concerning Job Creation remain valid as long as they do not conflict with this Government
Regulation in Lieu of Law Number 1 of 2022 concerning Job Creation. Based on these provisions, please fill this compliance status by checking operational of
our Company Business Lisence and Permits.
In event termination caused by company losing, did your company work with already gave 0,5x
severance pay, 1x tenure reward, rights reimbursement, detachment money?
In event termination was to prevent the company from losing further did your company work with
already gave 1x severance pay, 1x tenure reward, rights reimbursement, and detachment money?
REAL ESTATE BUSINESS
12. Perppu No.2 of 2022 and Is the company where you work is the holder of land rights ?
Government Regulation If yes, from this following right, which land rights your company held?
No. 18 of 2021 - Right to Manage
- Right to Cultivate; Right to Build: Right to use on Land
- Apartment Unit
- Right to Manage Underground Space and Overground Space
Based on Government Regulation (‘GR”) No. 18 of 2021 as the Implementing regulation of Law
11/2020, have the company you work with provisions regarding land titles and registration ?
If your company work with is a holders of right to build, did your company complied obligation in
the GR 18/2022 ? Regarding:
- Performer of the construction and/or cultivation of their land in accordace with the
purpose of allocation and conditions as stipulated in decision of the right granting
maximum 2 (two) years as from the right is granted
- Maintain the land, including improving the fertility and preventing the damage and
preserving the enviroment
- Maintain the conservation function of water body boundary or other conservation
functions
- Comply with the provisions of space utilization regulated in the spatial layout plan
- Return the land granted with right to build to the state holder of the Right to Manage
or holder of the right of ownership, after the right to build is abolished
Regarding matter prohibited for holders of right to build, is your company work with comply these
following provisions?
- Not lock or close the yard or other plots of Land from public traffic, public access
and/or waterway
- Not to damage natural resources and preservation of environment capacity
- Not to Abandon their land: and/or
- Not erect Permanent building that reduces the conservation function of levee,
conservation function of boundary, or other conservation functions, in the event that
the area of right to build has water body boundary or other conservation functions
FOREIGN WORKER EMPLOYMENT
Employers who plan to and/or are currently employing foreign workers are recuired to have a
Foreign Worker Utilization Plan (Rencana Penggunaan Tenaga Kerja Asing or RPTKA, “FWUP”). This
is regulated under Government Regulation No.34/2021 (GR No. 34/2021), an implementative
regulation of Law No. 11 of 2020 on Job Creation and Law No.13 of 2003 on Manpower.
Have the company you work with already complied with the following employer obligations and
prohibitions in GR No.34/2021 ?
OBLIGATION
- Posses and FWUP
- Employ Foregin Workers based on FWUP approval.
- Appointing and Indonesian Employee as a Counterpart for technology and knowledge
Perppu No.2 of 2022 and transfers
13. Government Regulation - Carry out education and job training for Indonesian Counterparts in accordance with
No. 34 of 2021 the qualification of FWUP
- Repatriate Foreign Workers to their countries of origin after the work Agreement ends
- Facilitate Foreign Workers for learning Bahasa Indonesia
- Enroll Foreign Workers in national social security or incurance program
PROHIBITION
- Not employ Foreign Workers if the business is a sole proprietorship
- Not employ Foregin Workers in more than one position in the same company: and/or
- Not employ Foregin Workers in human resources/personnel positions.
REPORTING, GUIDANCE, and SUPERVISION
Have the company you work with already provided annual reports to the Minister of Manpower
that include statements on their functions, education, training, as well as knowledge transfer
responsibilities?