On December 31, 2019, the Minister of Manpower (“MOM”) enacted Decree No. 349 of 2019 on Certain Positions Restricted for Expatriates (“Decree 349”).  Decree 349 revokes and replaces Decree No. 40 of 2012 dated February 29, 2012 concerning the same matter (“Decree 40”). Decree 349 sets out 18 positions restricted for expatriates while Decree 40 listed 19 positions. The single difference between both decrees is that Decree 349 removes the Chief Executive Officer position from the restricted positions list. Therefore, 18 positions listed under Decree 349 is the same as the remaining positions listed under Decree 40.

Note that Decree 349 is not the implementation of Article 42(5) of Law No. 13 of 2003 dated March 25, 2003 on Manpower that provides positions that are available for expatriates. The compilation of the positions available for expatriates are set out under Decree No. 228 of 2019 dated August 27, 2019 on Certain Positions Available to Expatriates (“Decree 228”).

In addition to reference to the International Standard Classification of Occupations (“ISCO”), Decree 349 refers to the Indonesian Standard Classification of Occupations (Klasifikasi Baku Jabatan Indonesia or “KBJI”). The updated list of restricted positions for expatriates set out in Decree 349 is as follows:

No.	ISCO/KBJI Code	Position
1	1210	Personnel Director
2	1232	Industrial Relations Manager
3	1232	Human Resources Manager
4	1232	Personnel Development Supervisor
5	1232	Personnel Recruitment Supervisor
6	1232	Personnel Placement Supervisor
7	1232	Employee Career Development Administrator
8	4190	Personnel Declare Administrator
9	2412	Personnel and Careers Specialist
10	2412	Personnel Specialist
11	2412	Career Advisor
12	2412	Job Advisor
13	2412	Job Advisor and Counseling
14	2412	Employee Mediator
15	4190	Job Training Administrator
16	2412	Job Interviewer
17	2412	Job Analyst
18	2412	Occupational Safety Specialist

February 17, 2020

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