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Indonesian lawyer | Legal consultant | Tax consultant

When it comes to Legal & Tax matters, making the right move is vital

Kusuma & Partners Law Firm is one of leading Indonesian law firm as well as tax firm. We assist clients to face challenging legal, tax, and regulatory challenges in Indonesian. Offering an integrated Legal and Tax services, our teams of professional lawyers and tax consultants have proven international experience. We are proud that our clients can access our fully integrated range of consultancy and services by way of a single contact.
Featured Practice Areas

Our expertise spans the full suite of legal and tax services to include both advisory and transactional work where we have been involved in landmark corporate transactions, as well as complex and litigation and matters.

General Corporate Services

General corporate & Comercial

We work with our clients to understand commercial and business objectives. We express our advice in commercial terms and offer seamless end-to-end service across the lifecycle of your project and long-term goals.
Litigation Services

Litigation & Dispute resolution

With more than a decade of experience in commercial disputes and litigation through Indonesian courts, our team of lawyers has successfully represented our clients including a range of Individual, Indonesian Local Company (PT PMDN), Foreign-Owned Company (PT PMA), multinational company.
Tax Services

Tax

We assist client both corporate and individual to find the most tax-friendly approach for many types of transactions and industries by applying our extensive knowledge of the prevailing Indonesian tax regulations and our extensive knowledge as practitioner in the field of taxation. We assess the tax implications of the proposed business structures and provide recommendations of the most tax efficient.

Why Choose Kusuma & Partners?

Extensive Expertise

We offer deep knowledge across various legal fields, ensuring tailored solutions for your needs.

Comprehensive Services

From corporate setup to complex litigation, we handle all your legal & tax matters under one roof.

Cost-Effective Solution

Our fee structure is designed to offer the best possible legal support at cost-effective rates, ensuring that you receive excellent service and results at a fair price.

Strategic Counsel

We offer proactive advice, helping you make informed decisions that protect and advance your interests.

Local Network

Our strong network of connections with local authorities, experts, and industry leaders enhances our ability to deliver comprehensive solutions.

Long-Term Relationships

We believe in building lasting partnerships with our clients, offering continuous support and strategic guidance to help your business grow and succeed over time.

Frequently Asked Questions

What is an Investor KITAS, and how is it different from a Work Permit KITAS?

The Investor KITAS allows foreign nationals who hold significant shares in an Indonesian company to live and manage their investment in Indonesia. Unlike the Work Permit KITAS, the Investor KITAS does not require a separate work permit (IMTA) as it focuses on investment management rather than employment.

What are the key legal regulations governing visas and stay permits in Indonesia?

The Indonesian Ministry of Law and Human Rights Regulation Number 22 of 2023 outlines the legal framework for all visas and stay permits.

Can I apply for a Work Permit KITAS if I work for a foreign company based outside of Indonesia?

No, a Work Permit KITAS requires sponsorship from a legally registered Indonesian company. Foreign companies based outside Indonesia cannot sponsor a KITAS unless they establish a legal presence in Indonesia, such as a PT PMA.

Can I convert a Single-Entry Business Visa or Multiple-Entry Business Visa to a KITAS?

No, you cannot convert a Single-Entry or Multiple-Entry Business Visa to a KITAS. KITAS applications must be initiated separately through your employer or investment sponsor and require different documentation and procedures.

What should I do if I need to renew my KITAS?

Renewals must be processed before your KITAS expires. We recommend starting the process well in advance to avoid overstaying penalties.

Can I bring my family with me on a Work Permit KITAS

Yes, you can bring immediate family members (spouse and children) under a Dependent KITAS. Your dependents will be issued a KITAS based on your work permit, allowing them to stay in Indonesia legally, though they cannot work.

Can I work in Indonesia with an Investor KITAS?

Yes, as an investor, you are allowed to manage and oversee your investments. However, the Investor KITAS does not permit traditional employment for other companies; it only covers activities related to managing your investments.

What happens if I overstay my visa or KITAS in Indonesia?

Overstaying your visa or KITAS can lead to fines of IDR 1 million per day, and if overstaying persists, deportation and potential blacklisting from Indonesia are possible. It’s important to ensure timely renewals and proper visa management.

How long does it take to process a Work Permit KITAS?

The processing time can vary, but typically it takes around 2 to 4 weeks from the submission of the required documents to the issuance of the KITAS.

What happens if my employment contract ends before my Work Permit KITAS expires?

If your employment contract ends, your employer must report the termination to the immigration office, and your KITAS will be canceled. You are required to leave Indonesia unless you secure another sponsorship or transition to a different visa type.

Can I conduct business activities on a Tourist Visa in Indonesia?

No, business activities such as attending meetings or negotiations are not allowed on a Tourist Visa. For such activities, you must apply for a Single-Entry Business Visa or a Multiple-Entry Business Visa, depending on your needs.

What are the consequences of working in Indonesia without a Work Permit KITAS?

Working without a proper Work Permit KITAS (Index E23) is a serious violation of Indonesian immigration laws. It can lead to fines, deportation, and possible blacklisting, preventing future entry into Indonesia. Always ensure you have the correct permit before engaging in any employment.

Can I change my visa type while in Indonesia?

In most cases, changing visa types (e.g., from a Business Visa to a KITAS) requires leaving Indonesia and applying from abroad. However, specific visas, such as a temporary visa to KITAS, may be converted under certain conditions. We can guide you on the best approach based on your situation.

Can I apply for a Work Permit KITAS (Index E23) if I am a freelancer or self-employed?

No, freelancers or self-employed individuals cannot apply for a Work Permit KITAS. The KITAS requires sponsorship from an Indonesian company that employs you in a specific role. However, other visa types may be available depending on your circumstances and types of freelancer activity.

How soon should I apply for a KITAS renewal before it expires?

It is advisable to begin the renewal process 30 to 60 days before your KITAS expires to allow sufficient time for processing.

Can I hold both a Work Permit KITAS and an Investor KITAS simultaneously?

No, you cannot hold both at the same time. You must choose between the Work Permit KITAS and the Investor KITAS depending on your role in Indonesia, whether it is as an employee or an investor.

What if my company’s investment level drops below the threshold required for an Investor KITAS?

If your investment falls below the required threshold (IDR 1 billion in shares or IDR 10 billion in capital), your Investor KITAS may be revoked, and you could lose your right to stay in Indonesia under that permit. It’s essential to monitor your investment levels to maintain compliance.

Can I study in Indonesia with an Investor KITAS or Work Permit KITAS?

No, these KITAS types are for business or employment purposes only. If you plan to study in Indonesia, you would need to apply for a Student KITAS, which is specifically designed for education.

How does the Multiple Exit Re-entry Permit (MERP) work with a KITAS?

The MERP allows you to leave and re-enter Indonesia while holding a KITAS. Without a MERP, your KITAS would be invalidated upon exit. The permit typically lasts for the duration of your KITAS and must be renewed along with your KITAS if needed.

Can I apply for a KITAS on arrival in Indonesia?

No, you cannot apply for a KITAS upon arrival. The KITAS must be processed before entering Indonesia, and you will need an entry visa related to the KITAS (e.g., VITAS) to convert it into a KITAS upon arrival.

In the event of a Merger or Acquisition (M&A), employees’ rights and contracts must be maintained, or the new employer must negotiate new terms with the affected employees. Severance and compensation payments may be applicable if there are changes to the employment terms or if employees are terminated as a result of the merger.

Overstaying your visa or KITAS can lead to fines of IDR 1 million per day, and if overstaying persists, deportation and potential blacklisting from Indonesia are possible. It’s important to ensure timely renewals and proper visa management.

The duration varies depending on the complexity of the case and whether the parties agree on terms. On average, it can take 6 (six) months, or it will be faster if both parties have agreed on terms.

No, business activities such as attending meetings or negotiations are not allowed on a Tourist Visa. For such activities, you must apply for a Single-Entry Business Visa or a Multiple-Entry Business Visa, depending on your needs.

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