Is It Possible for Foreign Worker as a Director on PT?

Some people asked about foreign workers as a Director on local PT (PT PMDN). 

And the answer is YES!

Even though foreign workers have the opportunity to hold positions of directors in companies, it turns out that not all directorships can be held by foreign workers! As stated in Law Number 13 the Year 2003 concerning Manpower (“Law 13/2003”), positions that are prohibited for foreign workers are only positions related to personnel and certain positions that are further regulated in a Ministerial Decree. In this case, it means that foreign workers are also unable to hold the position of Director of Personnel.

In principle, foreign workers are prohibited from occupying the position of commissioner in a PT whose capital is wholly owned by Indonesian citizens and/or Indonesian legal entities (or commonly known as PT PMDN), as regulated in Article 4A of the Minister of Manpower Regulation No. 35 of 2015 concerning Amendments to the Minister of Manpower Regulation No.16 of 2015 concerning Procedures for the Use of Foreign Workers. Meanwhile, specifically for PT PMA, foreign workers have the right to occupy the position of commissioner.