Key takeaways

  • If you are legally married to an Indonesian citizen and hold a Spouse KITAS (E31A) or a mixed-marriage KITAP, Indonesian immigration law allows you to work and/or run a business to support yourself and your family (Article 61, Law No. 6 of 2011).
  • The right comes with procedure: Immigration expects the work activity to be reported through the concurrent activity (rangkap kegiatan) process before you start.
  • If you are employed by a legal entity (PT, PT PMA, foundation, representative office), the employer still needs an approved RPTKA. Informal work outside a legal entity generally does not need one.
  • Dependants of a foreign KITAS holder (for example, the E31B spouse of a foreign worker) are not covered by Article 61.
  • Working means tax and social security duties too: NPWP registration and, for employment, BPJS.

Introduction

Many foreigners married to Indonesians are told that a spouse visa is “residence only”. For mixed-marriage couples, that is not the full picture. Indonesian immigration law gives foreign spouses of Indonesian citizens a specific right to earn a living, and a Spouse KITAS (E31A) is one of the few stay permits where work is built into the law itself. If you are still choosing a family permit, start with our overview of spouse and family KITAS options.

That right is not unconditional, however. How you work, who pays you, and whether you are employed by a company all change what you need to do. This guide explains who can work, which approvals still apply, and how to stay compliant.

What is a Spouse KITAS (E31A)?

A KITAS is the card for a limited stay permit (ITAS). The E31A index is the family visa for the foreign husband or wife of an Indonesian citizen, sponsored by the Indonesian spouse. After the marriage has lasted at least two years, the foreign spouse may apply for a permanent stay permit (KITAP/ITAP) on a mixed-marriage basis, subject to signing an integration statement (Article 60(2), Law No. 6 of 2011).

Do not confuse it with other family permits. The main categories currently published by Immigration are:

Visa index Who it is for Sponsor
E31A Foreign spouse of an Indonesian citizen Indonesian spouse
E31B Spouse joining a foreign ITAS or ITAP holder Foreign permit holder
E31C / E31D Children joining a parent (Indonesian, or foreign parent married to an Indonesian) Parent

Can Spouse KITAS holders work legally?

What Article 61 says

Article 61 of Law No. 6 of 2011 on Immigration states that holders of an ITAS under Article 52 letters e and f (a foreigner legally married to an Indonesian citizen, and the children of that foreigner) and holders of an ITAP under Article 54(1) letters b and d (mixed-marriage family members, and former Indonesian citizens) “may carry out work and/or business to meet their own living needs and/or those of their family.”

This is the legal basis that sets mixed-marriage families apart. The Ministry of Manpower confirms this reading in its own explanation of the rules for mixed-marriage foreigners.

Reporting the activity to Immigration

The Directorate General of Immigration’s published visa conditions state that family permit holders may carry out employment-related activities once they have gone through the stay permit concurrent activity mechanism (rangkap kegiatan Izin Tinggal). Working for wages or compensation from individuals or companies in Indonesia without reporting is prohibited.

In practice, the sequence is:

  1. Confirm whether the activity is employment with a legal entity or informal/self-employed work.
  2. If it is employment, the employer obtains the RPTKA approval.
  3. Report the work activity to Immigration through the concurrent activity process.
  4. Start work only once the activity is recorded.

Check with Immigration or an adviser whether reporting is also expected for self-employed or informal work in your case.

Employed by a company versus working for yourself

The Ministry of Manpower separates two situations:

Employment with a legal entity. If the foreign spouse works for a PT or PT PMA, a foundation, a foreign representative office, a social, religious, educational or cultural institution, or another legal entity permitted to employ foreigners, the employer must obtain an approved RPTKA. The online application is simplified for mixed-marriage foreigners: the marriage certificate is uploaded as an additional document, there is no need to leave Indonesia to switch to a work visa, and the RPTKA period follows the existing stay permit. The Ministry states there is no age limit as long as the role matches the person’s skills.

Informal or self-employed work. If the foreign spouse works in the informal sector, not for a legal entity, the Ministry states that no RPTKA is needed. The Ministry also acknowledges that the categories of informal work have not yet been defined in implementing regulations. Its examples include running a small business, giving private lessons at home, and small shops or stalls. Freelancing, remote work for overseas clients and consulting arrangements are not expressly addressed, so get advice on your specific situation before you start.

Owning or running a company

Article 61 refers to “work and/or business”. A foreign spouse can generally invest in a PT PMA like any foreign investor, subject to the positive investment list and capital rules. Holding a director or commissioner role is a position in a legal entity, so the manpower rules for employment by a legal entity may apply. Check the position and licensing requirements before you take on a formal role in your own company.

Who cannot rely on Article 61?

Dependants of foreign KITAS holders

The spouse or child of a foreign worker, investor or retiree (for example, E31B) holds a dependent permit linked to the principal holder. Article 61 does not apply to them. Official Immigration conditions for E31B indicate that employment is only possible once the activity goes through the concurrent activity mechanism, which in practice means the employer must also complete the full manpower approvals for a foreign worker. Otherwise, the dependant needs their own work-authorised permit. Our family KITAS guide explains how dependant permits are linked to the principal holder.

Couples whose marriage is not legally recognised in Indonesia

The right depends on being “legally married” to an Indonesian citizen. A marriage concluded abroad must be registered in Indonesia, and a marriage in Indonesia must be properly recorded (KUA or civil registry), before it can support a spouse permit.

After divorce or the death of the spouse

A mixed-marriage ITAP can be cancelled if the marriage ends through divorce or a court decision (Article 62(2)(g)). Once the permit basis is gone, so is the Article 61 right. If your circumstances change, get advice promptly on your residence options.

Tax and social security when you work

NPWP and tax residency

Foreigners who stay in Indonesia for more than 183 days in a 12-month period are generally Indonesian tax residents and are taxed on income under the Income Tax Law. If you earn income on a Spouse KITAS, you should register for a tax number and file annual returns.

BPJS

Under the BPJS Law, foreigners who work in Indonesia for at least six months must be registered in the social security programmes. Employers handle registration for employees; self-employed people register themselves.

Risks of working without the right steps

Working outside what your permit allows, or without the required approvals, is a breach of immigration and manpower rules. Consequences can include administrative immigration action such as warnings, fines, cancellation of the stay permit, deportation and entry bans, and sanctions for the employer under manpower rules. A KITAP holder who employs foreigners without permits can also have their permit cancelled (Article 62(2)(d)).

Practical checklist

  • Marriage certificate issued or registered in Indonesia, and translated where needed
  • Valid Spouse KITAS (E31A) or mixed-marriage KITAP sponsored by your Indonesian spouse
  • Permit reported locally: SKTT (police/civil registry) and address up to date
  • Decide the work model: employment with a legal entity, own company, or informal/self-employed
  • If employed: employer prepares and obtains RPTKA via the TKA Online system
  • Concurrent activity (rangkap kegiatan) reported to Immigration before starting work
  • NPWP registration and annual tax filing
  • BPJS enrolment (employer or self-registration)
  • Business licensing (NIB/OSS) checked if you run your own business
  • Calendar reminders for permit extension, so the work basis never lapses

Next steps

The law is on your side if you are married to an Indonesian, but the details of employer approvals, reporting and tax matter. ILA Global Consulting can review your situation, confirm the right route for your work or business, and coordinate the immigration, manpower and tax steps. Book a consultation with our team to plan it properly.

Frequently asked questions

Can I work in Indonesia on a Spouse KITAS (E31A)?

Yes. Article 61 of Law No. 6 of 2011 on Immigration allows a foreigner legally married to an Indonesian citizen and holding an ITAS on that basis to work and/or run a business to support themselves and their family. Immigration still expects the work activity to be reported through the concurrent activity (rangkap kegiatan) process, and formal employment with a company also requires the employer to hold an approved RPTKA.

Do I need an RPTKA if I am married to an Indonesian?

It depends on who you work for. According to the Ministry of Manpower, if you are employed by a legal entity such as a PT, PT PMA, foundation or foreign representative office, the employer must obtain an approved RPTKA. If you work in the informal sector, outside a legal entity, an RPTKA is generally not required.

Can a dependant of a foreign KITAS holder work in Indonesia?

Not on the strength of the family permit alone. Article 61 only covers mixed-marriage families. The spouse of a foreign ITAS or ITAP holder (E31B) can only take employment after the employer completes the manpower approvals and the activity is added through the concurrent activity process, or by obtaining their own work permit.

Do I need to change my Spouse KITAS to a work KITAS?

Usually not. The Ministry of Manpower has explained that mixed-marriage foreigners do not need to leave Indonesia to convert to a work visa. Your Indonesian spouse remains your immigration sponsor, and the work activity is registered against your existing permit.

Do I need an NPWP and BPJS if I work on a Spouse KITAS?

In most cases, yes. A foreigner who lives in Indonesia for more than 183 days in a 12-month period is generally an Indonesian tax resident and should register for a tax number (NPWP, now linked to the NIK for residents). Foreigners who work in Indonesia for at least six months must generally be enrolled in BPJS social security. Your exact obligations depend on how you earn income.

Sources

  1. Law No. 6 of 2011 on Immigration, Arts. 52, 54, 60, 61, 62 (Directorate General of Immigration): https://www.imigrasi.go.id/uu_imigrasi/bab-5
  2. Law No. 6 of 2011, official text (JDIH BPK): https://peraturan.bpk.go.id/Download/28550/UU%206%20Tahun%202011.pdf
  3. Ministry of Manpower (Kemnaker), SENTA, rules for foreign workers in mixed marriages: https://majalahsenta.kemnaker.go.id/artikel/agar-tidak-tumpang-tindih,-ternyata-begini-peraturan-tenaga-kerja-asing-pelaku-perkawinan-campur
  4. GR No. 34 of 2021 on the Use of Foreign Workers (JDIH BPK): https://peraturan.bpk.go.id/Details/161898/pp-no-34-tahun-2021
  5. Directorate General of Immigration, E31B family visa page: https://www.imigrasi.go.id/wna/daftar-visa-indonesia/E31B
  6. Singaraja Immigration Office, family visa conditions incl. E31B rangkap kegiatan wording: https://singaraja.imigrasi.go.id/golden-visa/
  7. Directorate General of Immigration, limited stay permit (ITAS) overview: https://www.imigrasi.go.id/wna/izin-tinggal-keimigrasian/izin-tinggal-terbatas
  8. Official eVisa portal: https://evisa.imigrasi.go.id/web/visa-selection