gilbert de jong

Active Member
Jan 20, 2009
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Panji, Singaraja.
Hi longqi,

I am in the process of setting up a yayasan as we speak. Similar to you I am using only Indonesian members. (Not sure where gilberts quote for Yayasan not having members comes from?) The way I see the set up it is the same as an Incorporated Association in Australia. The entity can run a money making business but it is not a PT Co. As long as the profits don't go to the members all is fine. Turn over under $450k AU is taxed at 12.5percent.

It's my understanding that you do need a Kitas to be involved with the yayasan on the ground in Indo. The yayasan is your sponsor similar to a PT co. sponsoring you.
I am getting my friend to do the Govt submissions but I have been quoted around 25jt and also under 10jt from another source so it does vary by the looks of things. Depending on which ministerial area you are proposing to operate I suppose.

Do you know the requirements for bules to be members of a yayasan? Thinking down the track we'll add some to create accountability.

that quote comes straight out of the law regarding yayasan.
 

Matthew Timor

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Feb 13, 2012
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That is perculiar, I must delve further into this before I proceed any more.
The italised paragraph below is the response I received from an agent regarding my enquiries..
If there are no members I could be wasting my time chasing up KTP's etc
Regards to all

We can advise the Board for a Yayasan consists of 1 Indonesian citizen as the Head/Chairman of the Yayasan, 1 Indonesian citizen as the Secretary of the Yayasan and 1 Indonesian citizen as the Treasurer/Accounts Manager
The Board of the Yayasan is normally appointed by the Founder of the Yayasan and are appointed as the result of a meeting with the members. (Minutes of this meeting must be recorded) The Board is to be re-elected every 5 years or beforehand if required.
A Board member of the Yayasan can not act as the Controller of the Yayasan nor can the Founder be a Board member of the Yayasan.
Therefore in summary you would require a minimum of 5 Indonesian citizens to participate in the Yayasan structure.

If a foreign national participates in any of the roles within the Yayasan structure, a foreign national must procure a KITAS under the Yayasan sponsorship and they would be subject to Peraturan Pemerintah - Government Regulations – related to the activities of the Yayasan and more specifically the area the Yayasan is domiciled. Please understand every region has its own 'local administration" with varying regulations in place.
Please be aware that some areas do not permit foreigners to participate in the set-up of a Yayasan.

The main purpose for the approval of a Yayasan (Foundation) is that it supports Indonesian people and provides aid/education/cultural opportunity to Indonesian people.
 

longqi

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Jun 4, 2010
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Mathew and Gilbert
Mathews message is very similar to what I have been told
Except
I dont want to fill any of the roles within the yayasan
It seems if you want the yayasan to sponsor you a kitas you must fill one of those roles

My notari is still adamant a retirement kitas is best regardless of how many times
I have shown him it is illegal
 

gilbert de jong

Active Member
Jan 20, 2009
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Panji, Singaraja.
members, as in members of a club, think soccerclub/motorclub/...
people who are running a yayasan are not members like as in the above example, but members of the board aka director/secretaris/etcetc..

sorry for the confusion..

a perkumpulan can not sponsor a kitas, because it has not the legal qualification of being a PT..
a yayasan does have the legal qualification to sponsor a kitas..but since a yayasan is all about charity (not), it would amaze me that they would throw 1200 USD and then some away for a foreigner to serve up food or change diapers..
 

longqi

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Jun 4, 2010
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a yayasan does have the legal qualification to sponsor a kitas..but since a yayasan is all about charity (not), it would amaze me that they would throw 1200 USD and then some away for a foreigner to serve up food or change diapers..

That final sentence is exactly what my problem is with this
I dont mind setting up the yayasan to be run exclusively by Indonesians
I dont mind helping train Indonesians to help themselves
But to then waste another $2000 every year and be forced to become an integral part of that yayasan and unable to help other yayasans who need help
just as much, goes far beyond what any charity should rationally expect

As far as the last bit of the sentence goes
There are many things that native Indonesian people can do, including those you mentioned
But there are also many things most Indonesians know very little about
Those other things may easily be worth far more than $2000 per annum to a large yayasan

I have finally just received relevant information
If I put my name on the yayasan paperwork I can be sponsored to a working kitas
If I put my name on the paperwork, cost of setting up the yayasan increases by 66%
I will be able to legally help other yayasans etc as a sub contractor from the original yayasan but not as an individual

So basically I can pay about $5000++ in 'fees' plus $2000 kitas at per annum and help in Indonesia when I want to
or else holiday in Cambodia twice a year and help there for free??

Is it only me who thinks that is a crazy system??
Or am I missing something here??
 

longqi

Member
Jun 4, 2010
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I was sent a message today

""Just pay something to the organisation and you are not a volunteer
No matter what amount you paid you are actually then a customer and not an unpaid volunteer""

It sounds too easy??
Perfect result otherwise
Or once again am I missing something??
 

Matthew Timor

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It probably is as easy as that longqi.

Hopefully by the end of the week I will have a more black and white resolve to post. In the meantime I think it will be the same shade of grey that the structure of it all is at the moment.

Regarding members Gilbert, I thought you meant board or committee members.
 

longqi

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Jun 4, 2010
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Hopefully some expert will appear and either confirm or destroy this

I had more of a discussion with the message bearer
How it was fully explained is still very simple

If I wish to volunteer at a yayasan etc that needs eg. biofiltration systems
I give the yayasan money each day to pay for the privilege of designing it and supervising the installation

Because I paid them, I am not a volunteer, but actually a commercial customer of the yayasan who purchased something from them

If it is correct then it makes volunteering at different yayasans achievable

Only other way to do that now, with full legality, is have one yayasan sponsor your kitas
then that yayasan sub contracts you to another yayasan
 

gilbert de jong

Active Member
Jan 20, 2009
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Panji, Singaraja.
Hopefully some expert will appear and either confirm or destroy this

I had more of a discussion with the message bearer
How it was fully explained is still very simple

If I wish to volunteer at a yayasan etc that needs eg. biofiltration systems
I give the yayasan money each day to pay for the privilege of designing it and supervising the installation

Because I paid them, I am not a volunteer, but actually a commercial customer of the yayasan who purchased something from them

If it is correct then it makes volunteering at different yayasans achievable

and you would need to have a business visa for the above example.
 

ronb

Well-Known Member
Aug 14, 2007
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Ubud, Bali
It sounds totally sus to me.

It depends on changing your status as seen by the Yayasan from being a volunteer to being a customer.

But the issue is the "no work" condition of your visa. No reference to volunteers or the like.

So you paid them money - that's nice. But then you have worked for them - nothing has changed.
 

longqi

Member
Jun 4, 2010
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Thank you both for the replies

I think I may just put helping out into the "too hard basket" in Indonesia
 

kemarayana

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Feb 26, 2013
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I have had a lot of questions answered in another forum

Those answers have let me decide that it is definitely worth trying

Only problem I have now is finding out how much the government department permit should be

Department is BKSDA
My Bahasa is poor
But even so the permit price of 25jt/50jt seems both excessive and surely should be fixed

Particularly as this will be owned/directed by Indonesians

Any thoughts or ideas on who to ring next??

I dont have many experience with social work but i think i know someone who does
Their focus are on someone who had visual impairment . maybe meeting them can give you a better perspective about running an NGO in Bali
I dont remember what their NGO are called but i know where their headquarter is
there is one piece of memory of my childhood when i pay them a visit
maybe instead of starting something new . would you interested to talk with them ?
 
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justinbali

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Feb 17, 2013
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Like anything in Indonesia there is the official price for things like this and a more expensive but negotiable price to get the permit done sometime in your lifetime. There are "biro jasa" consultants who can help get permits. You often see their signs around and the kind of documents they help people get. Some government departments have websites and you could run it through Google translate.

Haha ! Google translate is totally unreliable.
 

patbatch

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Sep 11, 2011
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I have been reading with much interest, is there more to add to the story of the Yayasan? Volunteering, roles and responsibilities. If i find more details to add i will certainly post..
 

longqi

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Jun 4, 2010
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I have been reading with much interest, is there more to add to the story of the Yayasan? Volunteering, roles and responsibilities. If i find more details to add i will certainly post..

For a bule to create a yayasan the twists and turns make it impracticable in most instances
Costs explode and the conditions I would deem as unacceptable if you are actually an unpaid volunteer
If you only using it to get an income/housing from 'charity' work that would be a different matter?

Only legal way of being an unpaid volunteer is to have a full working kitas
But that kitas will only let you help legally at one yayasan
Anything you do involving anything else would be illegal

Very hard subject to get definitive replies about
Indonesia needs volunteers pretty desperately
As far as I can find there has never been a prosecution of an unpaid volunteer regardless of the type of visa
But there have been prosecutions of people using yayasans wrongly and deriving personal profit from them
..
.
 

ferdie

Member
Apr 4, 2013
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Near Ubud
Just started to read this thread and already got myself confused about the necessity of the working visa, so you can't volunteer unpaid if you are using tourist or sosbud or retirement?
But longqi just stated : As far as I can find there has never been a prosecution of an unpaid volunteer regardless of the type of visa
But there have been prosecutions of people using yayasans wrongly and deriving personal profit from them


So until you got caught accepting payment for the work or making profits for yourself, there won't be any problem right?
I met few retired expat here doing volunteer work for the locals and they never have any problems?
 

longqi

Member
Jun 4, 2010
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Just started to read this thread and already got myself confused about the necessity of the working visa, so you can't volunteer unpaid if you are using tourist or sosbud or retirement?
But longqi just stated : As far as I can find there has never been a prosecution of an unpaid volunteer regardless of the type of visa
But there have been prosecutions of people using yayasans wrongly and deriving personal profit from them


So until you got caught accepting payment for the work or making profits for yourself, there won't be any problem right?
I met few retired expat here doing volunteer work for the locals and they never have any problems?

In normal practice there has not been any problems up until now with unpaid volunteers
But the legal side says a full working kitas is required and that is absolute fact
Volunteers actually risk a maximum sentence of 5years jail plus 50jt fine plus permanent deportation if convicted

Most NGOs I contacted had no idea about visa requirements
One or two mentioned retirement kitas or Sosbud
But none ever mentioned working kitas and most believed a visa on arrival was enough