1MEMORANDUM OF COOPERATIONONTHE TECHNICAL INTERN TRAINING PROGRAM
BETWEEN
THE GOVERNMENT OF JAPANANDTHE GOVERNMENT OF THE REPUBLIC OF INDONESIA
The Government of Japan (hereinafter referred to as "the GoJ") and the Government of
the Republic of Indonesia (hereinafter referred to as "the GoI"), hereinafter collectively
referred to as "the Governments";
Shared the view that the purpose of the Technical Intern Training Program is to transfer
technical skills, techniques and knowledge (hereinafter referred to as "technical skills,
etc.") from Japan to the Republic of Indonesia, to contribute to the human resource
development by which the development of the economy of the Republic of Indonesia
would be led and thus to promote bilateral cooperation between Japan and the Republic
of Indonesia;
Based on this view, the Governments have decided as follows in order to adequately
advance the Technical Intern Training Program:
I. Definitions
1. The term "Technical Intern Training" refers to individual-enterprise-type technical
intern training and supervising-organization-type technical intern training.
2. The term "individual-enterprise-type technical intern training" refers to a training
where an Indonesian national with a status of residence of "Technical Intern
Training" who is an employee of an Indonesia-based establishment of a Japanese
public or private organization or an Indonesian public or private organization that
has a close relationship with a Japanese public or private organization engages in
activities relating to technical skills, etc. under an employment contract with such a
Japanese public or private organization.
3. The term "supervising-organization-type technical intern training" refers to a
training where an Indonesian national with a status of residence of "Technical
Intern Training" engages in both of the following activities:
a. To attend necessary lectures for the purpose of acquiring technical skills, etc.2accepted by a Japanese nonprofit juridical person; and
b. Based on an employment contract with a Japanese public or private
organization whose training is supervised by the juridical person, to engage in
work which requires the skills at a place of business of the public or private
organization in Japan.
4. The term "Technical Intern Training Plan" refers to a plan relating to
implementation of the Technical Intern Training for each technical intern trainee
pursuant to the prevailing laws and regulations of the GoJ.
5. The term "Technical Intern Trainee" refers to an Indonesian national who engages
in Technical Intern Training.
6. The term "Sending Organization" refers to an Indonesian licensed vocational
training institution, a registered company, or a government agency authorized by
the GoI to send Technical Intern Trainees to Japan.
7. The term "Approving Standards" refers to the set of standards as described in
Attachment 1 that a Sending Organization must meet in order to be approved by the
GoI as appropriate to send Technical Intern Trainees to Japan. Approving Standards
forms an integral part of this Memorandum of Cooperation (hereinafter referred to
as "Memorandum").
8. The term "Approved Sending Organization" refers to a Sending Organization
which has met Approving Standards and been approved by the GoI to send
Technical Intern Trainees to Japan.
9. The term "Supervising Organization" refers to a Japanese nonprofit juridical person
that engages in the business of supervision of training based on a license to
supervise pursuant to the prevailing laws and regulations of the GoJ.
II. Purpose
The purpose of this cooperation is to transfer technical skills, etc. from Japan to the
Republic of Indonesia appropriately and smoothly through the Technical Intern Training
Program by setting out the responsibilities of the Governments to send and accept
Technical Intern Trainees and thus to promote bilateral cooperation.
III. Contact Points
The Governments will designate respectively the following contact points related for
communications and coordination purposes in order to effectively implement the
activities under this Memorandum:
1. For Japan:
The International Affairs Department of the Organization for Technical Intern
Training (hereinafter referred to as "OTIT") which is a juridical person approved its3establishment by the Ministry of Justice and the Ministry of Health, Labour and
Welfare.
2. For the Republic of Indonesia:
The Directorate of Apprenticeship Development, Directorate General of Training
and Productivity Development, the Ministry of Manpower (hereinafter referred to as
"MoM").
IV. Implementation
1. The implementation of this Memorandum will be conducted within the scope of the
applicable laws and regulations in each country.
2. For the implementation of this Memorandum, the competent authorities of Japan are
the Ministry of Justice, the Ministry of Foreign Affairs, and the Ministry of Health,
Labour and Welfare, and the competent authority of Indonesia is MoM.
3. The Governments will establish a regular communication and coordination
involving relevant bodies in Japan including OTIT and the Indonesian diplomatic
missions in Japan concerning implementation of the Technical Intern Training.
V. Information Sharing and Consultation
1. The Governments will hold a periodic meeting and share information regarding
cooperation on the Technical Intern Training Program under this Memorandum, and
will consult from time to time through diplomatic channels, as necessary.
2. Either of the Governments will not disclose confidential information obtained from
the other Government through cooperation and exchange of information within the
framework of this Memorandum without the written consent from the other
Government.
VI. Responsibilities of the GoJ
After the commencement of cooperation under this Memorandum, the GoJ, will be
responsible for:
1. Publishing the list of Approved Sending Organization upon receipt of such
information from the GoI;
2. Accepting only Technical Intern Trainees who fulfill the requirements stipulated in
the Ordinance for Enforcement of the Act and are sent by Approved Sending
Organizations under accredited Technical Intern Training Plans;
3. Acknowledging the list of Approved Sending Organization provided by the GoI as a
substitution to the letter of recommendation for the Sending Organization provided
by the GoI;44. Providing the updated number of Technical Intern Trainees during the regular
coordination pursuant to prevailing laws and regulations of the GoJ;
5. Publishing the information on the revocation of an approval of Approved Sending
Organizations in Japan upon receipt of such information from the GoI;
6. Providing the GoI a full list of Supervising Organizations and to make it publicly
available in Japan;
7. Sharing the results with the GoI, when carrying out any administrative measures,
such as revocation of license and issuance of order for suspension or improvement,
taken against a Supervising Organization;
8. Providing necessary information when the GoJ receives inquiries from the GoI
pertaining to the issues such as the status of implementation of the Technical Intern
Training Program, any revisions of the program, or any additions of the occupations
covered by the program; and
9. Cooperating with the GoI in regards to the protection towards Technical Intern
Trainees in Japan.
VII. Responsibilities of the GoI
After the commencement of cooperation under this Memorandum, the GoI will be
responsible for:
1. Issuing and publishing a recommendation which consists of list of Approved
Sending Organizations. Such publication may not be made by any public authorities
other than MoM;
2. Issuing the list of Technical Intern Trainee to be sent to Japan and providing it to theGoJ;3. Examining and ensuring Sending Organizations meet the Approving Standards
before approvals can be granted to a Sending Organization;
4. Publishing the names and other information of Approved Sending Organizations;
5. Providing the GoJ with the information on the list of Approved Sending
Organization in the form specified in Attachment 2 which forms as an integral part
of this Memorandum;
6. Taking appropriate measures, such as conducting investigation and providing
necessary guidance and supervision, and sharing the results with the GoJ, when an
Approved Sending Organization seems to have exercised activities inconsistent with
the Approving Standards or other improper activities;
7. Providing guidance to Approved Sending Organizations in order to select and send
Technical Intern Trainees in an appropriate manner;
8. Revoking an approval when an Approved Sending Organization no longer meets the
Approving Standards, and notifying such revocation to the GoJ;59. Cooperating on follow-up surveys conducted by the GoJ concerning the utilization
of acquired technical skills, etc. after the Technical Intern Trainees return to the
Republic of Indonesia, by, in particular, providing guidance to Approved Sending
Organizations in order to obtain accurate feedbacks as many as possible from those
former Technical Intern Trainees; and
10. Providing the GoJ with information required, pertaining to guidance and supervision
records of the Approved Sending Organizations, records related to approval of
Sending Organizations, matters related to the types of training categories in demand
for technical transfer in the Republic of Indonesia and so forth.
VIII. Settlement of Issues
The Governments will consult each other with respect to the implementation of
activities under this Memorandum or issues arising in relation to the implementation,
and will settle such issues amicably and in close cooperation.
IX. Commencement, Modification, Duration, and Termination
1. This Memorandum will commence on the date its signature. The duration of this
Memorandum is for a period of five years and may be extended by mutual written
consent for another five years period.
2. In case either Government wishes to modify the cooperation based on this
Memorandum after its commencement, such Government will express its desire by
written notice.
3. Either Government may terminate this Memorandum at any time by giving a written
notification to the other Government no later than ninety days before the desired
termination date.
In Witness Whereof, the undersigned, being duly authorized thereto by the respective
Governments, have signed this Memorandum.
Signed in duplicate on this 25th
day of June 2019 at Jakarta, each in English, Japanese
and Bahasa Indonesia, all texts being original. In case of any divergence of the
interpretation of this Memorandum, the English text will prevail.6For the Government of Japan For the Government of the Republic of
Indonesia
Masafumi Ishii Muhammad Hanif Dhakiri
Ambassador Extraordinary and
Plenipotentiary
Minister of Manpower7Attachment 1
Approving Standards for Sending Organizations
1. A Sending Organization must meet all of the following standards:
(1) To appropriately select and send to Japan only those who are motivated to engage in
Technical Intern Training with the understanding of the objectives of the Technical
Intern Training Program and to contribute to the economic development of the
Republic of Indonesia by making use of the achievement through the Technical
Intern Training after returning to the Republic of Indonesia.
(2) To clearly specify the calculating criteria of commissions and any other fees to be
collected from Technical Intern Trainee candidates and make the criteria publicly
available, and to explain the details of such commissions and other fees to
candidates in order to obtain their understanding sufficiently.
(3) Not to collect any fees other than those whose criteria is specified in accordance
with paragraph (2) from Technical Intern Trainees before and after departure from
the Republic of Indonesia.
(4) To provide the Technical Intern Trainees who returned to the Republic of Indonesia
after completing the Technical Intern Training with necessary support, such as
finding occupations in order for them to appropriately utilize the acquired technical
skills, etc.
(5) To respond the requests from the Minister of Justice of Japan, the Minister of Health,
Labour and Welfare of Japan or the Organizations for the Technical Intern Training
with respect to the appropriate implementation of Technical Intern Training Program
as well as the protection of Technical Intern Trainees, including cooperation on
follow-up surveys on the Technical Intern Trainees who returned to the Republic of
Indonesia after completing the Technical Intern Training.
(6) As for Sending Organization and its board members, if they had been sentenced to
imprisonment, or imposed an administrative sanction for juridical person, or more
severe penalty in Japan or in the Republic of Indonesia, at least five years have
elapsed after the penalty had been completed or the penalty has been exempted from
the execution.8(7) To carry out all activities in accordance with the laws and regulations of the
Republic of Indonesia.
(8) As for Sending Organization and its board members, to have never conducted any of
the following acts within the preceding five years:
(a) Managing money or other properties of Technical Intern Trainees and/ or
Technical Intern Trainee candidates, their relatives or other persons
concerned, regardless of any reasons such as collecting deposits or any
other purposes in connection with Technical Intern Training;
(b) Concluding any contracts that impose monetary penalties or that expect
undue transfer of money or other properties, for the violation of the
contracts in relation to Technical Intern Training;
(c) Human rights violations against trainees and candidates such as assaults,
intimidations, and restrictions of freedom; and
(d) To use or provide forged, altered or false documents, pictures or drawings
with the intention of obtaining permissions fraudulently with regards to the
procedures of the Technical Intern Training Program as well as the
immigration program in Japan.
(9) To confirm that trainees and candidates, their relatives or other persons concerned
have never been involved in the acts set out in (a) and (b) of paragraph (8), in
coordinating applications for Technical Intern Training to Japanese Supervising
Organizations.
(10) Acknowledging the importance of addressing disappearance of Technical Intern
Trainees, to cooperate with Japanese Supervising Organizations and to make efforts
in order to prevent Technical Intern Trainees from disappearing.
(11) To have other necessary capacities to appropriately coordinate applications for
Technical Intern Training to Japanese Supervising Organizations.
2. In terms of approving Sending Organization in the Republic of Indonesia, the GoI
will commence the procedure from the 1st
day of July in 2019 and provide a full list
of Approved Sending Organizations for the GoJ by the 1st
day of January in 2020.
The GoJ will accept only those trainees who are sent by Indonesian Approved
Sending Organizations on the list from the 1st
day of May in 2020.9Attachment 2