The Indonesian Government has taken a string of measures in an attempt to minimize the spread of COVID-19 in Indonesia. One of those measures has been to enact regulations governing the traffic of individuals entering and leaving the country. These regulations specifically mandate limitations and exceptions for the granting of Entry Permits and Re-entry Permits for foreign nationals wanting to visit or return to Indonesia, and Emergency Stay Permits (Izin Tinggal Dalam Keadaan Terpaksa) for all foreign nationals currently in Indonesia. The most recent regulation, and currently in force, is Minister of Law and Human Rights ("MOLHR") Regulation Number 11 of 2020 on the Temporary Prohibition of Foreigners Entering Indonesia ("MOLHR Reg No. 11/2020").
Please visit the website of the Indonesian Directorate General of Immigration, imigrasi.go.id, or its official Instagram account, @ditjen_imigrasi, to access the relevant information.
Entry Permits and Re-entry Permits
In response to the COVID-19 pandemic, the Indonesian Government has temporarily suspended all foreign nationals from entering or transiting in Indonesia. As provided in Director General of Immigration ("DGI") Circular Letter No. IMI-GR.01.01-2325 Year 2020 ("CL 2325"), this suspension applies to:
i. Individuals entering on Visa-Free Visits and Visa on Arrival Visits (Visa Kunjungan Saat Kedatangan or "VKSK");
ii. Multiple Business Visit Visa (Visa Kunjungan Usaha Beberapa Kali Perjalanan or "VKUBP"), Visitor Visa 211A ("VK 211A"), Visitor Visa 211B ("VK 211B"), APEC Business Travel Card ("ABTC"), Transit Visa and Working Holiday Visa holders;
iii. Diplomatic passport holders who do not have a diplomatic visa or residence permit in Indonesia and are visiting on a Diplomatic Visa Exemption for Short Visit (Bebas Visa Kunjungan Singkat or "BVKS"); and
iv. Service passport holders who do not have a service visa or service stay permit in Indonesia and are visiting on a Service BVKS.
This suspension, however, does not apply to anyone holding either a valid or expired Limited Stay Permit (Izin Tinggal Terbatas or "ITAS") or Permanent Stay Permit (Izin Tinggal Tetap or "ITAP"), a valid Diplomatic or Service Visa issued by an Indonesian Representative, or a valid Diplomatic Stay Permit or Service Stay Permit issued by an Indonesian Representative. Also exempted from the suspension are medical, food and humanitarian aid support workers; crew members for means of transport; and foreign nationals entering Indonesia with a valid Limited Stay Visa (Visa Tinggal Terbatas or "VITAS") issued by an Indonesian Representative for the purpose of working on national strategic projects, e.g. infrastructure or construction.
Note that these exceptions only apply to foreign nationals after satisfying requirements provided under MOLHR Reg No.11/2020 and other requirements, in particular those provided by the Indonesian Ministry of Health.
Emergency Entry Stay Permit
To further elaborate on this matter, the DGI issued Circular Letter No. IMI-GR.01.01-2493 Year 2020 ("CL 2493"). CL 2493 gives foreigners whose ITAS or Entry Permit (for ITAP holders) expired when they were abroad the chance to enter Indonesia on an Entry Emergency Stay Permit (Izin Tinggal Keadaan Terpaksa Masuk or "ITKT Masuk"). The granting of an ITKT Masuk requires the foreigner to present a health certificate or a fit-to-fly certificate, which are subject to protocols issued by the Ministry of Health. They must also be willing to self-quarantine under the monitoring of Indonesian health authorities. Bear in mind that the ITKT Masuk does not serve as an automatic extension of the foreigners' ITAS/ITAP.
CL 2493 also provides for the automatic reactivation of expired Approval/Telex Visas and Visas issued since January 1, 2020, which will be effective for 60 days and 90 days respectively from the day the pandemic is declared over by the authorized institution in Indonesia. Sponsors of foreigners whose Approval/Telex Visa or Visa has been automatically reactivated must, once the foreign national arrives in Indonesia, submit a report to the Directorate General of Manpower Placement Development and Job Opportunity Extension (Direktorat Jenderal Pembinaan Penempatan Tenaga Kerja dan Perluasan Kesempatan Kerja) for expatriate workers or the Investment Coordinating Board (Badan Koordinasi Penanaman Modal or "BKPM") for foreign investors. Note that automatic reactivation only applies for Visas issued by Indonesian Representatives that have administered the Immigration Management Information System (Sistem Informasi Manajemen Keimigrasian).
Along with the requirements provided under MOLHR Reg No.11/2020, there may be additional requirements in practice to obtain new visas/visa extensions.
Extensions of ITAS and ITAP
Once the pandemic is declared over, holders of expired ITAS or ITAP who reside in Indonesia may be granted an extension for their permits. Sponsors of the foreigners will need to re-submit applications for Notification from the Ministry of Manpower for expatriate workers or recommendation from the BKPM for foreign investors. Sponsors must also administer the Re-Entry Permit (Izin Masuk Kembali) ITAP holders at the Immigration Office.
These exceptions and visa requirements are subject to future changes based on the situation with the COVID-19 pandemic. (May 26, 2020)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
