SSEK Law Firm partner Stephen Igor Warokka and associate Yan Diaz Maulana Siregar discuss the most noteworthy aspects of business immigration law and practice in Indonesia, with a focus on the most consequential recent developments, in the Lexology In-Depth guide to corporate immigration.
In addition to providing an insightful introduction to the immigration framework in Indonesia, they cover key international treaty obligations; residence rights; requirements for employer-sponsored workers; schemes for investors and entrepreneurs; and the outlook for future developments.
Government Regulation No. 40 of 2023 (GR 40/2023), which amends Government Regulation No. 31 of 2013 regarding the Implementing Regulation of the Immigration Law (GR 31/2013), and Minster of Law and Human Rights Regulation No. 22 of 2023 regarding Visa and Stay Permit (MOLHR Reg 22/2023) introduce several changes to the rules in Indonesia for single-entry and multiple-entry visit visas and visit stay permits. Key notable changes are summarized below.
Purpose of visit under single-entry visit visa and multiple-entry visit visa
GR 40/2023 and MOLHR Reg 22/2023 expand the eligible visit purposes under a single-entry visit visa to include five new purposes, namely for medication, after-sales services, machine installation and repair, fulfilment of a court summon, and an internship.
Before the introduction of GR 40/2023 and MOLHR Reg 22/2023, a multiple-entry visit visa could be granted only for purposes related to government duty, pre-investment, business and family. GR 40/2023 and MOLHR Reg 22/2023 expand the eligible visit purposes under a multiple-entry visit visa to cover visits for purposes of government duties, tourism, pre-investment, business, participation in a meeting, purchase of goods, medication, filmmaking, family-related activities, transit and the conduct of an audit, production quality control or inspection of a business branch in Indonesia.
Validity period of multiple-entry visit visa
GR 40/2023 introduced a multiple-entry visit visa which may be valid for 10 years from the date of its issuance. However, to be eligible for a multiple-entry visit visa that is valid for 10 years, a foreigner must have already entered Indonesia using a multiple-entry visa with a validity period of five years within the past three years.
Prior to GR 40/2023 and MOLHR Reg 22/2023, a multiple-entry visit visa was only valid for a maximum of five years from the date of its issuance.
Extension period for visit stay permit of visit visa holders
MOLHR Reg 22/2023 stipulates that visit stay permits can be extended for a maximum period of 60 days per extension as of the expiration date of the visit stay permit, provided that the overall stay permit does not exceed 180 days. The length of single-entry and multiple-entry visit stay permits depends on the intended activities thereunder, as follows:
- pre-investment activities: 180 days per extension as of the expiration date of the visit stay permit provided that the overall stay in Indonesian territory is not more than 12 months; and
- government duties: 60 days per extension as of the expiration date of the visit stay permit provided that the overall stay in Indonesian territory is not more than 12 months.
MOLHR Reg 22/2023 also provides extension periods applicable only for single-entry visit visa holders, as follows:
- internship: 180 days per extension as of the expiration date of the visit stay permit provided that the overall stay in Indonesian territory is not more than 12 months; and
- prospective foreign worker undergoing probationary period: 60 days per extension as of the expiration date of the visit stay permit provided that the overall stay in Indonesian territory is not more than 12 months.
In addition to the above, GR 40/2023 now allows the extension of the validity period of a visit stay permit converted from a visit visa on arrival. The validity period of a visit stay permit converted from a visit visa on arrival is now 30 days from the date of the entry stamp and extendable for a period that would not render the aggregate period of the stay permit to exceed 60 days.
Excerpted from Lexology In-Depth: Corporate Immigration 2024, published by Law Business Research.
Find the Indonesia chapter of Lexology In-Depth: Corporate Immigration 2024 here.
This publication is intended for informational purposes only and does not constitute legal advice. Any reliance on the material contained herein is at the user’s own risk. All SSEK publications are copyrighted and may not be reproduced without the express written consent of SSEK.
