31 March, 2020
On 11 March 2020, the World Health Organization (“WHO”) officially announced that COVID-19 had become a global pandemic. Following this announcement, as with many other countries, Indonesia enacted regulations to govern the traffic of individuals entering and leaving the country. These regulations specifically mandate limitations and exceptions for the granting of Entry Permits for foreign visitors, Emergency Stay Permits (Izin Tinggal Dalam Keadaan Terpaksa), Limited Stay Permits (Izin Tinggal Terbatas or “ITAS”), Permanent Stay Permits (Izin Tinggal Tetap or “ITAP”) and Re-entry Permits for foreign visitors currently in Indonesia and expatriates currently abroad whose Indonesian permits are to expire soon.
Please visit the website of the Indonesian Directorate General of Immigration, imigrasi.go.id, to access the abovementioned regulations as well as the Indonesian Director General of Immigration circular letter and the Indonesian Ministry of Foreign Affairs’ announcement regarding this matter, all of which need to be read collectively to determine the required steps in terms of visas during the COVID-19 pandemic.
Entry Permits
In response to the COVID-19 pandemic, the Government of Indonesia has suspended the granting of Visit Visa Exemptions (Bebas Visa Kunjungan) and Visas on Arrival (Visa Kunjungan saat Kedatangan) to foreign visitors visiting Indonesia from any country. Foreign visitors may still visit Indonesia on a different valid visa issued by an Indonesian representative in their country, after satisfying several requirements provided under Indonesian Minister of Law and Human Rights (“MOLHR”) Regulation Number 8 of 2020 on the Temporary Termination of Visit Visa Exemption and Visa on Arrival and the Granting of Emergency Stay Permits (“MOLHR Reg No. 8/2020”). However, this exception does not apply to foreign visitors who have traveled to certain areas/countries in the last 14 days. These countries include China, South Korea (specifically Daegu City and Gyeongsangbuk-do Province), Iran, Italy, the Vatican, Spain, France, Germany, Switzerland and the United Kingdom.
Emergency Stay Permits
As stipulated in Article 4 of MOLHR Regulation Number 7 of 2020 on the Granting of Visas and Stay Permits in Order to Prevent the Coronavirus Outbreak (“MOLHR Reg No. 7/2020”), an Emergency Stay Permit is applicable to (a) any foreign citizen currently in Indonesia; (b) foreigners who hold a stay permit of another country; or (c) the spouse or child of a citizen of a country other than Indonesia whose visa (any visa) (i) has completely expired and can no longer be extended, and (ii) cannot fly back to their country due to the COVID-19 pandemic. As further affirmed by the Director General of Immigration in Circular Letter No. IMI-GR.01.01-2114 Year 2020, Emergency Stay Permits are applied differently for foreigners who arrived in Indonesia before and after 5 February 2020.
Limited Stay Permits, Permanent Stay Permits and Re-entry Permits
MOLHR Reg No. 7/2020 and MOLHR Reg No. 8/2020 stipulate exceptions and procedures for extending an ITAS/ITAP permit for holders currently in Indonesia and currently abroad. For individuals currently abroad whose visa is to expire soon, a Re-entry Permit may be granted after satisfying certain requirements.
These exceptions and visa requirements are subject to future changes based on the situation with the COVID-19 pandemic. There may be additional requirements to obtain new visas/visa extensions in practice.
Stephen Igor Warokka, Soewito Suhardiman Eddymurthy Kardono
stephenwarokka@ssek.com
