15 April, 2020
The Government of Indonesia has taken a string of measures 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 abovementioned regulation and other relevant information, 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 and Re-entry Permits
In response to the COVID-19 pandemic, the Government of Indonesia has temporarily suspended all foreign nationals from entering or transiting in Indonesia. As provided in Director General of Immigration Circular Letter No. IMI-GR.01.01-2325 Year 2020 (“DGI Circular Letter”), this suspension applies to:
- Permanent Stay Permit (Izin Tinggal Tetap or “ITAP”) holders whose re-entry permit has expired;
- Limited Stay Permit (Izin Tinggal Terbatas or “ITAS”) and ITAP holders whose stay permit has expired;
- individuals visiting on Visa-Free Visits and Visa on Arrival Visits (Visa Kunjungan Saat Kedatangan or “VKSK”);
- 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;
- 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
- 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 a valid ITAS, valid ITAP, Diplomatic or Service Visa issued by an Indonesian Representative or a 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 if they are travelling from a country that has not been affected by COVID-19 or have not travelled to or transited in a country affected by COVID-19 within the last 14 days; and after satisfying the other requirements provided under MOLHR Reg No.11/2020.
Along with the requirements provided under MOLHR Reg No.11/2020, there may be additional requirements to obtain new visas/visa extensions in practice.
As stipulated in Articles 4 and 5 of MOLHR Reg No. 11/2020, an Emergency Stay Permit is automatically applicable to any foreign national whose stay permit (any stay permit) has completely expired and/or can no longer be extended, without having to submit an application to the immigration office. This overstay will not be subject to a fine and will be completely free of charge.
The DGI Circular Letter, however, clarifies that an Emergency Stay Permit is not applicable to foreigners whose residence permit expired at least 60 days before January 1, 2020. Those individuals whose permit expired at least 60 days before January 1, 2020, but who nevertheless obtain an Emergency Stay Permit may be prevented from entering Indonesia in the future.
Please note that Article 6 of MOLHR Reg. No 11/2020 stipulates that the minister may issue other policies related to immigration facilities for foreign nationals as long as such policies provide general benefits.
These exceptions and visa requirements are subject to future changes based on the situation with the COVID-19 pandemic. (April 14, 2020)
Stephen Igor Warokka, Soewito Suhardiman Eddymurthy Kardono
stephenwarokka@ssek.com
