Indonesian immigration law

This is a guide to Indonesian immigration law. This is offered without any warranty, guarantee as to accuracy, and is provided purely for my information. So please do your own research and verify.

The primary basis for immigration law is UU (Undang-Undang, or Statute) 6 2011, ‘the immigration law’. Here is the original Indonesian (it is best to refer to it, and try and understand it when checking specific provisions), and official English translation. The clarification of clauses are bundled with the Indonesian document, but separately (also official) in English.

UU 6/2011 has been modified once, in the Omnibus (job creation law), UU 11/2020. The modifications were —

• replace ‘lanjut usia’ (pension) ITAS/ITAP with ‘rumah kedua’ (second home) — Article 39 & 54;
• allow visa to be electronic (1.18 & 40.2)
• add ‘prainvestasi’ (preinvestment) to list of reasons to issue a visit visa (38)
• allow for ITAS to be completed directly at immigration checkpoint for official/diplomatic visitors with no further steps (46.4)
• Require PMA (foreign investor) ITAS to pay a refundable security deposit, instead of having a sponsor (penjamin). Also allows Indonesia to remove the general requirement for sponsors, on a reciprocal basis with countries that don’t require them for Indonesian visitors.

The immigration law is further regulated in Peraturan Pemerintah, 31/2013 (Government Regulation Implementing Immigration Law 6/2011), which has been modified three times in 26/2016, 51/2020 and 48/2021. The fully modified version of PP 31/2013 with changes noted is here (in Indonesian).

The main ministerial regulations are:

• Regulation of Ministry of Law and Human Rights (Permenkumham) 27/2014 on Technical Procedures for Granting, Extending, Refusal, Cancellation and Expiration of Visit Stay Permits, Limited Stay Permits (ITAS), and Permanent Stay Permits (ITAP) as well as Exemptions from the Obligation to Have a Stay Permit, as modified by Regulation 21/2018 (a minor revision to add one option to the list of five reasons for ‘emergency stay permit’ — that is ‘for government interests’). Indonesian version of the original text.
• Permenkumham 43/2015 on Technical Procedures for the Conversion of Visit Stay Permit into Limited Stay Permit (ITAS) and from Limited Stay Permit (ITAS) to Permanent Stay Permit (ITAP). Indonesian version.
• Permenkumham 24/2016 on Technical Procedure for Applying for and Granting Visit Visas and Limited Stay Visas (VITAS), as modified by Regulation 51/2016. Revised version here in Indonesian.
• Permenkumham 41/2016 on Procedures for Application and Approval of VITAS and Registration of ITAS electronically, and the Granting of ITAS Electronically. Indonesian version.

Other regulations include:

• Permenkumham 26/2020 on Visas and Stay Permits in the New Normal (Covid-19). Link
• Petunjuk Pelaksanaan Direktur Jenderal Imigrasi (Immigration Director General Implementation Guidelines) IMI-GR.01.13–3849 2015 on changes of civil status, nationality, employment, guarantor/sponsor, or address, of a foreigner
• Peraturan Presiden (Presidential Regulation) 21/2016 on Visa Waiver (which revoked 2015 and earlier regulations) — link, and Permenkumham 17/2016 on immigration checkpoints valid for Visa Waiver. link
• Permenkumham M.HH-01.GR.01.06 2010, as modified by Regulation M.HH-03.GR.01.06 2010, M.HH-04.GR.01.06 2010, M.HH-01.GR.01.06 2011, 19/2012, 26/2013, 3/2015, 12/2015, 21/2015, 39/2015 on (paid) Visa on Arrival. (Changes determine the airports/seaports (41) and countries (69) valid)
• Permenkumham 16/2018 on Procedures for Visa and Stay Permit issue for Tenaga Kerja Asing (foreign manpower)
• Various regulations relating to work permit subjects, and foreign investors

Visit visas

Visit visa (visa kunjungan) can be divided into three main types:

1. visa kunjungan saat kedatangaan (visa on arrival, which carries a 500,000rp fee)
2. visa kunjungan satu kali perjalanan (single entry visa, which carries a $50 fee) (code B211)
3. visa kunjungan beberapa kali perjalanan (multiple entry visa, which carries a $110 per year (can be issued for up to 5 years) fee) (code D212)

There is no such thing as ‘tourist visa’ or ‘social visa’. However when you apply for a visa in advance, you should state your reason for entry. Valid reasons for a visit visa include tourism, social, business, and other purposes.

The single-entry visit visa is split into three categories:

1. B211A — for purposes of tourism, pre-investment, family, social, cultural/art, government tasks, non-commercial sport, short study/training, business talks, buying goods, attend seminar or give talk, attend international exposition, attend meeting at office in Indonesia, transit, join a vessel/plane in Indonesia (as crew)
2. B211B — adds to B211A ‘consultation and training in technical industry innovation to improve Indonesian industrial product quality and marketing’, audit/quality control/inspection of an Indonesian office, probationary candidates of foreign workers
3. B211C adds to B211B the purpose of journalism/film making. Journalism is therefore illegal for foreigners who did not specifically apply for this visa type.

It is sometimes claimed that it is not permitted to work in Indonesia with a visit visa (often erroneously referred to as a ‘tourist/social visa’). This is not exactly the case in that some of these activities clearly fit into category of work, in that someone attending a business meeting is most likely being paid albeit by a foreign country, however they are specific and limited cases, and not intended for permanent stays in Indonesia, and do not introduce a general right to work/be a digital nomad, or whatever. Specifically the law describes these visas as ‘tidak dalam rangka bekerja’ (‘not in the context of work’). This appears to refer to the context of work permits (an employer requires a permit to employ a foreigner).

UU 6/2011 creates a criminal offence in Article 122 of ‘misuse of visa’. For example, if you have a B211A visa, then you cannot perform activities in B211B — that would be clear ‘misuse of visa’. There is a general right to deport foreigners in Article 75 of UU 6/2011 for breaking the law OR causing public unrest/disturbance.

The multiple entry visa is similar to the single entry visa B211A, however tourism is not a valid reason to issue it. For example a person who works in Singapore but frequently has business visits to Indonesia can get a multiple entry visa D212.

Visa sponsors

Visas in Indonesia require a penjamin (‘guarantor’). The exceptions to this are:

• foreign investors must (since 2021/pending regulations) pay a refundable (at the end of their stay) security deposit
• visits for ‘tourist’ purpose do not require one
• certain countries may in future be exempted from this, on a reciprocal basis
• family members (spouse/children) of Indonesian do not require a guarantor. Instead the Indonesian family member is deemed ‘pendukung’ (supporter).
• Second-home visa and pre-investment visa applicants may opt not to have a guarantor, but in this case they must pay a security deposit as with foreign investors

The role of guarantor has been limited as of 2021, in that the foreigner may apply for extensions in person, not only by the guarantor. The guarantor has responsibility for deportation/overstay costs if the foreigner does not pay them.

As of 2021 it appears that single-entry visit visas can no longer be extended.

Visa waiver

This is often incorrectly referred to as ‘visa on arrival’. It is not. The Indonesian term is Bebas Visa Kunjungan, or BVK. This means entry without visa (waiver) for 169 countries. Visa waiver is not available for journalistic visits. The period is 30 days, non-extendable. Visa waiver has been suspended since 2020 because of covid-19.

Stay permit (izin tinggal)

Every foreigner in Indonesia will have an izin tinggal (stay permit). For short-term visitors cases this is the stamp in their passport. The izin tinggal is the right to stay. The visa is the right to enter. Most visas are single entry and are therefore used up when the foreigner enters, at which time they acquire their izin tinggal.

Types of izin tinggal:

• izin tinggal keadaan terpaksa (emergency stay permit) — many were issued during the first months of Covid. This is a means for those who have for example a medical emergency to legally stay in Indonesia without visiting immigration
• izin tinggal kunjungan (visit stay permit) — not in ‘work framework’ (i.e. not for people who are the subject of work permits) — applies to people with visit visas, and with visa waiver
• izin tinggal terbatas (ITAS). Often erroneously called ‘KITAS’. The ‘kartu’ (card) no longer exists. The ITAS is usually now just an electronic PDF file. ITAS is usually issued for 1 year, but can be issued for 2 or 5 years depending on the type.
• izin tinggal tetap (ITAP). A card (KITAP) is issued in this case. ITAP is issued for 5 years or for life. However there may still be reporting requirements.

ITAS and ITAP

An ITAS or ITAP holder has the status of Indonesian resident, including for tax purposes. (Tax residence is also required after 183 days in Indonesia in a year.) Certain privileges are not available to non-residents (that is those who entered on visit visas), such as a legal right to lease land or own a motor vehicle.

ITAS and ITAP are issued either for work purposes or not for work purposes. As before ‘work’ here seems to refer to ‘work permit’. Reasons to issue ITAS:

• former Indonesian citizen
• spouse of an Indonesian citizen — has a special right to work, listed in Article 61 of UU 6/2011. Note that the ITAS is ‘not for work purposes’, so this has been variously interpreted, but it seems that you cannot be employed by a company in a normal office job without a work permit, but you can run a business, possibly using your spouse as a front (though this doesn’t actually appear in the law)
• foreign child of an Indonesian citizen
• child of an ITAS holder
• ‘second home’ (replaced ‘pension’ in 2021, regulations still pending)
• foreign investor (must invest in a special PT PMA, which is the only legal way for a foreigner to invest in Indonesia (though an Indonesian spouse can do so)). A foreign investor is not ‘for work purposes’. However they have a right to perform the task of ‘director’ or ‘commissioner’, which is not classed as ‘worker’ but a separate legal status. This may be a grey area in that in other countries a director could do every job in a company. In Indonesia anything that’s not defined as a legal duty of a director (e.g., accounting, management, etc.) could be deemed ‘misuse of an immigration permit’ — grey area
• as the subject of a work permit
• offshore workers (on ships, oil rigs, etc.)

An ITAP is converted from an ITAS after a certain period of time. The regulations for this vary by ITAS type. For example it is possible directly for a foreign spouse, for a second home ITAS only after 10 years, and for the subject of a work permit only for those doing certain jobs.

An ITAP holder must acquire an KTP (identity card), a relatively simple administrative process, and be listed on a KK (Kartu Keluarga- family card). An ITAS holder cannot have one. The KTP is slightly different from that issued to Indonesian citizens in that the holder’s nationality is also shown.

There are various ways to require an ITAS, which include changing status from visit stay permit, and via VITAS, which is a special visa where the requirements for the ITAS are checked in advance. Usually the VITAS holder gets one month ITAS on arrival, after which they must attend immigration to arrange the full term. However for work permit ITAS, they may get the full length ITAS on arrival without further bureaucracy (as of 2020).

Multiple Entry permit (Izin Masuk Kembali / MERP)

As mentioned most visas in Indonesia are single entry, and that includes VITAS. The ITAS/ITAP acquired after entry is a right to stay, not a right to enter. The right to enter is by a visa for foreign visitors and a MERP (‘izin masuk’ — entry permit) for residents.

The MERP is available for 6 months, 1 or 2 years, up to the validity of the ITAS/ITAP. A 1 year ITAS will be sold with a 1 year MERP, but a 5 year ITAP will typically just get 2 years MERP, after which you have the choice to renew or not.

If you do not have a MERP then when you leave Indonesia for any reason your ITAS/ITAP will expire and become worthless, so it is a good idea to have one. Validity is from the date of application.