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In brief

Over the past few weeks, the Indonesian Government has been reducing the level of Enforcement of Public Activity Restrictions (PPKM) in various regions within Indonesia. In light of this, and to further support Indonesia’s economic recovery, the Minister of Law and Human Rights (MOLHR) issued Regulation No. 34 of 2021 on Granting of Immigration Visas and Stay Permits during COVID-19 Spread Handling and National Economic Recovery (“Regulation 34“) on 15 September 2021.

Regulation 34, which is effective as of 15 September 2021, revokes MOLHR Regulation No. 27 of 2021 on Restrictions for Foreigners to Enter Indonesian Territory during the Emergency Enforcement of Public Activity Restrictions.


Contents

  1. Key Changes

Key Changes

Criteria For Entering Indonesia

Before the issuance of Regulation 34, even foreigners who already held Visit Visas or Limited Stay Visas (VITAS) were not permitted to enter Indonesia. This has now changed with the issuance of Regulation 34, which allows the following foreigners to enter Indonesia as long as they can fulfill certain health protocols determined by the relevant authorities:

  1. service visa holders
  2. diplomatic visa holders
  3. visit visa holders
  4. VITAS holders
  5. service stay permit holders
  6. diplomatic stay permit holders
  7. limited stay permit (ITAS) holders
  8. permanent stay permit (ITAP) holders
  9. conveyance crews
  10. APEC card holders
  11. traditional border crossers

Foreigners coming from outside Indonesia must carry with them valid negative COVID-19 RT-PCR results and evidence of having completed the full dose of the COVID-19 vaccine. But this requirement does not apply for foreign conveyance crew members entering Indonesia using yachts. In addition, foreigners under the age of 12 are also exempt from the obligation to have evidence of having completed the full dose of the COVID-19 vaccine.

The Indonesian Government can deny foreigners entry to Indonesia if they are coming from countries with a high rate of COVID-19 transmission.

Granting of Visas

The granting of Visa Free Facilities and Visas on Arrival continues to be temporarily suspended until the Indonesian Government declares that the COVID-19 pandemic is over.

A sponsor of a foreigner may apply for a Visit Visa and VITAS to the Director General of Immigration based on the activities to be carried out by the foreigner in Indonesia in line with the applicable laws and regulations. Applications can be submitted electronically along with the following documents:

  • evidence of having completed the full dose of COVID-19 vaccine
  • statement letter of willingness to comply with all applicable health protocols in Indonesia
  • evidence of having health insurance/travel insurance and/or statement letter of willingness to pay independently if affected by COVID-19 while in Indonesia

Granting of New Stay Permits

Stay permit holders who are currently in Indonesia and unable to return to their home country can be granted a new stay permit after obtaining a new Visit Visa or VITAS (as applicable). The foreigners’ sponsors need to submit the relevant application to the Director General of Immigration electronically.

Once issued, the new Visit Visa will serve as a visitor stay permit for the foreigner. If the foreigner is granted a VITAS, the ITAS (which is usually issued upon the foreigner’s arrival in Indonesia) will be issued after the foreigner reports himself/herself to the relevant Local Immigration Office where he/she resides in Indonesia.

Author

Alvira Wahjosoedibjo is an Associate Partner in Baker McKenzie Jakarta office.

Author

Rinaldo Aditya is a Senior Associate in Baker McKenzie Jakarta office.

Author

Yesi Samosir is an Associate in Baker McKenzie, Jakarta office.