Ministry of Immigration and Corrections: New Regulation Strengthens Immigration Oversight
On February 7, 2025, the Minister of Immigration and Corrections issued Regulation No. 2 of 2025 on Immigration Oversight and Administrative Immigration Actions (the “Regulation”). The Regulation takes effect as of March 7, 2025 and replaces the Minister of Law and Human Right No. 4 of 2017 on Immigration Oversight Procedures (the “Previous Regulation”).
The Regulation introduces major improvements in immigration oversight and administrative actions. It is designed to address modern challenges by integrating technological advancements, enhancing institutional collaboration, and reinforcing national sovereignty and public security.
We set out below key highlights of the Regulation.
♦ Definition and Key Terms
The Regulation refines key definitions and expands the scope of operational procedures in immigration management. While the Previous Regulation provided concise definitions primarily focused on the movement of people and basic oversight procedures, the Regulation introduces more detailed descriptions of Indonesian travel documents (Dokumen Perjalanan Republik Indonesia or the “DPRI”), visas, residence permits, and the roles of guarantors. These expanded definitions provide a clearer framework for managing immigration functions while maintaining the fundamental concepts established under the Previous Regulation.
♦ Immigration Oversight Procedures
Unlike the Previous Regulation which provided general guidelines for administrative and field oversight, the Regulation establishes clearer and more detailed procedures. A key addition is the introduction of supporting tools for administrative oversight as specified in Article 4(3) of the Regulation. These include devices for biometric identification, passenger and crew profile information, digital forensics, data analysis, and other tools that enhance the effectiveness of immigration supervision.
♦ Oversight Procedures for Indonesians and Foreign Citizens
The Regulation provides distinctions in the oversight procedures for both Indonesians and foreign citizens. It establishes more structured and accountable processes compared to the Previous Regulation.
For Indonesians, oversight is divided into administrative and field measures. On the administrative side, authorities now follow specific procedures for collecting and verifying data related to the DPRI applications, travel records, the list of individuals subject to travel bans, as well as the collection of photographs and fingerprints. On the other hand, field oversight is conducted when a citizen applies for or uses a DPRI, registers as a dual citizen, crosses Indonesian borders, or acts as a guarantor for foreign nationals.
For the administrative oversight of foreign citizens, it may be carried out by collecting information and data regarding foreign citizens that use immigration services, being or in the process of detention, in the process of criminal procedures, on the list of travel bans, and collection of photographs, and fingerprints. Further, the Regulation stipulates that field oversight is implemented upon the occurrence of specific triggers, including:
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- the submission of a visa application;
- entry into or exit from Indonesian territory;
- the granting of a residence permit; and
- the individual’s presence and engagement in activities while in Indonesia.
Field inspections also include thorough checks of identity and documents, monitoring of activities, and verifying that foreign nationals are doing what they said they would do in Indonesia. Importantly, immigration officials now have clear authority to conduct covert surveillance, enter premises by force if necessary, and use physical restraint to manage security risks.
♦ Establishment of Supervision Team
The Regulation introduces the Foreigners Supervision Team (Tim Pengawasan Orang Asing or the “Team Pora”) as a dedicated supervisory task force. The Team Pora is established at the central, provincial, regency/city, and district levels and comprises representatives from various government agencies including law enforcement, intelligence, public health, and manpower. Its main duties are to ensure unified and coordinated oversight of immigration activities, both through administrative procedures and field operations. This represents a significant improvement in the Government's ability to monitor and respond to immigration issues, a key feature that was not addressed under the Previous Regulation.
♦ Administrative Immigration Actions
The Regulation updates the framework for imposing administrative immigration sanctions. Under its provisions, the applicable sanctions include: (i) placement on prevention or denial lists; (ii) the restriction, modification, or cancellation of stay permits; (iii) a prohibition on remaining in one or more designated areas within Indonesia; (iv) a requirement to reside in a specified location; (v) the imposition of administrative fees; and/or (vi) deportation from Indonesia.
Before any administrative action may be taken against a foreign citizen, the Regulation requires the fulfillment of three conditions. First, the available evidence must be deemed insufficient (meaning there is less than two types of sufficient evidence). Second, there must be reasonable suspicion that the individual intends to remain in Indonesia and may seek to exploit judicial remedies, particularly in cases involving fugitives or individuals fleeing instability in their home country. Third, broader considerations (including political, economic, social, cultural, and security factors) must indicate that an administrative approach would be more effective than pursuing standard criminal prosecution.
In addition, if multiple sanctions are imposed, each must be authorized through a separate administrative decision to ensure detailed and documented accountability. The Regulation also introduces a structured appeals process by granting foreign citizens with a 21-day period to challenge any administrative decision.
AKSET
Please contact Johannes C. Sahetapy-Engel (jsahetapyengel@aksetlaw.com), Thomas P. Wijaya (twijaya@aksetlaw.com), or Rayhan Andana Harits (rharits@aksetlaw.com) for further information.
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