New Regulation on Entry Restrictions for Foreigners During ‘New Normal’

In consideration of the continuous Covid-19 outbreak but with the need to recover the national economy, the Minister of Law and Human Rights (the “Minister”) enacted the Minister Regulation No. 26 of 2020 dated October 1, 2020 on Visas and Stay Permits During New Habits Adaptation or as commonly referred to as the “New Normal” (“Regulation 26”). The government viewed that the previous foreigners entry restrictions were no longer relevant nor needed in order to conform with the New Normal conditions.

The restrictions thereof were previously set out under the Minister Regulation No. 11 of 2020 dated March 31, 2020 on Temporary Restriction for Foreigners in Entering the Territory of the Republic of Indonesia (“Regulation 11”).  Regulation 26 revokes Regulation 11 effective as of October 1, 2020.

A summary of the salient provisions of Regulation 26 is set out below.

  • Comparison of Foreign Entry Restrictions

We set out below the comparison of foreigner entry restrictions under Regulation 26 and Regulation 11.

Regulation 11 Regulation 26
Only foreigners who meet the following specific criteria that are allowed to enter Indonesia:

·        A holder of a Limited Stay Permit (Izin Tinggal Terbatas) and a Permanent Stay Permit (Izin Tinggal Tetap);

·        A holder of a Diplomatic Visa and an Official Visa;

·        A holder of Diplomatic Stay Permit (Izin Tinggal Diplomatik) and an Official Stay Permit (Izin Tinggal Dinas);

·        A humanitarian aid worker;

·        A flight, sea, or land transportation crew member; or

·        An employee in a national strategy project.

Foreigners who meet the following criteria are allowed to enter Indonesia:

·        Official Visa and/or Official Stay Permit holders;

·        Diplomatic Visa and/or Diplomatic Stay Permit holders;

·        Travel Visa holders (which includes humanitarian aid workers);

·        Limited Stay Visa and/or Limited Stay Permit holders;

·        Permanent Stay Permit holders;

·        Transportation crew members;

·        Asia-Pacific Economic Cooperation (APEC) Businessmen Travel Card holders; and

·        Border crossers.

In addition the foregoing criteria, Regulation 26 stipulates that an eligible foreigner must enter through certain Immigration Examination Places. The Immigration Examination Places have been determined respectively in certain locations of (i) sea ports, (ii) airports, (iii) international borders posts, and (iv) traditional borders posts under the Minister Decree No. M.HH-01.GR.03.01 TAHUN 2020 dated October 15, 2020 on Certain Immigration Examination Place as the Entering Places During New Habits Adaptation. These entry places include: the Belawan Sea Port, the Soekarno-Hatta Airport, and the Aruk International Border Cross.

  • Visa and Permit Applications Procedures

Please see below the application procedures in order to apply for Travel Visas and Limited Stay Visas:

  1. The application shall be submitted by a Guarantor (i.e., an Indonesian individual or company) of the relevant foreign applicant to Director General of Immigration.
  2. The application must be submitted along with the following requirements:
  • a health certificate consisting of Covid-19 free statement in English, issued by an authorized institution;
  • a statement letter in English indicating the willingness to be in a self-funded quarantine or health facility in case the PCR test conducted in Indonesia is positive;
  • a statement letter indicating the willingness to be medically supervised during the quarantine; and
  • evidence of health insurance or travel insurance possession which covers health payment and/or statement letter indicating the willingness to self-fund any treatment if contracted with Covid-19 while in Indonesia.
  1. The Guarantor of the relevant Travel Visa applicant must provide evidence of possession of US$10,000 (ten thousand US Dollars) in cash or an equal amount in other currency, issued by a financial institution or bank in Indonesia (excluding foreigners who work as a humanitarian aid and transportation crew member).
  • Validity Extension Requirements for Existing Permits

We set out below brief explanation on the validity extension requirements for foreigners who have obtained certain permits:

  1. A Travel Stay Permit (which refers to (i) visas on arrival, (ii) one trip travel visas, (iii) multiple trips travel visas, and (iv) APEC Businessman Cards) holder who has been granted with an Emergency Stay Permit and who remains in Indonesia may submit an application to the Immigration Office for a validity extension period of maximum 30 (thirty) days. Alternatively, the application may be made for a conversion to Temporary Stay Permit.
  2. A Temporary Stay Permit or Permanent Stay Permit holder who has been granted with an Emergency Stay Permit and who remains in Indonesia may be granted with an extension based on the previous permits and for a Temporary Stay Permit it may be transferred to Permanent Stay Permit.
  3. Any Temporary Stay Permit, Permanent Stay Permit, or Re-Entry Permit from Expired Permanent Stay Permit which holder remains outside Indonesi, shall be deemed expired and the relevant foreigner must re-submit a visa application in order to enter Indonesia.

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October 21, 2020

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