In acknowledging the need to adjust and harmonize existing travel regulations with the currently developing situation concerning COVID-19, the Indonesian government has issued a Circular allowing foreigners to enter Indonesia under certain conditions, as well as other provisions that facilitate their travel/stay/employment.
On April 2, 2020, the Ministry of Law and Human Rights enacted Regulation of the Minister of Law and Human Rights Number 11 of 2020 on the Temporary Ban on Foreigners from Entering the Territory of the Republic of Indonesia (鈥�Permenkumham 11/2020鈥�) along with its implementing guidelines, namely Circular of the Director-General of Immigration Number IMI-GR.01.01-2325 of 2020 on Temporary Ban on Foreigners from Entering the Territory of the Republic of Indonesia (鈥�Circular 2325/2020鈥�). This regulation was issued in the light of the COVID-19 pandemic, which threatens to spread from country to country in line with the mobility of the people.
However, in the context of adjustment and harmonization in overcoming obstacles in the implementation of this regulation, on May 6, 2020, the Directorate General of Immigration issued Circular of the Director-General of Immigration Number IMI-GR.01.01-2493 of 2020 on the Expansion of Circular 2325/2020 (鈥�Circular 2493/2020鈥�).
Circular 2493/2020 addresses the following matters:
Provisions on Emergency Stay Permit to Enter the Territory of the Republic of Indonesia
Foreigners, who intend to enter the territory of the Republic of Indonesia for the purpose of family reunification, may be granted an Emergency Stay Permit for Entry (Izin Tinggal Keadaan Terpaksa Masuk 鈥� 鈥�ITKT Masuk鈥�). The criteria are as follows:
- Holders of Limited Stay Permit (鈥�ITAS鈥�) or Permanent Stay Permit (鈥�ITAP鈥�) for Work/Non-Work/Investor, whose validity period has expired and are currently abroad.
- Holders of ITAP for Work/Non-Work/Investor whose Re-Entry Permit has expired.
It should be noted that granting an ITKT Masuk to foreigners, who meet the criteria above, does not automatically extend their ITAS or ITAP.
The following are Immigration Checkpoints (Tempat Pemeriksaan Imigrasi 鈥� 鈥�TPI鈥�) authorized to grant an ITKT Masuk in the form of hexagon stamp (Cap Segi Enam) without questioning the validity period of ITAS/ITAP/Re-Entry Permit:
- TPI Soekarno Hatta-Jakarta;
- TPI Juada-Surabaya;
- TPI Ngurah Rai-Bali;
- TPI Kualanamu-Medan;
- TPI Hang Nadim-Batam;
- TPI Batam Center-Batam; and
- TPI Citra Tritunas-Batam.
Provisions on Granting of Entry Stamp
In essence, the Immigration Officials and/or Landing Check Officers at the Immigration Checkpoints will process the entry of foreigners once they have gone through a medical examination and are deemed fit to enter the territory of the Republic of Indonesia by the Port Health Quarantine Officials. An Entry Stamp will be granted, if the foreigner fulfills the following requirements:
- a health certificate or a 鈥渇it to fly certificate鈥� in English issued by the competent authority of their respective country;
- statement of willingness to enter quarantine for 14 (fourteen) days which is carried out by the government of the Republic of Indonesia.
This circular stipulates that, after the COVID-19 pandemic is declared over by the Indonesian government, an Entry Stamp will be given to foreigners holding any type of visas issued since January 1, 2020. Further, granting an ITAS to foreigners will be carried out at certain Immigration Checkpoints.
Procedures for Telex Visa Re-Activation
- Telex Visa Re-activation is carried out automatically through the system after the period of COVID-19 pandemic is declared over by the Indonesian government and applies to all Telex Visas issued since January 1, 2020 that have expired and under the condition that the foreigner has not taken another visa at an Indonesian Representative;
- The re-activated telex visa is valid for 60 (sixty) days after the COVID-19 pandemic is declared over by the Indonesian government;
- For Telex Visa holders referred to in letter a, foreigners must continue to collect their visa at the Indonesian Representative chosen at the time of submitting the application.
Procedures for Visa Re-Activation
- Visa Re-activation is carried out automatically through the system after the period of COVID-19 pandemic is declared over by the Indonesian government and applies to all Visas issued since January 1, 2020, by the Indonesian Representative via an application to the Immigration Management Information System (鈥�SIMKIM鈥�), and have expired and not been used for traveling to the territory of the Republic of Indonesia;
- The re-activated visa is valid for 90 (ninety) days after the COVID-19 pandemic is declared over by the Indonesian government;
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It should be noted that automatic visa re-activation through the system cannot be carried out for the issuance of visa by the Indonesian Representative that has not applied a SIMKIM application.
Procedures for Guarantors of Foreign Workers
For foreign workers, whose telex visa or visa is issued through the re-activation procedures as mentioned above, their guarantors must report the arrival of said foreign workers regarding their notification to the Directorate General of Manpower Placement and Expansion of Employment Opportunities of the Ministry of Manpower.
Procedures for Guarantors of Investors
For investors, whose telex visa or visa is issued through the re-activation procedures as stated above, their guarantors must report the arrival of said investors to the Indonesia Investment Coordinating Board (鈥�BKPM鈥�).
Provisions for Extension of ITAS and ITAP
- Holders of ITAS/ITAP for Work/Non-Work/Investor, who are in Indonesia, can be granted an extension after the end of the COVID-19 pandemic period;
- In order to extend an ITAS/ITAP for Work/Non-Work/Investor, the guarantors are required to take care of the requirements again in the form of a notification from the Ministry of Manpower or a recommendation from BKPM;
- The guarantors are also required to take care of the Re-Entry Permit for ITAP holders at the Immigration Office.
It should still be noted that, in regards to foreign employees, also in connection with the issuance of Permenkumham 11/2020, the Ministry of Manpower has already issued Circular of the Minister of Manpower No. M/4/HK.04/IV/2020 concerning Services for the Utilization of Foreign Workers in Relation to the Prevention of COVID-19 (鈥�Circular 4/2020鈥�), which came into force on April 8, 2020 until the COVID-19 pandemic is declared over by the Indonesian government.
Under Circular 4/2020, the Ministry of Manpower regulates the following matters:
- Temporary suspension of all licensing services for new applications related to the utilization of foreign workers.
- This temporary suspension is exempted for the following applications:
- foreigners who will work on national strategic projects in accordance with prevailing regulations; and
- foreigners who hold a stay permit and are still in the territory of the Republic of Indonesia.
- For foreign workers, who are still in Indonesia and cannot return to their home countries due to entry restrictions, employers can still apply for their work permits extension in order to continue employing them during the COVID-19 pandemic.
The circulars above show that Indonesia continues to take the COVID-19 pandemic serious in terms of preventing a further outbreak via the mobility of people and workers, but is doing so in acknowledgement of the challenges that people may face in regards to their economic and social conditions.