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Indonesian Immigration Policy Amidst the Polemic of COVID-19

Updated: Apr 16



by Alifia Putri (alifia.putria@launcher.id) and Clara Viriya (clara.viriya@launcher.id)


To prevent the spread of Covid-19 in the Republic of Indonesia territory, the Central Government has issued several regulations to be implemented on Immigration Sector during this pandemic issue.


To facilitate the public in accessing information related to regulation on Immigration Sector, the Directorate General of Immigration of the Republic of Indonesia (“Dirjen Imigrasi”) has published a summary of related regulations, namely Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 11 of 2020 on Temporary Restriction for Foreigner Entering the territory of the Republic Indonesia (“Permenkumham 11/2020”), Presidential Decree of the Republic of Indonesia Number 11 of 2020 on Determination of the Corona Virus Disease 2019 (COVID-19) as Public Health Emergency (“Kepres 11/ 2020”), Circular Letter Number IMI-GR.01.01-2114 2020 on Limitation of Immigration Services to Prevent the Spread of Corona Virus Disease (COVID-19) in the Immigration Office Environment (“SEIMI-GR.01.01-2114”), and Circular of the Ministry of Foreign Affairs of the Republic of Indonesia Number D/00663/03/2020/64 dated March 17, 2020 (“SE D/00663/03/2020/ 64”), which accessible on the official website of Dirjen Imigrasi: https://www.imigrasi.go.id.


In addition, Dirjen Imigrasi also facilitates the public by providing the Frequently Asked Question (“FAQ”) related to the regulation implementation and the daily issue of it. The summary of regulations and FAQ is always updated regularly in accordance with the updated regulations and daily events related to COVID-19.


RESTRICTION ON THE ENTRY TRAFFIC TO THE INDONESIAN TERRITORY


In line with the activities reduction to reduce the spread of COVID-19 in Indonesia, the Government also regulates the entry traffic to the territory of Indonesia. This is intended to reduce the spread in Indonesia caused by the carrying of the COVID-19 virus along with the traffic activities in the Indonesian state border. The Government regulates the restriction of Entry and Exit Access of Indonesian territory for both Foreigners (“WNA”) and Indonesian Citizenship (“WNI”).

A. Immigration Access Policy for WNA


1. Prohibition of Entering Indonesian Territory and the Removal of Free Visit Visa (BVK) Services

Currently, WNA is prohibited to enter Indonesian territory through any route, including transit and/or plane/ other transportation transfer, up to undetermined time by the Indonesian Government, except for WNA who meets one of the following criteria:

a. Children with dual citizenship with a foreign passport registered as an Indonesian citizen in the Immigration application and having proof of entry as an Indonesian citizen;

b. WNA holder of Limited Stay Permit (KITAS) and Permanent Stay Permit (KITAP) whose Return Permit is still valid;

c. WNA holders of Diplomatic Visas or Agency Visas;

d. WNA holders of Diplomatic Stay Permits and Official Stay Permits;

e. Medical aid and medical support, food and humanitarian reasons;

f. Transportation Crew (other than marine, unless otherwise specified); and

g. WNA who will work on a NATIONAL STRATEGIC.


For WNA who meets the criteria, allowed to enter the territory of Indonesia either by air or road, with fulfilling the following conditions:


a. Health certificate in English from the health authorities in each country or an airworthy certificate (fit to fly); and

b. Statement Letter which stated the WNA is willing to be quarantined or 14 (fourteen) days carried out by the government of the Republic of Indonesia.


This also affects the removal of Free-Visit Visa (BVK), Visa on Arrival, and Free-Diplomatic/Agency Visa, except for the above-mentioned parties who meet the criteria. Meanwhile, the service at the Immigration Office abroad for visa application is only limited for those who meet the criteria.


2. Granting of Emergency Stay Permit Automatically


Only for WNA who is currently residing in Indonesia and could not exit from Indonesia, yet the Stay Permit is expired and/or not extendable, hence the Government grants an Emergency Stay Permit that will be registered automatically in Indonesian Immigration system for free. This does not apply to WNA who hold Indonesian Visa/Permit but currently staying abroad nor to those who holds Diplomatic/Agency Stay Permit.


3. Exit Procedure to Leave the Territory of Indonesia


For WNA who is intended to leave Indonesia, there will be conducted proceedings of Immigration Check properly with an additional issuance of Exit Sign which indicates the WNA is leaving Indonesia and it is not allowed to re-entry the territory of Indonesia up to the regulation updates. WNA who wants to terminate their KITAS or KITAP does not need to report to the Immigration Office and may immediately leave Indonesia.


B. Immigration Access Policy for WNI


1. Expected to Immediately Return to Indonesia


For WNI who is still abroad, through SE D/00663/03/2020/64, is expected to immediately return to Indonesia to avoid the possibility of airport closures and the lack of transportation to Indonesia, by committing to conduct the following actions:

a. Carrying health certificate in English from the health authorities in each country or an airworthy certificate (fit to fly); or

b. Filling in the Health Alert Card when arriving in Indonesia and undergoing a medical examination that will be carried out by the Health Quarantine officer at the place of arrival; and

c. Self-isolating for 14 (fourteen) days since arrival date.


2. Immigration Office Services in Indonesia


Online Queue Application for Passport Registration (APAPO) is currently being suspended due to the Immigration Office is not serving passport application, extension, and collection. Currently, the passport that has been completely processed is not required to be collected immediately and will not be charged by any cancellation fine. Likewise for the passport that has been expired, doesn’t required to be extended immediately unless urgently needed and will not have any consequences.


For now, the Immigration Office is only serving for passport handling for the applicant who has urgent matters, which are:


a. The patient that needed to be treated immediately or with Doctor’s referral; or

b. People with urgent interests which cannot be postponed, by completing a statement containing the reason for the departure.


CLOSING OF INDONESIAN STATE BORDER


Currently, the International Airport and Port of Indonesia are still operating only for travel which considered as important, urgent, or goods delivery.


Transboundary Posts (PLBN) in some provinces below are closed and restricted for passers who will enter or exit the Indonesian territory, namely:


1. PLBN in West Borneo Province (Aruk, Entikong, Putussibau) is only open for WNI who will return from Malaysia and Malaysian citizens who will return to their countries;

2. PLBN in North Sulawesi Province (Miangas and Marore), PLBN North Borneo (Nunukan), PLBN in Papua Province (Skouw dan Sota) are now closed.

3. PLBN in East Nusa Tenggara (NTT) (Motaain, Motamasin, Wini) has traffic restriction.


DEPORTATION, DETENTION AND INVESTIGATION


During the service restriction, all Immigration Office and Immigration Detention Houses are still carrying out the Immigration Administrative Process in the form of detentions and deportations. The investigation process for WNA who violates the Immigration Law will still be carried out following the applicable laws and regulations. The enforcement of Immigration Law is still running as it should while waiting for the updates of related regulation.


All provisions are valid for an undetermined period and will be updated according to the health emergency level and the situation of the Republic of Indonesia.


We understand that this limitation of travel may affect to many business aspects in Indonesia. Hence, we will do our best to keep you updated with the regulation to facilitates you from doing business in Indonesia.


LID Advisory is a publication prepared by Launcher.id. It is intended to inform in general topics covered only, and should not be treated as a legal advice or relied upon when making business activities or investment decisions. Should you have any inquiries on the matters contained in LID Advisory, or other comments generally, please contact us at contact@launcher.id.

All content presented herein is for informational purposes only. Nothing should be construed as legal advice. Transmission and receipt of this information is not intended to create and does not constitute, an attorney-client relationship with PT Sinergi Konsultasi Indonesia. There is no expectation of attorney-client privilege or confidentiality of anything you may communicate to us in this forum. Do not act upon any information presented without seeking professional counsel.

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