NEW IMMIGRATION REGIME: VISA AND STAY PERMIT UNDER THE MINISTRY OF LAW AND HUMAN RIGHTS REGULATION NO. 11 OF 2024

In providing a more clarity and attracting foreign investors and talent alike, the government of Indonesia has recently brought a new change to the Ministry of Law and Human Rights (“MoLHR”) Regulation No.22 of 2023 on Visa and Stay Permits (“MoLHR Reg 22/2023”), which is the MoLHR Regulation No.11 of 2024 on the amendments to the MoLHR on Visa and Stay Permits (together shall be referred to as “2024 Amendment”).

The new 2024 Amendment provides several adjustments to immigration permits, such as visa, limited stay permits (Izin Tinggal Terbatas, “ITAS”), and permanent stay permits (Izin Tinggal Tetap “ITAP”). The MoLHR 22/2023 provides a more expanded and several qualifications in obtaining the immigration permits that would impact the ease of staying and obtaining residency in Indonesia.

Due to the complexity of the regulations, we have prepared this article to provide a more comprehensive yet brief explanation in understanding the development of the immigration law, especially regarding visa and stay permits.

Overview on Immigration Permit

The 2024 Amendment provides wide range visa and immigration permits. However, generally there are 4 main types, which consist of the following:

1. Visa, a written declaration issued by an immigration office or foreign service to travel in the territory of Indonesia and used as the basis for obtaining a stay Visas consist of Visiting Visa and Limited Stay Visa.
2. ITAS, a permit given to foreigner to stay and resides in Indonesia for a limited time for visiting
3. ITAP, a permit given to certain foreigner to reside and stay in Indonesia as an Indonesian
4. Re-entry permits, a written permit granted by the Immigration Office to Foreigners who hold a Limited Stay Permit or a Permanent Stay Permit to re-enter the Territory of

The government sought to simplify the regulations to attract foreign investors and foreign talents, as well as ex-Indonesians, in order to assist in the development of the economy and the quality of Indonesian human resources, which are:

1. Investor Visa

Basically, investor visa is divided into three categories based on the duration of the foreigner’s stay in Indonesia as stated in the 2024 Amendment:

• 2 years, it is important to highlight that the foreigner must have proof of share ownership of at least IDR 10,000,000,000 (ten billion rupiah), pursuant to Article
• 5 years, it is important to highlight that the foreigner must have proof of Immigration Individual investors intending to establish a company in Indonesia, must make a commitment statement that the foreigner will establish a company in Indonesia with a placed capital (shares) or investment value of at least USD 2,500,000. If not intending to establish a company, the investor must purchase Indonesian government bonds /shares/mutual funds in a publicly traded company in Indonesia for at least USD 350,000, pursuant to Article 39.
• 10 years, it is important to highlight that the foreigner must have proof of Immigration For individual investors intending to establish a company in Indonesia, there must be a commitment statement that the foreigner will establish a company in Indonesia with a placed capital (shares) or investment value of at least USD 5,000,000. If not intending to establish a company the investor must purchase Indonesian government bonds / shares / purchase mutual funds for at least USD 700,000, pursuant to Article 40.

2. Repatriate Visa

There are several conditions for Repatriate Visa as follows:

• Former Indonesian citizens, who if they intend to stay without a guarantor for up to one year, must provide Immigration Security Evidence by purchasing shares/bonds/mutual funds amounting to USD 15,000. However, if they intend to stay up to five years without a guarantor, they must provide Immigration Security Evidence by purchasing shares/bonds/mutual funds amounting to USD 50,000.
• Descendants of former Indonesian citizens (up to the second degree), who intend to stay up to five years without a guarantor, must provide Immigration Security Evidence by purchasing shares/bonds/mutual funds amounting to USD 35,000.
• Foreigners that intend to stay up to 10 (ten) years without a guarantor must provide Immigration Security Evidence by purchasing shares/bonds/mutual funds amounting to USD 100,000.

3. Family re-grouping

Visa for family regrouping generally consist of several types. These include foreigners wanting to join their Indonesian spouse, biological children aged 21 and over who are Indonesian citizens, as well as holders of limited stay permits, and permanent stay permits. This visa allows families to reunite in Indonesia, facilitating the legal process for family members who are not Indonesian citizens to reside together with Indonesian citizens.

4. Golden Visa

According to Article 185, Golden Visa consists of Limited Stay Visas, Limited Stay Permits, Permanent Stay Permits, and Re-entry Permits are granted for investment activities, family reunification, repatriation, and second homes. These permits are valid for a maximum period of 5 to 10 years. Although the 2024 Amendment readdresses the Golden Visa, its inception was originally stipulated in the MoLHR Reg 22/2023.

Comparison

It is evident that the 2024 amendment is designed to attract foreign investors by streamlining and expediting the process, as noted in:

1. Visa Issuance and Forms

In 2024 Amendments, visa can now be issued in both sticker and electronic forms while in MoLHR Reg 22/2023 visa is issued primarily in sticker form.

2. Foreign Corporation Representatives

The 2024 amendments specify that individuals representing foreign parent companies visiting or assigned to Indonesian branches or subsidiaries must present an immigration guarantee from their company, committing to a minimum investment of USD 25 million in Indonesia.

3. Golden Visa

This policy is intended for capital investments, foreign directors and commissioners, repatriation (ex-Indonesian), family regroupings, and establishing second homes with validity periods of five or ten years. In the 2024 amendments, there are adjustments to the investment criteria and introduction of commitment evaluations to ensure ongoing compliance with the investment requirements.

Furthermore, there is enhanced clarity of the documentation required for family regroupings and capital investments depending on the categories. Furthermore, there several types of golden visa that may be applied for foreigners such as:

• Individual investment for establishing or non-establishing company;
• Ex-Indonesian;
• Second home;
• Global talent;
• Personage invited by the government;
• Retirement

4. Validity Periods and Multiple-Trip Visa

2024 Amendments have expanded the categories such as new visa types like multiple- trip visa with varied validity periods that previous regulations did not determine.

5. Expanded Categories and Requirements

Regarding the Issuance and Forms of Visa, Minister of Law and Human Rights Regulation No. 22 of 2023 stipulated that visas were primarily issued in sticker form. The categories included single-entry visitor visa and limited stay visa. Meanwhile, Minister of Law and Human Rights Regulation No. 11 of 2024 stipulates that visas can now be issued in both sticker and electronic forms. This regulation also expands the categories and introduces new types of visas, such as multiple-entry visas with various validity periods.

What are the benefits of the Recent Amendment?

Several key reforms have been implemented to streamline various aspects of visa processes in Indonesia. Firstly, the introduction of electronic visas and adjustments to validity periods for multiple-trip visas have significantly simplified the application and renewal processes for foreign nationals. These changes aim to enhance efficiency and convenience, making it easier for individuals to navigate entry requirements into the country.

Secondly, the government has set clear investment criteria and commitment requirements to attract substantial foreign investment. By doing so, Indonesia aims to bolster its economy and create more opportunities for economic growth and development.

Thirdly, revisions to family regrouping provisions have been made to facilitate easier reunification for foreign nationals with their families. These adjustments aim to foster a more inclusive environment for expatriates, promoting family unity and stability within the community.

Fourthly, new visa provisions have been introduced to support artistic, cultural, and non- commercial sporting activities. These initiatives not only celebrate Indonesia’s rich cultural diversity but also strengthen the country’s international engagement efforts.

Collectively, these reforms reflect Indonesia’s commitment to improving its visa and immigration policies to better accommodate the needs of foreign nationals and promote economic and cultural exchanges on a global scale.

Latest update

Working visa procedureswere recently changed through the Circular Letter of the Ministry of Law and Human Rights of the Republic of Indonesia through the Directorate General Immigration No. IMI.2-GR.01.01-659, dated 18 July 2024, concerning the Termination of Sending Notifications to the Visa Application Version 2 (“Circular Letter”). Effective from 22 July 2024, the process for working visa applications will transition from the previous platform at https://tka- online.kemnaker.go.id/ to the new e-visa application system, accessible at https://evisa.imigrasi.go.id.

The significant change is that the application process for a working visa will now be handled exclusively by the Ministry of Law and Human Rights through the Directorate General Immigration, whereas previously, it was managed through the TKA-Online platform under the Ministry of Manpower. This separation ensures that the Expatriate Utilization Plan (Rencana Penggunaan Tenaga Kerja Asing) continues to be processed via TKA-Online, preventing confusion by keeping these procedures distinct under their respective ministries.

What is the outlook for the future

As Indonesia is growing to be a hot spot for investment in Asia, the amendments to Indonesia’s visa regulations represent a significant stride towards boosting the country’s appeal to foreign investors and expatriates. By comparing the original MoLHR Regulation 22/2023 with the 2024 Amendment, it becomes apparent that the Indonesian government is committed to cultivating a more streamlined, transparent, and investor-friendly environment for foreign investors. These revisions not only improve conditions for foreign nationals but also align with Indonesia’s broader economic and social development goals.

The meticulous adjustments made to visa types, requirements, and validity periods underscore a comprehensive approach aimed at meeting the diverse needs of stakeholders. This strategic overhaul ensures Indonesia maintains its competitiveness as a prime destination for global talent and investment. These changes not only simplify processes but also reinforce Indonesia’s commitment to accommodating international business and fostering a conducive environment for economic growth and cultural exchange.

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 Murzal and Partners Law Firm (MNP) is a specialized law firm pioneering in immigration and corporate legal services in Indonesia. Should you have any inquiries related to these regulations or wish to ascertain their impact on your business or personal interests, please feel free to contact us via:

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Read the article about Indonesia Launches Golden Visa here.