COVID-19: Updates on Indonesian Immigration Law on the Extension of Emergency Residency Permit

We note that the Indonesian government was temporarily close down the country’s border and restricted people to enter or depart from Indonesia due to the spreading of coronavirus. With respect to such restriction, the Indonesian government has automatically granted Emergency Residency Permits/Izin Tinggal Keadaan Terpaksa (“ERP”) to foreigners whose visas were expired and unable to leave the country (Note: Please find our previous article that covers this matter here.)

However, the Director-General of Immigration recently has issued a new instruction that requires foreigners who have previously obtained ERP to extend their visas and/or expired residency permits no later than 20 September 2020 (“Registration Deadline”).

Legal Frameworks: Our below executive summary refers to the following regulations:

  1. Minister of Law and Human Rights (“MoLHR”) Regulation No. 11 of 2020 on Temporary Prohibition of Foreign Citizens to Enter the Territory of Republic of Indonesia (“MoLHR Regulation 11/2020”) which comes to force on 2 April 2020; and
  2. Director-General of Immigration Circular Letter No. IMI-GR.01.01-0409 issued on 18 August 2020.

Main Keys on the Visa Registration for Foreigners with Indonesia’s ERP: We have managed to provide you the following main keys on the updates on the updates on the Visa Registration for Foreigners with Indonesia’s ERP.

Automatic Issuance of ERP during the COVID-19 Period: We note that the Indonesian government has automatically granted ERP to any foreigner whose visa or limited/permanent residency permits have expired during the temporary travel ban due to the COVID-19 conditions (Art. 4 (1) jo. Art. 5 (1) of MoLHR Regulation 11/20).

Residency Permit and Visa Extension: We note that holders of ERP should extend its Temporary Stay Permit/Izin Tinggal Terbatas (“ITAS”), Permanent Stay Permit/Izin Tinggal Tetap (“ITAP”), Visa on Arrival (“VOA”), or Visit Visa/Visa Kunjungan that has been expired no later than Registration Deadline to the Immigration Office.

Application for New ITAS or Visit Visa: We also note that provided the current ITAS or Visit Visa held by the ERP holders is not allowed to be extended, then such person should apply for a new ITAS or Visit Visa. Either way, such ERP holder must leave Indonesia at the latest of 20 September 2020.  

Administrative Sanctions: We note that any ERP holder who fails to perform visa extension or reapplication will be deemed overstayed and as such will be subject to administrative sanctions including daily fines, detention, and deportation.

The article above was prepared by Marshall S. Situmorang (Partner) and Aniendita Rahmawati (Associate). 

Disclaimer: The information herein is of general nature and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. Specific legal advice should be sought by interested parties to address their particular circumstances. For more information, please contact us at mail@nusantaralegal.com.