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UU Keimigrasian – Bab 5

Immigration Law

Visa consists of:

    1. Diplomatic Visa;
    2. Official visa
    3. Visitor Visa; and
    4. Temporary Stay Visa.

A diplomatic Visa is granted to a Foreign National holding a diplomatic Passport and other passports to enter Indonesian Territory for a diplomatic mission.

A service Visa is granted to a Foreign National holding a service Passport and other Passports who travels to Indonesian Territory for a non-diplomatic assignment of their national government or an international organization.

The granting of diplomatic and service Visas is the authority of the Minister of Foreign Affairs and their issuance is carried out by the foreign service officer at Indonesia Missions Abroad.

A visitor Visa is granted to a Foreign National traveling to Indonesian Territory for a government official visit, education, socio-cultural visits, tourism, business, family visits, journalism, or transit to other countries.

Temporary stay visa is granted to the following Foreign National:

  1. clerics, experts, workers, researchers, students, investors, elderly, and their family, as well as a Foreign Nationals who are legally married to an Indonesian citizen, who travel to Indonesian Territory to reside for a limited period of time; or
  2. a Foreign National working on a vessels, floating infrastructures, or installation operating in the Indonesia’s archipelago waters, territorial seas, continental shelves, and/or Exclusive Economic Zone of Indonesia.
  1. The granting of a visitor Visa and a temporary stay Visa is under the authority of the Minister.
  2. The Visas as referred to in section (1) are granted and signed by the Immigration Officer at the Indonesia Missions Abroad.
  3. In the event that the Indonesia Missions Abroad has no Immigration Officer as referred to in section (2), a visitor Visa and a temporary stay Visa are granted by an Indonesian foreign service officer.
  4. The Indonesian foreign service officer as referred to in section (3) has the authority to grant the Visas after obtaining a Ministerial Decision.
  1. Visitor Visa may also be granted to a Foreign National upon arrival at an Immigration Checkpoint.
  2. A Foreign National who may be granted a Visa on arrival is a citizen of a specified country under a Ministerial Regulation.
  3. The Visa on arrival at an Immigration Checkpoint as referred to in section (1) is granted by Immigration Officer.

Visa application is refused in the event that:

  1. the applicant’s name is included in the Entry Ban list;
  2. the applicant has no legal and a valid travel document;
  3. Does not have enough living expenses for himself/herself and/or his/her family while in Indonesia;
  4. the applicant does not have a return ticket or onward ticket to continue their travel to another country;
  5. the applicant does not have a Re-entry Permit to their country of origin nor a visa to other countries;
  6. the applicant is suffering from a contagious or infectious disease, mental disorder, or other illnesses that might be detrimental to public health or order.
  7. the applicant is engaged in a transnational organized crime or is a threat to the Unitary State of the Republic of Indonesia; and/or
  8. the applicant is affiliated with any network of prostitution, human trafficking, and people smuggling activities or practices.
  1. A Foreign National may enter Indonesian Territory after obtaining an Entry Stamp.
  2. An Entry Stamp is granted by an Immigration Officer at an Immigration Checkpoint to a Foreign National who comply with requirements to enter Indonesian Territory.
  1. An Entry Stamp for a Foreign National holding a diplomatic Visa or service Visa for a short visit in Indonesia is also valid as a diplomatic Stay Permit or service Stay Permit.
  2. An Entry Stamp for a Foreign National exempted from the obligation to obtain a Visa or a visitor Visa is also valid as a visitor Stay Permit.
  1. A Foreign National who holds a diplomatic or service Visa in order to reside in Indonesian Territory, after obtaining an Entry Stamp is obligated to submit an application to the Minister of Foreign Affairs or appointed officer in order to obtain a diplomatic Stay Permit or service Stay Permit.
  2. A Foreign National who holds a temporary residence Visa after obtaining an Entry Stamp is obligated to submit an application to the Head of Immigration Office in order to obtain a temporary Stay Permit.
  3. If the Foreign National as referred to in section (1) and section (2) fails to fulfill the obligation, the Foreign National is unlawful to reside in Indonesian Territory.

Further provisions regarding procedures and requirements for the application, type of purposes, and validity of Visa, as well as procedures for granting an Entry Stamp are regulated by Government Regulation.

  1. Every Foreign National residing in Indonesian Territory is obligated to have a Stay Permit.
  2. A Stay Permit is granted to Foreign Nationals in accordance with their Visa.
  3. The Stay Permit as referred to in section (1) consists of:
    1. Diplomatic Stay Permit;
    2. Official Stay Permit;
    3. visitor Stay Permit;
    4. Temporary Stay Permit;
    5. Permanent Stay Permit.
  4. The Minister has the authority to prohibit a Foreign National granted a Stay Permit from being in a particular area within Indonesian Territory.
  5. A Foreign National being detained for the purposes of investigation, prosecution, and on trial or confinement or imprisonment in a correctional institution, whose stay permit has expired, is exempted from the obligation as referred to in section (1).
  1. A diplomatic Stay Permit is granted to a Foreign National entering Indonesian Territory with a diplomatic Visa.
  2. A service Stay Permit is granted to a Foreign National entering Indonesian Territory with a service Visa.
  3. A diplomatic Stay Permit and a service Stay Permit as well as its extension are granted by the Minister of Foreign Affairs.
  1. A visitor Stay Permit is granted to:
    1. A Foreign National entering Indonesian Territory with a visitor Visa; or
    2. A child who is newly born in Indonesian Territory and at the moment of the child’s birth, his or her father and/or mother holding a visitor Stay Permit.
  2. The visitor Stay Permit as referred to in section (1) point b is granted in accordance with visitor Stay Permit of the father and/or mother.

A visitor Stay Permit terminates when:

  1. the holder returns to his or her country of origin;
  2. the permit’s validity period has expired;
  3. his or her permit status is changed into a temporary Stay Permit;
  4. the holder’s permit is cancelled by the Minister or appointed Immigration Officer;
  5. the holder is subject to Deportation; or
  6. the holder is deceased.

A temporary Stay Permit is granted to:

  1. a Foreign National entering Indonesian Territory with a temporary residence Visa;
  2. a child born in Indonesian Territory, whose father and/or mother at the time of birth is holding a temporary Stay Permit;
  3. a Foreign National who is granted a change of status from a visitor Stay Permit;
  4. a ship master, ship crew, or foreign expert on a vessel, floating infrastructure, or installation operating in the territorial waters of Indonesia and under the jurisdiction of Indonesia in accordance with legislation.
  5. a Foreign National who is lawfully married to an Indonesian citizen.
  6. a child of a Foreign National who is lawfully married to an Indonesian citizen.

A temporary Stay Permit terminates when:

  1. the holder returns to his or her country of origin and has no intention to re-enter Indonesian Territory;
  2. the holder returns to his or her country of origin and does not enter Indonesia after his or her Re-entry Permit expires;
  3. the holder acquires the citizenship of the Republic of Indonesia;
  4. the permit’s validity period has expired;
  5. the holder’s permit status is changed to a Permanent Stay Permit;
  6. the holder’s permit is cancelled by the Minister or appointed Immigration Officer;
  7. the holder is subject to Deportation; or
  8. the holder is deceased.
  1. Permanent Stay Permit may be granted to:
    1. a Foreign National holding a temporary Stay Permit as clerics, workers, investors, and the elderly;
    2. a family member of a mixed nationality marriages;
    3. the husband, wife, and/or children of a Foreign National holding a Permanent Stay Permit; and
    4. a Foreign National of a former Indonesian citizen and a child of a former Indonesian dual citizenship subject;
  2. The Permanent Stay Permit as referred to in section (1) is not granted to a Foreign National who does not have a passport pertaining to any country;
  3. A Foreign National holding a Permanent Stay Permit is an Indonesian resident.

The granting, extension, and cancelation of a visitor Stay Permit, a temporary Stay Permit, and a Permanent Stay Permit is carried out by the Minister or appointed Immigration Officer.

  1. A Stay Permit’s status granted to a Foreign National may be changed.
  2. Stay Permits may be changed in status from a visitor Stay Permit to a temporary Stay Permit, and from a temporary Stay Permit to a Permanent Stay Permit.
  3. The change of status of a Stay Permit as referred to in section (2) is established by a Ministerial Decision.
  1. A visitor Stay Permit and a temporary Stay Permit may also be changed in status to a service Stay Permit.
  2. The change of status as referred to in section (1) may only be carried out under a Ministerial Decision approval of the Minister of Foreign Affairs.

In the event that an Immigration Officer is in doubt with the status of a Foreign National’s Stay Permit and citizenship, the Immigration Officer has the authority to review and examine the status of his or her Stay Permit and citizenship.

  1. A Permanent Stay Permit is granted for a period of 5 (five) years and may be extended for an indefinite period of time provided that the permit has not been canceled.
  2. The holder of the Permanent Stay Permit for an indefinite period of time as referred to in section (1) is obligated to report to the Immigration Office every 5 (five) years and is not subject to any charges.
  1. A Permanent Stay Permit for the applicant as referred to in Article 54 section (1) point a, is granted to an applicant after residing for 3 (three) consecutive years and signed a Declaration of Integration to the Government of the Republic of Indonesia.
  2. To obtain the Permanent Stay Permit, the applicant as referred to in Article 54 section (1) point b should have been married for at least 2 (two) years and signed a Declaration of Integration to the Government of the Republic of Indonesia.
  3. The Permanent Stay Permit for the applicant as referred to in Article 54 section (1) point c and point d may be granted directly.

The holder of the temporary Stay Permit as referred to in Article 52 point e and point f and the holder of the Permanent Stay Permit as referred to in Article 54 section (1) point b and point d, may be employed and/or engaged in business to fulfil their daily needs and/or their family.

  1. A Permanent Stay Permit may terminate when:
    1. the holder leaves Indonesian Territory for more than 1 (one) year or has no intention to re-enter Indonesian Territory.
    2. the holder does not apply for an extension of the Permanent Stay Permit after 5 (five) years;
    3. the holder acquires the citizenship of the Republic of Indonesia;
    4. the holder’s permit is cancelled by the Minister or appointed Immigration Officer;
    5. the holder is subject to Deportation; or
    6. the holder is deceased.
  2. A Permanent Stay Permit is cancelled when the holder:
    1. is proven to have committed a criminal act against the state as regulated in legislation;
    2. is doing any activities that threaten national security;
    3. violates his or her Declaration of Integration;
    4. employs foreign workers without work permits;
    5. provides false information to apply for a Permanent Stay Permit;
    6. is subject to an Immigration Administrative Action; or
    7. ends up their lawful marriage with an Indonesian citizen due to a divorce and/or a court ruling, unless the marriage is 10 (ten) years old or more.
  1. A certain Foreign National residing in Indonesian Territory is obligated to have a Sponsor to guarantee his or her residency.
  2. The Sponsor is responsible for the residency and activities of the sponsored Foreign National while residing in Indonesian Territory and is obligated to report any changes in the Foreign National’s civil status, Immigration status, and changes of address.
  3. The Sponsor is obligated to pay any costs incurred from returning or removing the sponsored Foreign National from Indonesian Territory in the following cases:
    1. the Foreign National’s Stay Permit has expired; and/or
    2. the Foreign National is subject to an Immigration Administrative Action in the form of Deportation.
  4. Provisions regarding the sponsorship are not applicable to a Foreign National who is lawfully married to an Indonesian citizen.
  5. The provision as referred to in Article 62 section (2) point g is not valid in the event that the Permanent Stay Permit holder, whose marriage is ending up with an Indonesian citizen, obtain the sponsorship to guarantee his or her residency, as referred to in section (1).
  1. A Re-entry Permit is granted to a Foreign National holding a temporary Stay Permit or Permanent Stay Permit.
  2. A holder of a temporary Stay Permit is granted a Re-entry Permit with a validity period equal to that of the temporary Stay Permit.
  3. A holder of a Permanent Stay Permit is granted a 2 (two) year period of Re-entry Permit provided that this does not exceed the validity period of the Permanent Stay Permit.
  4. A Re-entry Permit is valid for a multiple entry.

Further provisions regarding procedures and requirements of application, expiry period, provision, extension, or cancelation of a Stay Permit, and change of status of a Stay Permit are regulated by Government Regulation.