Immigration State of Affairs for Foreigners: Covid-19 Outbreak

In response to the current global pandemic of the Covid-19 Virus outbreak, the Indonesian government has now frequented the enactment of several regulations and laws into effect in order to curb and hopefully contain the rapidly increasing number of Covid-19 cases within Indonesia.

This legal update will briefly provide clarifications on the most up to date regulation regarding immigration policies concerning the Ministry of Law and Human Rights (“MOLHR”), that has been officially released to the public that will undoubtedly affect immigration matters and procedures for foreigners and nationals alike.

The MOLHR Regulation No. 11 of 2020 on the Temporary Restriction for Foreigners in Entering the Territory of the Republic of Indonesia¹ (“GR No.11/2020”), has been in legal effect since April 2 at 00:00 WIB and has respectively revoked the following regulations:

• MOLHR Regulation No. 7 of 2020 regarding the Granting of Visas and Stay Permits in order to Prevent Coronavirus Outbreaks (“GR No.7/2020”);

• MOLHR Regulation No.8 of 2020 regarding the Temporary Suspension of Free Entry Visa and Visa-on-Arrival and Emergency Stay Permits (“GR No.8/2020”).

The important factors for Foreigners looking to enter Indonesia and those that remain within Indonesia, as per GR No.11/2020 and national press releases², are stipulated below for the ease of comprehension:

1. Article 2 provides that there is a temporary ban of all foreigners from entering/transiting through or in the Territory of Indonesia, where foreigners are defined as ‘people who are not citizens of the Republic of Indonesia’.³
2. Restrictions as however provided in Article 2 does not apply to the following⁴:
   • Foreign Holders of Diplomatic and an Official Visa;
   • Foreigners holding limited Stay Permits (Izin Tinggal Terbatas) and Permanent Stay Permits (Izin Tinggal Tetap);
   • Foreign Holders of Diplomatic Stay Permits and Official Stay Permits;
   • Medical Aid and medical support, humanitarian aid worker;
   • Crews of Conveyance (flight, sea, or land transportation crew member); and
   • Foreign employees in National Strategic Projects.

Additionally, the above-mentioned qualified foreigners may only enter the territory of Indonesia only after fulfilling the following requirements⁵:

1. Obtain a health statement/certificate letter issued by relevant health authorities from their respective countries in the English Language;
2. Remain for 14 (fourteen) days in a Covid-19 virus free region/country; and
3. Statement of willingness to be quarantined for 14 (fourteen) by the government of the Republic of Indonesia.

3. Foreigners who remain in Indonesia under different permits or visas, the regulation stipulates as follows:

• Foreigners who enters Indonesia by holding a Visitor Permit including Visa Free Entry or Visa on Arrival, that has expired and/or cannot be extended, will be automatically granted an Emergency Stay Permit without the need to submit an application to the Immigration Office free of charge.⁶
• Foreigners who holds Limited Stay Permits and Permanent Stay Permits that has expired and/or cannot be extended will be suspended and will be automatically granted an Emergency Stay Permit without the need to submit an application to the Immigration Office free of charge.⁷

Whilst the law is clear, one factor that has not been addressed that will affect foreigners holding a Visitor Permit is the duration of how long such an ‘Emergency Stay Permit’ will be valid for. Please do take into account and anticipate that it is highly likely that additional regulations and laws will come into effect in the near future dictating such concerns among other measures to combat the Covid 19 virus epidemic.

If there are any queries with regards to how this may affect your respective business, please do not hesitate to contact us for further legal consultation.

This information does not, and is not intended to, constitute legal advice; instead, all information, content, and materials are for general informational purposes only.

1. Ministry of Law and Human Rights Regulation No.11 of 2020 concerning The Temporary Restriction for Foreigners in Entering the Territory of the Republic of Indonesia (“GR No.11/2020”). ↩︎
2. Press Conference Release – Ministry of Law and Human Rights issuance of Temporary Prohibitions of Foreigners Entering the Territory of Indonesia related to Covid-19, March 31 2020. ↩︎
3. Art. 2, GR No.11/2020 ↩︎
4. ibid, Art 3 (1) ↩︎
5. ibid, Art 3 (2) ↩︎
6. ibid, Art 6 ↩︎
7. ibid, Art 6 ↩︎