Corporate Immigration – Indonesia

The Corporate Immigration Review: Indonesia surveys and analyses the most noteworthy aspects of business immigration law and practice in Indonesia, with a focus on the most consequential recent developments. In addition to providing an insightful introduction to the immigration framework in Indonesia, it also covers key international treaty obligations; residence rights; requirements for employer-sponsored workers; schemes for investors and entrepreneurs; and an outlook for future developments.

Recent developments

The most significant changes to immigration rules are contained in the latest amendment of Government Regulation No. 31 of 2013 dated 16 April 2013 regarding Implementing Regulation for the Immigration Law (GR 31/2013), namely Government Regulation No. 48 of 2021 dated 2 February 2021 regarding the Third Amendment to GR No. 31 of 2013 regarding the Implementing Regulation of the Immigration Law (GR 48/2021), which was introduced in 2021 as part of the government's goal to make Indonesia more investment-friendly through the enactment of the Job Creation Law.

Change in validity of limited stay permit

One of the biggest changes introduced by GR 48/2021 is the legally permissible length of a foreigner's limited stay permit (ITAS). Previously, an ITAS was granted for a maximum period of two years and could be extended for maximum two-year periods up to an aggregate stay of six years in Indonesia, after which the foreigner was required to process a new ITAS.

GR 48/2021 provides that an ITAS is valid for a maximum of five years and can be extended under the condition that the aggregate stay of the foreigner in Indonesia does not exceed 10 years. GR 48/2021 also further clarifies that an ITAS for work purposes that is valid for no more than 90 days can be extended under the condition that the aggregate stay of the foreigner in Indonesia does not exceed 180 days.

Change in validity period of visit stay permits

Simplification is a big theme of GR 48/2021, with the regulation revising provisions of older regulations to be more straightforward and easier to comprehend. For example, in the case of a visit stay permit issued based on entry to Indonesia under a single-entry visit visa, GR 48/2021 provides that such a visit stay permit is valid for a maximum period of 180 days and is non-extendable. The validity period used to be 60 days and it was extendable inland four times up to an aggregate stay of six months.

Meanwhile, visit stay permits issued based on entry under a multiple-entry visit visa are granted for a maximum period of 180 days and are extendable up to an aggregate stay of no more than 12 months in Indonesia.

Another big change is the validity period of stay permits issued based on entry under a visit visa on arrival, which used to be 30 days and extendable for another 30 days. Under GR 48/2021, the maximum validity period of this stay permit is no more than 30 days, and it is no longer possible to be extended.

Excerpted from The Corporate Immigration Review, published by Law Business Research.

Find The Corporate Immigration Review: Indonesia here.

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