By: Thessalonica Rotinsulu, S.H.
“The land flourished because it was fed from so many sources-because it was nourished by so many cultures and traditions and peoples” – President Lyndon B. Johnson.
Definitions
A visa is a written statement, both manually and electronically, which is given by an authorized official to travel to the territory of Indonesia and becomes the basis for granting a stay permit. A stay permit is a permit granted to persons by immigration officials or foreign service officials to be in Indonesian territory.
Visas and stay permits are two essential things that are important for the public to know, especially guarantors for foreign citizens or companies that wish to bring in foreign workers. These two documents can function as a permit for foreigners to be in Indonesia until a certain time.
The visa application and approval process can be done completely online, through the website visa-online.imigration.go.id or through the tka-online.kemnaker.go.id website specifically for foreign workers. Starting from registering guarantors, filling in data, and uploading documents to issuing documents is done online, for visas, payment is made directly to the bank.
Procedures, Regulations, and Requirements
Indonesian KITAS or Indonesian Limited Stay Permit Card is an important document for foreign nationals who wish to live and work in Indonesia for a long time. Regulations regarding Indonesian KITAS for expatriates are under Regulation of the Minister of Law and Human Rights No. 29 of 2021 concerning Visas and Stay Permits.
The Indonesian government has regulations that provide thirty (30) days visa-free for foreign nationals from most countries in the world. Foreigners who stay longer than the visa visit period will be subject to a maximum criminal penalty of five (5) years and a maximum fine of Rp. 500,000,000 or equivalent to USD 37,000, so by having a KITAS, foreigners can avoid the risk of criminal penalties.
Three (3) types of ITAS/KITAS are common in Indonesia:
1. Work Permit
Foreign nationals who wish to apply for a work permit need to submit a sponsorship letter from a company or organization that is officially registered in Indonesia.
2. Spouse Visa KITAS
Foreigners who are legally married to Indonesian citizens can register their ITAS/KITAS in the form of a partner visa. An official marriage certificate (Certificate of No Impediment to Marriage) from the Indonesian government is a mandatory requirement in applying for a stay permit. Valid for up to five (5) years with Multiple Exit and Re-Entry Permit facilities.
3. KITAS Visa for the Elderly
This visa is specifically not intended for foreign business owners or entrepreneurs who wish to settle in Indonesia. This type of Indonesian KITAS is beneficial for foreigners who are fifty-five (55) years of age or older and wish to spend their retirement period in Indonesia. To apply for an elderly visa, foreigners can visit Indonesia first using a tourist visa. After staying for about one month, foreigners can apply for an elderly visa.
Process of Getting KITAS:
- Apply to the head of the immigration office or the designated immigration official according to the applicant’s area of stay. The application can be submitted by the foreigner himself or his guarantor.
- Complete the requirements, both general and special requirements according to the needs of the temporary stay.
- KITAS application no later than thirty (30) days after receipt. If you pass, a fee will be charged according to the applicable provisions.
- After the requirements submitted have been checked and their legitimacy confirmed, the head of the immigration office or immigration officer will issue a KITAS for a maximum of four (4) days.
To simplify the process of issuing visas and stay permits, Regulation of the Ministry of Law and Human Rights No 16 of 2018 has been issued. With this rule, this card can be given to foreign workers at certain immigration checkpoints. The trick is to provide an entry sign as well as a KITAS or provide an electronic KITAS.
The validity period of this card is up to two (2) years and can be extended for another two (2) years with a maximum stay in Indonesia of not more than six (6) years using this document. Especially for foreigners who work in Indonesia, ninety (90) days can also be extended. However, the total number of stay permits in Indonesia is not more than one hundred and eighty (180) days. Permanent Stay Permit Cards (KITAP) can be given to foreign KITAS holders who are clergy, workers, elderly, or investors. KITAS holders due to marriage can also apply for a KITAP after a certain period.
To make a change or transfer of a guarantor or sponsor, it is necessary, among other things, to attach a statement from the old sponsor stating that he has no objection to the foreigner concerned about transferring sponsors and working for the new sponsor. Completion of the transfer of sponsors is carried out by the head of the immigration office after obtaining approval or decision of the director general of immigration by doing the following things:
- Cancel the old immigration stay permit and issue a new immigration stay permit as a gift for the first
- Affix the company stamp and record as well as the number and date of the approval letter or decision of the director general of immigration on the national passport or travel document and foreigner’s registration book.
Extension of Stay Permit
| Stay Permit | Period | Remarks |
| Visit stay permit originating from a one (1) trip visit visa | 60 days | Granted via visa |
| Extension of stay permit for the 1st visit for a maximum period of sixty (60) days | 60 days | Given at the immigration office |
| Extension of stay permit for the 2nd visit for a maximum period of sixty (60) days | 60 days | Given at the immigration office |
Table 1. One Trip Visit
| Stay Permit | Period | Remarks |
| Visit stay permit originating from a visit visa on arrival | 30 days | Granted via visa |
| Extension of a visit stay permit originating from a visit visa on arrival | 30 days | Given at the immigration office |
Table 2. Visa on Arrival
Second Home Visa
The Directorate General of Immigration, Ministry of Law and Human Rights of the Republic of Indonesia officially launched the second home visa policy. This policy is stated in Circular Letter Number IMI-0740.GR.01.01 of 2022 concerning Granting of Visas and Limited Stay Permits for Second Homes.
Application for a second home visa can be done easily through the website-based application visa-online.imigration.go.id. The required document requirements are:
- Valid national passport and valid for at least thirty-six (36) months.
- Proof of Fund in the form of an account owned by a foreigner or guarantor with a value of at least Rp. 2,000,000,000 (Two Billion Rupiah) or equivalent.
- Recent color passport photo with size 4×6 cm with white background.
- Curriculum Vitae.
Read More: Indonesian Foreign Policy “Bebas-Aktif” Since Soekarno
In conclusion, every Indonesian citizen has the right to enter and exit the Indonesian Territory. A visa from the Republic of Indonesia means a written statement given by an authorized officer at Indonesia Missions Abroad or other places determined by the Government of the Republic of Indonesia obtaining approval for a Foreign National to travel into Indonesian Territory and a prerequisite for granting a stay permit. To perform the immigration function, the government establishes an immigration policy which is carried out by the Minister.
See you in another time, readers!
References:
Law of the Republic of Indonesia Number 6 of 2011 concerning Immigration is partially revoked by Law Number 1 of 2023 concerning the Criminal Code.
KITAS Indonesia: Panduan Lengkap Mendapatkan Izin Tinggal di Indonesia. Cekindo. 2022. https://www.cekindo.com/id/blog/panduan-lengkap-kitas.
Muhammad Fijar Sulistyo. 4 Perbedaan Visa dan Izin Tinggal yang Harus Diketahui. Direktorat Jenderal Imigrasi. 2021. https://www.imigrasi.go.id/id/2021/08/10/4-perbedaan-visa-dan-izin-tinggal-yang-harus-diketahui/.
Niko Ramadhani. Jenis dan Fungsi Kartu Izin Tinggal Sementara (KITAS). Akseleran. 2020. https://www.akseleran.co.id/blog/kitas/.
Perpanjangan Izin Tinggal Kunjungan. Direktorat Jenderal Imigrasi. https://www.imigrasi.go.id/id/perpanjangan-izin-tinggal-dengan-visa-kunjungan-saat-kedatangan/.
Siaran Pers: Ditjen Imigrasi Resmi Luncurkan Aturan Second Home Visa. Direktorat Jenderal Imigrasi. 2022. https://www.imigrasi.go.id/id/2022/10/25/siaran-pers-ditjen-imigrasi-resmi-luncurkan-aturan-second-home-visa/.
Sovia Hasanah. Tata Cara Perubahan Sponsor Bagi WNA Pemegang KITAS. Hukum Online. 2018. https://www.hukumonline.com/klinik/a/tata-cara-perubahan-sponsor-bagi-wna-pemegang-kitas-lt5aa09e8a30448.
Image source: pixabay.com
Editor: Bambang Sukoco, S.H.
