New Provisions on the Requirements and Procedures for Obtaining Visitor Visas and Limited-Stay Visas

The Ministry of Law and Human Rights (“Ministry”) has issued Regulation No. 24 of 2016 on Technical Procedures for the Requesting and Issuance of Visitor Visas and Limited-Stay Visas (“Regulation 24/2016”).
 
The Regulation 24/2016 implements Article 108 of Government Regulation No. 31 of 2013[1] on the Implementation of Law No. 6 of 2011 on Immigration (“Government Regulation”),[2] which required further provisions to be set out on technical procedures for the requesting and issuance of visitor visas and limited-stay visas.
 
The Regulation 24/2016 is of relevance to foreign citizens who wish to enter Indonesia, as well as to their sponsors (penjamin).
 
Visa Characteristics
 
In general, the Government Regulation stipulates that all foreigners who are intending to travel to Indonesia should be in possession of valid visas.[3] The Regulation 24/2016 then specifies that such visas should either be a visitor visas or a limited-stay visas, on the condition that:[4]
 

a.	Each foreign citizen may only possess either one of these visas;
b.	Foreign citizens from certain countries are exempt from the obligation to secure visitor visas, as set out under Presidential Regulation No. 21 of 2016.

 
The characteristics of each visa are as detailed in the table below:
 

Type of Visa		Maximum Duration	Purposes
Visitor Visa[5]	For single visits[6]	60 days	The purposes of each type of visa differ, as listed in Paragraph (2) of Articles 6 to 8 of the Regulation 24/2016 (e.g. tourism, family affairs, social, cultural and artistic reasons)
	For several visits[7]	5 years (60 days for each visit)
	On arrival[8]	30 days
Limited-stay Visa[9]	Work purposes	a. 2 years; b. 1 year; c. 6 months; d. 90 days; or e. 30 days.     The periods set out in points (a) to (c) are applicable to parties entering Indonesia for non-working purposes, as well as experts and members of the clergy.[10]   Meanwhile, the periods set out in points (d) and (e) are applicable to parties entering Indonesia for the purposes of work, as listed under Article 23 (3) of the Regulation 24/2016.	As listed under Article 22 (2) of Regulation 24/2016 (e.g. working as experts or as a member of the clergy, filmmaking purposes)
	Non-work purposes		a. Foreign direct investment; b. Training and scientific research; c. Education; d. Family integration (e.g. marriage); e. Repatriation of citizens; and f. Tourism for elder foreign citizens.[11]

 
Foreign citizens who have been approved by the Director General of Immigration (“Director General”) or by an appointed immigration officer, may also secure limited-stay visas for the purpose of working on an arrival basis at certain immigration checkpoints, as determined by the Ministry (e.g. seaports, airports). Such visas are valid for a period of one month only.[12]
 
Required Documents
 
Visitor visas and limited-stay visas are issued upon request, and any such requests should be submitted either manually or electronically via the Immigration Management Information System.[13] Along with a request, foreign citizens (applicants) must also submit a number of documents, which differ, based on the type of visa and on the type of applicant concerned.[14]
 
In general however, the documents that have to be submitted encompass the following:
 

a.	Passport which is still valid for 6, 12, 18 or 30 months;
b.	Endorsement letter from a sponsor;
c.	Evidence that the applicant is in possession of sufficient living expenses to cover themselves and/or their families during their stay in Indonesia. The minimum amounts of such expenses vary from USD 1,500 – USD 35,000 or AUD 5,000;[15] and
d.	Two passport photos (4cm × 6cm), (elder tourists are exempt from this requirement).

 
It should also be noted that foreign citizens are required to first secure written approval from the Director General before they submit any request to secure a visitor visa, if they meet any of the following criteria:[16]
 

a.	Are stateless;
b.	Possess types of travel document other than passports;
c.	Are entering Indonesia for journalistic, filmmaking, training or audit/inspection purposes; or
d.	Are foreign-worker candidates undergoing fit-and-proper tests.

 
Procedures for Securing Visas
 
Similar to the types of documents which are required, the mechanisms for the processing of such documents also differ and can be divided into the following:[17]
 

a.	Mechanism for visitor-visa requests submitted by foreign citizens at Indonesian diplomatic representative offices,[18] with or without approval from the Director General;
b.	Mechanism for visitor-visa requests submitted by a foreigner citizen’s sponsor to the Director General;
c.	Mechanism for visitor-visa-on-arrival requests;
d.	Mechanism for limited-stay visa requests submitted by a foreign citizen’s sponsor to the Director General;
e.	Mechanism for limited-stay visa requests submitted by foreign citizens to the Director Genera via appointed immigration officers at Indonesian representative offices;
f.	Mechanism for on-arrival, limited-stay visa requests submitted to the Director General; and
g.	Mechanism for limited-stay visa requests for the purpose of working during a vacation.

 
In general, visitor-visa requests will be processed and granted by the following parties:[19]
 

a.	Immigration officers at Indonesian representative offices: for one-time or multiple visitor visas; or
b.	Immigration officers at immigration checkpoints: for on-arrival visitor visas and four stamps evidencing visitor-visa exemptions.

 
Meanwhile, requests for limited-stay visas will first be reviewed by appointed immigration officers. Such officers are authorized to approve the documents or forward the review results to the Ministry. Once approved by either authority, immigration officers at the relevant Indonesian representative office will then issue the visa within four days of receiving the approval.[20]   
 
Note that all of the aforementioned visas must be utilized within a period of no longer than 90 days from their issuance date, or they will be invalidated.[21]
 
Rejections of Visa Requests
 
Immigration or foreign-affairs officers may reject requests to secure any of the aforementioned visas, if such requests are submitted by foreign citizens who meet any of the following criteria:[22]
 

1.	Are listed on an immigration blacklist;
2.	Are not in possession of the following: a) Valid travel documents; b) Sufficient savings to cover their living expenses during their stays in Indonesia; c) Onward tickets for either a return to their country of origin or travel to another country; d) Permission to return to their countries of origin or valid visas for travel to other countries;
3.	Are suffering from infectious diseases, mental disorders or other health conditions that may prove harmful to public health and order;
4.	Are involved in organized transnational crimes which could endanger Indonesian unity; and/or
5.	Are participants in acts of prostitution, human trafficking or human smuggling networks.

 
If any of the above holds, then the relevant officers are required to issue a rejection letter (without having to state the reasons for the rejection). All such rejections must be recorded on the Immigration Management Information System and the Director General should also be notified.[23]
 
Visa Cancellations
 
Any of the aforementioned visas may be cancelled, based on the following reasons:[24]
 

1.	The foreign citizens in question: a) Have been convicted for conducting criminal acts towards/within Indonesia; b) Are listed on an immigration blacklist; c) Are involved in organized transnational crimes which could endanger Indonesia’s national unity;
2.	The foreigners citizens: a) Undertake any activity which is considered dangerous or which jeopardizes notions of public safety and order; b) Are found to have participated in acts of prostitution, human trafficking or human smuggling networks; 3) Violate Indonesian laws and regulations; and/or
3.	The cancellation is requested by the promoter or immigration officers at a relevant Indonesian diplomatic representative office.

 
In order to cancel a given visa, the Director General or immigration officers at Indonesian diplomatic representative offices must first issue a cancellation letter which will be delivered to the foreign citizens in question or to their sponsors (such letters do not have to specify any reasons for the cancellation). The cancellation should then be recorded within the Immigration Management Information System.[25]
 
The Regulation 24/2016 has been in force since 19 October 2016._RP