06 Apr 2020
Government Temporarily Bans Most Foreign Nationals from Entering Indonesia

In response to the Covid-19 crisis, the President officially declared a public health emergency on March 31 through the issuance of Presidential Decree No. 11 of 2020, which mandates all government institutions to take whatever measures are necessary to contain the spread of the virus.

The Minister of Law and Human Rights has acted on this by issuing Regulation No. 11 of 2020 (“Reg. 11”),[1] which imposes a temporary prohibition on most non-Indonesian nationals from entering or transiting Indonesia.

Reg. 11, which entered into effect on 2 April 2020, provides exemptions for non-Indonesian nationals who:

1. hold limited residency permits or permanent residency permits;

2. hold diplomatic visas or service visas (note: a “service visa” is defined by Reg. 11 as a “visa that is issued to a non-Indonesian national who holds a service or similar type of passport and who is on an official assignment of a non-diplomatic nature in Indonesia);

3. hold diplomatic residency permits or service residency permits;

4. are engaged in medical, food or humanitarian relief work;

5. are transportation crewmembers; and

6. are working on national strategic projects.

However, an exempted individual may only enter Indonesia if they fulfill the following requirements:

1. presentation of a health certificate(negative for Covid-19) in English issued by an overseas health authority;

2. the individual was in a non-Covid-19 affected country for 14 days prior to their arrival in Indonesia;

3. the individual is willing to undergo a 14-day quarantine period as directed by the Indonesian government.

The way in which these 3 requirements are stated in Reg. 11 would suggest that they are to be applied cumulatively. However requirement #2 above would make it virtually impossible for an exempted person to enter Indonesia given that there are almost no countries that are currently unaffected by Covid-19. Thus, we expect that in practice the 3 requirements will be applied as alternatives, or at least flexibly.

A non-Indonesian national who is in Indonesia and whose temporary visit permit, limited residency permit or permanent residency permit has expired or cannot be extended will automatically be granted an emergency visit permit or emergency residency permit, as the case may be, without needing to submit an application for such to the immigration authorities. Such emergency permits, which are free of charge, shall remain valid until the Covid-19 pandemic is officially declared over by the authorities.

Should you have any queries or require legal advice on how you can best protect your interests during this time of uncertainty, please contact the persons below, call us on +6221-2505125 or email us at info@abnrlaw.com.

Mr. Emir Nurmansyah (enurmansyah@abnrlaw.com)

Mr. Nafis Adwani (nadwani@abnrlaw.com)

Mr. Agus Ahadi Deradjat (aderadjat@abnrlaw.com)

[1] Minister of Law and Human Rights Regulation No. 11 of 2020 on the Temporary Prohibition on Non-Indonesian Nationals from Entering the Territory of the Republic of Indonesia (Peraturan Menteri Hukum dan Hak Asasi Manusia Republik Indonesia No. 11 Tahun 2020 Tentang Pelarangan Sementara Orang Asing Masuk Wilayah Negara Republik Indonesia).

This ABNR News and the contents hereof are intended solely to provide a general overview, for informational purposes, of selected recent developments in Indonesian law. They do not constitute legal advice and should not be relied upon as such. Accordingly, ABNR accepts no liability of any kind in respect of any statement, opinion, view, error, or omission that may be contained in thislegalupdate. In all circumstances, you are strongly advised to consult a licensed Indonesian legal practitioner before taking any action that could adversely affect your rights and obligations under Indonesian law.