19 Aug 2020
News Flash: Holders of Emergency Stay Permits Must Normalize Their Immigration Status by Sept. 20 or Face Sanctions

With the onset of the Covid-19 pandemic in Indonesia, Indonesia’s Government responded by issuing Minister of Law and Human Rights Regulation No. 11 of 2020 (effective 2 April 2020),[1] which essentially closed the country’s borders to most non-Indonesians.

Regulation 11 also recognized the difficulties that the holders of expiring Indonesian visas would face in leaving the country due to global travel restrictions by allowing them to temporarily remain in Indonesia based on Emergency Stay Permits (izin tinggal keadaan terpaksa / “ESP”) issued automatically by the Immigration Service.

The Director General of Immigration has now issued a directive[2] (effective 18 August 2020) requiring those benefiting from the ESP arrangement to normalize their immigration status before 20 September 2020.

What this means in simple terms is that if you found yourself stuck in Indonesia because of global border closures earlier this year and you held a Temporary Stay Permit (Izin Tinggal Terbatas / “ITAS”) or Permanent Stay Permit (Izin Tinggal Tetap / “ITAP”) that has since expired and cannot be extended, you will either need to apply for a new Limited Stay Visa (Visa Tinggal Terbatas / “VITAS”) or Visit Visa (Visa Kunjungan), or leave Indonesia by 20 September 2020 at the latest. If you fail to do so, then you will be deemed to have overstayed and will be liable to immigration sanctions, including daily fines and, ultimately, detention and deportation.

If you are the holder of an ITAS or ITAP that is still valid and may be extended, then you can extend it as normal at your local Immigration Service office. However, an ITAS or ITAP cannot be extended overseas. So, if you are not in Indonesia, you will need to return to Indonesia in order to extend your ITAS or ITAP. In this regard, ITAS and ITAP holders are exempt from the ongoing ban on foreigners entering Indonesia, although they still need to satisfy the prevailing health and quarantine requirements.

Should you have any queries on the above or require legal advice as to 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).

[2] Director General of Immigration Circular No. IMI-GR.01.01-0409 (Surat Edaran Dirjen Imigrasi Nomor IMI-GR.01.01-0409).

This edition of 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 herein. 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