A Comprehensive Guide to Obtaining a Work Visa in Indonesia
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A Comprehensive Guide to Obtaining a Work Visa in Indonesia
August 2024
One Asia Lawyers Indonesia Office
Koji Umai, Lawyer (Japan)
Prisilia Sitompul, Lawyer (Indonesia)
1. Introduction
For a foreigner to work in Indonesia, several approvals from various government agencies are required, including a work visa, a stay permit, and a work permit. Additionally, complex procedures such as the preparation of a Foreign Worker Utilization Plan (“RPTKA”) are necessary to prove the legitimacy of employing the foreign national.
In this regard, during the COVID-19 pandemic, the regulations concerning visas and entry permits in Indonesia were frequently revised. However, now that the pandemic has subsided, the issuance of visas and stay permits for foreigners is governed by the Minister of Law and Human Rights Regulation No. 22 of 2023, as partially amended by Regulation No. 11 of 2024 (“MLHR 22/2023“).
This newsletter will explain the basic regulations regarding visas as stipulated in MLHR 22/2023.
2. Types of Visas
(a) Visitor Visa
Indonesian visas are categorized into visitor visas, which are intended for temporary visits, and temporary stay visas, which are intended for purposes such as employment within Indonesia.
Among these, the visitor visa is issued in the form of a sticker or an electronic visa (Article 5A, paragraph 1).
(b) Limited Stay Visa
The Temporary Stay Visa is issued for purposes such as employment or non-employment activities and can be obtained electronically (Article 33, Paragraph 1). If engaging in employment in Indonesia, it is necessary to obtain this Temporary Stay Visa prior to entry.
3. Index Types of Limited Stay Visas
Visas in Indonesia are distinguished by their respective indexes. Previously, the index for visas applicable to employment activities was C312; it has now been changed to E23 – E25. Additionally, within each index number, there are further subdivisions for specific types of business activities.
4. Application Procedures
For a foreigner to work in Indonesia, a sponsor based in Indonesia is required. Typically, the employer in Indonesia acts as the sponsor and handles tasks such as submitting the RPTKA to the Ministry of Manpower. Additionally, from this year onwards, visa applications must be made through a new immigration system called Molina. However, as the current operation of this system is quite opaque, it is necessary to continually check for the latest information and proceed accordingly.
5. Types of Stay Permit
In addition to the visas mentioned above, a separate stay permit is required for residing in Indonesia. The types of stay permits include visit stay permits, temporary stay permits, and permanent stay permits. This section will mainly discuss the temporary stay permit and the permanent stay permit, which are of primary concern.
(a) Temporary Stay Permit / Izin Tinggal Terbatas (ITAS)
Definition: The Temporary Stay Permit, known as ITAS, is defined as a permit allowing foreigners to reside in Indonesia for a specified period (Article 1, Paragraph 15).
Acquisition Method: As previously mentioned, foreigners engaging in employment in Indonesia must obtain a Temporary Stay Visa before entering the country. Upon entry, they must apply for ITAS at the local immigration office. After certain reviews and procedures at the office, the immigration office will stamp the passport and issue the ITAS. Previously issued on paper, the ITAS is now provided online in PDF format (Article 106, Paragraph 5).
Validity: ITAS is valid for up to 10 years. However, for work purposes, commonly used by foreign-invested companies, ITAS is available in durations of 180 days, 1 year, or 2 years (Article 105, Paragraph 1).
(b) Permanent Stay Permit / Izin Tinggal Tetap (ITAP)
Definition: The Permanent Stay Permit, known as ITAP, is defined as a permit allowing specific foreigners to permanently reside and settle in Indonesia (Article 1, Paragraph 16). It is treated similarly to a permanent residency, but it is important to note that renewal procedures are necessary, and a separate permit is required for employment.
Eligible Applicants: ITAP is available to individuals such as investors who have established companies in Indonesia or representatives of foreign-invested companies (Article 120, paragraph 1, letter c).
Acquisition Method: In principle, it is required that the applicant already holds a stay permit. The process involves changing the status to ITAP.
Validity: The ITAP is valid for 5 years (Article 121, paragraph 1) and can be indefinitely extended unless revoked (Article 128, paragraph 1).
6. Conclusion
Obtaining permission for foreigners to work in Indonesia involves navigating a complex process that includes acquiring a work visa, stay permit, and work permit. Recent regulations, including MLHR22/2023, have introduced online procedures aimed at simplifying the process. However, the increased subdivision of index numbers has made it particularly challenging for foreign companies to understand. There have been instances where penalties have been imposed by authorities for failing to obtain the necessary visas, stay permits, and work permits. Therefore, it is crucial to stay updated on the latest regulations. Additionally, since both the legal framework and its practical application are important, consulting with a local law firm or similar entity is recommended if there are any uncertainties.
