IMPACT – MEDIUM

The Indonesian government has reduced its testing and quarantine requirements for Indonesian citizens and foreign nationals.

Key Points:

  • To enter the country as of Nov. 2, Indonesian nationals must follow these health requirements:
    • Take a PCR test upon arrival.
    • Quarantine for five days if they have received one dose of a COVID-19 vaccine or for three days if they are fully vaccinated.
    • Take a PCR test on the fourth day of quarantine for those with a five-day quarantine or on the third day of quarantine for those with a three-day quarantine.
  • Foreign nationals who are not fully vaccinated are not allowed to enter Indonesia; eligible fully vaccinated foreign nationals can enter the country if they follow the above health requirements.

BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT – MEDIUM

The Indonesian government updated health protocols and entry requirements for foreign nationals traveling to the country.

Key Points:

  • To be enter the country, foreign nationals must:
    • Show physical or digital proof that they have been fully vaccinated against COVID-19 for at least 14 days before departure for the country.
    • Have proof of a negative PCR test taken within 72 hours of departure for the country.
    • Quarantine for five days at a government-designated facility.
    • Register their health and travel information on the PeduliLindugi application.
  • Those who hold diplomatic visas, are under the age of 18, or have special health conditions are exempt from the vaccination requirements.

Additional Information: Indonesia recently lifted an entry ban that prohibited entry to foreign nationals who had been in India within 14 days of arrival. Those traveling from India will now be permitted to enter provided they meet other entry criteria. Indian passport holders who are planning to fly directly from India should confirm with their airlines whether they must transit through a third country.

BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT – HIGH

The Indonesian government has announced new travel measures for foreign nationals with valid visas/permits and those who work in certain jobs.

Key Points:

  • Foreign nationals holding the following visas or permits will be allowed to enter Indonesia through designated immigration checkpoints after undergoing the required health protocol procedures:
    • Temporary stay permit (ITAS) or Permanent Stay permit (ITAP).
    • Electronic Visa (E-visa).
  • The same is true for foreign nationals working in the following roles:
    • Medical, food and humanitarian aid workers.
    • Crew members.
    • Foreign nationals working at vital strategic projects, vital national objects, or strategic national projects.
  • Foreign nationals in these job categories will be required to obtain a letter of recommendation from the relevant ministry/institution in Indonesia to be presented to the Immigration officer upon arrival.

Additional Information: Foreign nationals who have extended their visitor stay permit four times without exceeding 180 days, and ITAS holders who are not eligible to apply for a renewal ITAS are required to apply for a new stay permit through the onshore E-visa process. They will not be required to attach their reverse transcription polymerase chain reaction (RT-PCR) results to their application, but will be required to attach a declaration stating that they will undergo treatment at their own expense if they contract COVID-19 during their stay in Indonesia.

Analysis & Comments: The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

 

IMPACT – HIGH

Indonesia’s government recently passed the Job Creation Law, which impacts work permits and visas for foreign nationals.

Key Points:

  • Manpower Utilization Plan. The Rencana Penggunaan Tenaga Kerja Asing (RPTKA) is the preliminary work permit approval, which must be obtained from the Ministry of Manpower (MoM) for foreign nationals planning to work in Indonesia. The Job Creation Law has expanded a previous exemption to the preliminary work permit approval for foreign nationals working as Diplomatic and Consular officers to also cover foreign nationals working as:
    • A director or commissioner of an Indonesian company who also holds certain ownership shares or who is a shareholder of such a company pursuant to the applicable laws and regulations.
    • Employees that are necessary for an employer whose company’s production activities are ceased due to conditions such as an emergency, an employer in a vocation industry, an employer operating a technology-based start-up company or an employer in a business visit or research industry.
  • Work Permits. The Job Creation Law has removed the requirement for employers to apply for a work permit, also known as Izin Mempekerjakan Tenaga Kerja Asing (IMTA), as RPTKA approval is already sufficient. This removal was initiated by the Government through a Presidential Decree in 2018 and it is now being accommodated into the Job Creation Law.
  • Application Procedures. The Job Creation Law has resulted in changes in the current visa and permits application procedures, such as the biometric data retrieval process and issuance of the Limited Stay Permit, also known as Izin Tinggal Terbatas (ITAS) in the airport as well as the issuance of an electronic visa to replace the visa sticker.
    • Visit visas. The government has added a pre-visit for investment purposes or “pre-investment” into the list of activities for foreign nationals eligible to visit Indonesia using a Visit Visa.
    • Second home visas. The law abolished the “elderly visitor” visa and replaced it with a new “Second Home” visa, which may be given to foreigners and their family members to stay in Indonesia. The “Second Home” visa is given in the form of a Limited Stay Visa/Permit, which can be valid for five or 10 years under certain conditions and can later be upgraded to a Permanent Stay Visa/Permit.
    • Guarantor. To enhance the current investment climate and entice new investors to Indonesia, the law has added two types of foreign nationals eligible to apply for visas in the absence of a guarantor: (1) foreign nationals who are investing in Indonesia and can satisfy the criteria stipulated in the relevant regulations and (2) foreign nationals of a country having a reciprocal agreement with Indonesia for a guarantor. These two exemptions are in addition to the current exemption for foreign nationals who are legally married to an Indonesian citizen.
    • Immigration Guarantee. The law introduced a new concept of immigration guarantee, which is mandatory for foreign nationals investing in Indonesia. The details of this guarantee will be stipulated under the implementing regulations.
  • Implementing Regulations. The law stipulates that implementing regulations should be released within three months and currently several draft regulations are already publicly accessible for review and feedback.

Analysis & Comments: Aside from the new types of visas being introduced and the RPTKA exemption for certain foreign nationals, the Job Creation Law mostly memorialized provisions that were implemented by the Government for the last couple of years, including the omission of the work permit, the process of a limited stay permit in the immigration checkpoint and the issuance of an electronic visa. Additional regulations are expected, and Deloitte will provide updates on key developments as information becomes available.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

The Directorate General of Immigration has released a set of updates relating to the recent launch of eVisa Indonesia.

Key Points:

  • According to the Regulation of Minister of Law and Human Rights No. 26 of 2020, eVisas will be used to replace the current visa labels or stickers.
  • Under this scheme, travelers will no longer be required to collect their visas in person at Indonesian Embassies or representative offices overseas, as the visas will be sent to their email addresses. To access the online eVisa Indonesia application, please click here.

Analysis & Comments: Allowing travelers to use eVisas will make their visa application process more convenient. Deloitte will provide additional updates on the eVisa program as further information becomes available.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

Singapore and Indonesia recently announced the implementation of a reciprocal green lane for cross-border travel.

Key Points:

  • The new reciprocal green lane between the two countries will be for essential business and official purpose cross-border travel.
  • Travelers may apply to use the reciprocal green lane beginning Oct. 26. Singaporean citizens and residents and Indonesian citizens are eligible to apply.
  • Travelers who are approved to use the green lane must follow COVID-19 prevention and public health measures established by Singapore and Indonesia. These measures include pre-departure and post-arrival COVID-19 swab tests conducted at health institutions recognized by both countries.
  • Additional details on the green lane are expected soon.

Background: Singapore agreed to implement a reciprocal green lane with Malaysia in August.

Analysis & Comments: The new reciprocal green lane between Singapore and Indonesia will allow limited travel between the two countries. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

The Directorate General of Immigration has announced several changes effective from July 13.

Key Points:

  • ITAS and ITAP holders currently residing in Indonesia and holding a valid Stay Permit can now apply to extend their Stay Permit at an immigration office.
  • ITAS and ITAP holders currently residing overseas, who have been granted the required letter from the relevant agency or board, and those applying for the family reunion ITAS/ITAP, can return to Indonesia and extend their Stay Permit at a local immigration office from July 13. However, if they fail to extend their visa within the 60-day grace period, they will need to apply for a new visa.

Additional information: Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.

IMPACT – HIGH

The Investment Coordinating Board (BKPM), Ministry of Manpower, and Ministry of Law and Human Rights have agreed to allow foreign nationals, other than those permitted to enter Indonesia under the Regulation of Minister of Law and Human Rights No. 11 of 2020, to apply for new work permits and enter Indonesia.

Key Points:

  • Foreign nationals who wish to apply for a new work permit must have a Support Letter (Surat Dukungan) from the BKPM, and attach this to their applications for the Foreign Manpower Utilisation Plan (RPTKA) and Notification (or work permit) to the Ministry of Manpower. To obtain the Support Letter, the sponsoring company must submit a request letter to the BKPM.
    The request letter must:

    • Be addressed to the Head of BKPM.
    • Be signed by senior management (President Director/Managing Director/Director/CEO).
    • Provide the contact number of the contact person/person-in-charge for the application (an active mobile phone number is preferred).
    • Explain the urgency to hire the foreign national during the COVID-19 pandemic.
    • Provide details of the company’s investment activities (total investment value and project location) in relation to the hiring.
    • Provide details of the Indonesian Manpower Employment Plan.
    • Provide the company profile and details of the foreign national (e.g., name, valid passport number, nationality, and position pursuant to applicable regulations).
    • Confirm that both the sponsoring company and the foreign national are willing to follow the required health protocols in order to prevent the spread of COVID-19.

Additional information: The request letter, together with supporting documents, must be submitted in hard-copy format to the BKPM Administrative Division (Tata Usaha) located at the BKPM Office, Ismail Saleh Building 2nd Floor, Jalan Gatot Subroto Kav. 44, South Jakarta.

If the application is approved, BKPM will issue the Support Letter within two working days. The applicant must then collect the Support Letter from the BKPM Administrative Division at the BKPM Office.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.

IMPACT – HIGH

The Directorate General of Immigration has announced that immigration offices are now open for some services for foreign nationals.

Key Points:

  • The following services are now available:
    • Change of status for an immigration Stay Permit application.
    • New Temporary Stay Permit (ITAS) issuance.
    • Immigration Certificate of Residency (SKIM) issuance.
    • Indonesian dual citizenship and immigration facility application.

Emergency Stay Permits will also remain valid until further notice.

Background: Strict health protocols are in place for applicants visiting immigration offices, including wearing a face mask, washing hands and practicing physical distancing. Applicants will also be required to undergo temperature checks at the office entrance.

Additional information: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.

IMPACT – HIGH

Indonesia has announced several health protocols for foreign nationals entering the country in order to mitigate the spread of COVID-19.

Key points:

  • From May 7 onwards, foreign nationals must:
    • Have a Fit to Fly certificate in English or a valid medical certificate granted seven days before arriving.
    • Wear a face mask.
    • Present a statement of compliance to obey the required quarantine procedures in Indonesia.
  • Foreign nationals are also subject to the following medical protocols:
    • Rapid test and/or polymerase chain reaction (PCR). This is not required for individuals with a valid medical certificate showing a negative COVID-19 PCR result.
    • An interview.
    • Temperature check and other relevant tests.
    • Oxygen saturation test.
  • Foreign nationals will be granted health clearance, Health Alert Card and travel permit if they have negative COVID-19 rapid test results and demonstrate no signs of symptoms or comorbidity. They are required to submit their health clearances to the relevant embassy, and a local health agency will monitor them. They must also enter 14-day self-quarantine.
  • Those with reactive rapid test results and comorbidity will enter into isolation at a designated hospital. Foreign nationals with reactive rapid test results and no comorbidity will be deported.

Background: Indonesia suspended flights and entry for travellers from mainland China in February. Travel restrictions were expanded in March and the visa-exemption policy was suspended. Most foreign nationals were banned from entering the country in the beginning of April, and new temporary travel restrictions were implemented at the end of April.

Analysis & Comments: The new health protocols for foreign nationals will impact the movement of people into Indonesia, and delays should be expected. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.