In recent years, Indonesia has undergone significant regulatory changes to enhance its attractiveness as a destination for foreign investment and talent. Key changes include amendments to the visa regulations impacting foreign corporation representatives. This article will provide a detailed comparison between the original visa regulations under the Minister of Law and Human Rights Regulation No. 22 of 2023 on Visas and Residence Permits ("Regulation 22/2023") and the recent amendments introduced through the Minister of Law and Human Rights Regulation No. 11 of 2024 ("2024 Amendment"). We aim to provide a comprehensive understanding of the evolving legal landscape for visas and stay permits in Indonesia.

How Broad is the Scope of Regulation 22/2023?

Regulation 22/2023 encompasses a wide range of matters related to the issuance of visas and stay permits, including:

• Limited-Stay Visas (Visa Tinggal Terbatas, or “VITAS”);
• Limited-Stay Permits (Izin Tinggal Terbatas, or “ITAS”);
• Permanent-Stay Permits (Izin Tinggal Tetap, or “ITAP”); and
• Re-entry Permits.

Their focus is on facilitating foreign nationals who contribute to Indonesia’s economic development, particularly individual and corporate investors.

Key Provisions of Regulation 22/2023

1. Golden Visa Policy: Introduced to attract foreign investment, the Golden Visa allows for capital investments, family regroupings, and establishing second homes in Indonesia. These visas could be issued for periods of 5 (five) or 10 (ten) years, depending on the nature of the investment or purpose of stay.

2. Immigration Guarantees and Commitment Evaluations: These provisions were set to ensure that foreign nationals provided adequate financial and legal guarantees to support their stay and investment in Indonesia.

3. Expanded Categories and Requirements: The regulation expanded the categories of visas and detailed the requirements for each, including necessary documentation and the processes for application and renewal.

Original Regulation Table Summary

What does the 2024 Amendment Change?

The changes and clarifications introduced by the 2024 Amendment brought several key changes aimed at improving the clarity and efficiency of the visa issuance process. The amendments address procedural adjustments, new categories, and revised requirements for various visa types.

Key Changes in the 2024 Amendment

1. Expanded Visa Forms and Types: The new regulation allows visas to be issued in both sticker and electronic forms, enhancing flexibility and accessibility for applicants.

2. Revised Requirements for Foreign Corporation Representatives: The amendments specify that representatives of foreign parent companies visiting or assigned to Indonesian branches or subsidiaries must provide an immigration guarantee from their company, committing to a minimum investment of USD 25 million in Indonesia.

3. New Validity Periods for Multiple-Trip Visas: The amendments introduce additional validity periods for multiple-trip visas, ranging from 60 (sixty) days to 10 (ten) years, to better accommodate the varying needs of foreign nationals.

How does Regulation 22/2023 and the 2024 Amendment Compare?

What are the Benefits of the Recent Amendment? 

1. Streamlined Processes: The introduction of electronic visas and new validity periods for multiple-trip visas simplify the application and renewal processes for foreign nationals.

2. Enhanced Investment Opportunities: By setting clear investment criteria and commitment requirements, the amendments attract substantial foreign investment, benefiting Indonesia’s economy.

3. Greater Flexibility for Families: The revised family regrouping provisions make it easier for foreign nationals to reunite with their families, fostering a more inclusive environment for expatriates.

4. Support for Cultural and Artistic Activities: New provisions for visas related to artistic, cultural, and non-commercial sporting activities support Indonesia’s cultural diversity and international engagement.

What is the Outlook for the Future?

The amendments to Indonesia's visa regulations mark a significant step forward in enhancing the country's attractiveness to foreign investors and expatriates. By comparing the original Regulation 22/2023 with the 2024 Amendment, it is evident that the Indonesian government is committed to creating a more efficient, transparent, and investor-friendly environment. These changes not only benefit foreign nationals but also contribute to Indonesia's broader economic and social development goals.

The detailed adjustments in visa types, requirements, and validity periods reflect a comprehensive approach to addressing the needs of various stakeholders, ensuring that Indonesia remains a competitive destination for global talent and investment.

Should you have any inquiries related to this regulation or wish to ascertain its impact on your business or personal interests, please feel free to contact us.