LEGAL UPDATES BY BEPARTNERS
Development on Work and Stay Permit During the COVID-19 Pandemic
30 September 2021

The rapid fall in the number of COVID-19 cases in Indonesia has resulted in the easing of travel restrictions for foreigners wishing to enter the country. As of 17 September 2021, the Ministry of Law and Human Rights ("MoLHR") has issued a MoLHR Regulation No. 34 of 2021 regarding the Granting of Visa and Immigration Stay Permits During Period of Corona Virus Disease 2019 (COVID-19) and The National Economic Recovery ("MoLHR Regulation 34/2021"). The regulation was issued with the underlying aim to support the nation’s economic recovery whilst also managing the COVID-19 pandemic by taking into account the global spread of the virus. The Indonesian government believes it is necessary to make adjustments in the granting of Immigration Visas and Stay Permits; and so with the issuance of the MoLHR Regulation 34/2021, adjustments on the foreigner travel ban and restrictions on the issuance of entry visas have been implemented.

 

The issuance of MoLHR Regulation 34/2021 allows foreigners that hold a valid visa or Stay Permit to enter Indonesian territory through certain immigration checkpoints after fulfilling the health protocols set by the ministry or agency handling the containment of COVID-19.

 

According to MoLHR Regulation 34/2021, foreigners that hold the following visas are allowed to enter Indonesian territory:

 

  1. Service visa;
  2. Diplomatic visa;
  3. Visit visa;
  4. Limited residence visa;
  5. Official residence permit;
  6. Diplomatic Residence Permit;
  7. Limited Stay Permit; and
  8. Permanent Residence Permit

 

The MoLHR, however, is still temporarily withholding the granting of free visit passes and upon arrival visas until the COVID-19 pandemic is declared to be officially controllable by the Government of the Republic of Indonesia; they may also prohibit and deny entry to foreigners from certain countries with a high rate of COVID-19 infections.

 

Although the MoLHR and the Immigration Office have re-opened offshore visa applications. the Ministry of Manpower ("MoM") is still suspending the application of work permits for Foreign Workers ("TKA"). As of now, there is still no clear estimation as to when the MoM will re-open TKA's work permit application. Therefore, all companies that are required to apply for a work permit for their TKA will still be required to wait the development in regards to this matter.

 

Should there be any queries related to this regulation or to find out if this affects your business or personal interest, please do not hesitate to contact us.

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