“There are 4 (four) types of Visa in Indonesia where each Visa has its own terms and conditions. The abuse of the usage of visas will be subject to sanctions in Article 122 of the Immigration Act. The sanctions take the form of imprisonment for a maximum of 5 (five) years and a maximum fine of 500 million Rupiah.”
There are many reasons for foreigners to enter Indonesia. To provide every need of foreigners who want to enter Indonesia, there are several types of Visas.
Types of Indonesian Visa
Generally, there are 4 types of Indonesian visas regulated in the Regulation of the Minister of Foreign Affairs No. 6 of 2018 (“Regulation 6/2018“), Regulation of the Minister of Law and Human Rights No. 24 of 2016 (“Regulation 24/2016“), and Law No. 6 of 2011 concerning immigration as has been amended within Law No. 11 of 2020 concerning Job Creation (“Immigration Law“), namely, Diplomatic Visa, Service Visa, Limited Stay Visa and Visit Visa. Here is the explanation:
1. Diplomatic Visa
Based on Regulation 6/2018, a Diplomatic Visa is a type of visa granted to Foreign Citizens (WNA) holding diplomatic passports and other passports including family members to enter Indonesian territory to carry out diplomatic tasks based on international agreements, principle of reciprocity, and respect.
2. Service Visa
Based on Regulation 6/2018, Service Visa is a visa granted to foreigners holding official passports and other passports including their family members who will travel to Indonesian territory in the context of carrying out non-diplomatic official duties from the foreign government concerned or international organizations. The granting of Diplomatic Visas and Service Visas is under the authority of the Minister of Foreign Affairs and in its implementation is issued by foreign service officials at the Representatives of the Republic of Indonesia.
3. Limited Stay Visas
Based on Article 39 of Immigration Law, there are two categories in granting the type of Limited Stay Visa to foreigners:
- as clergy, experts, workers, researchers, students, investors, second homes, and their families, as well as foreigners who are legally married to Indonesian citizens (“WNI”) who will travel to the territory of Indonesia to reside within a certain period of time limited; or
- in the context of joining forces to work on ships, floating equipment, or installations operating in the territorial waters of the archipelago, the territorial sea, the continental shelf, and/or the Indonesian Exclusive Economic Zone.
Limited Stay Visa can be used for work purposes and other non-working purposes
Limited Stay Visa Index for Work Needs:
- Visa 311: Work as an expert member of the World Trade Organization (WTO) with a Limited Stay Permit for a period of 2 (two) years;
- Visa 312: Work as an expert with a Limited Stay Permit for a maximum period of 1 (one) year.
Limited Stay Visa Index for Other Non-Working Purposes:
- Visa 313: Foreign Investment with a Limited Stay Permit for a period of 1 (one) year;
- Visa 314: Foreign Investment with a Limited Stay Permit for a period of 2 (two) years;
- Visa 315: Participate in training and scientific research with a Limited Stay Permit for a period of 1 (one) year;
- Visa 316: Attending education with a Limited Stay Permit for a period of 2 (two) years;
- Visa 317: Family reunion with a Limited Stay Permit for a period of 1 (one) year;
- Visa 318: Repatriation with a Limited Stay Permit for a period of 1 (one) year;
- Visa 319: Elderly with a Limited Stay Permit for a period of 1 (one) year.
The Limited Stay Visa for Second Home, it is still not been enforced until now.
4. Visit Visa
Based on Article 38 of Immigration Law, types of Visit Visas are visas given to foreigners who will travel to the territory of Indonesia in the context of visiting government duties, education, social culture, tourism, pre-investment, business, family, journalism, or stopping to continue their journey to other countries. Visit visas can also be granted to citizens of certain countries which are stipulated based on the regulations of the Regulation of the Minister of Law and Human Rights No. 39 of 2015 upon arrival at the immigration checkpoint by immigration officials (Visa on Arrival).
- Visa 211: One-way visit visa
A visit visa is used for non-working purposes whose activities include all aspects related to government duties, education, social culture, tourism, pre-investment, business, family, journalism, or stopping to continue their journey to other countries, granted for a maximum of 60 (sixty) days or 180 (one hundred eighty) days as stipulated in Article 89 Government Regulation No. 48 of 2021 (“GR 48/2021“).
- Visa 212: Visit visa for multiple trips
Multiple trip Visit Visa is used for non-working purposes which includes all aspects related to government activities, pre-investment, business activities, and family as stipulated in Article 89 GR 48/2021.
- Visa 213: Visa on arrival
A Visit Visa on Arrival is used for purposes covering all aspects of government, tourism, social culture, and business activities which are granted upon arrival in the territory of Indonesia for a maximum period of 30 (thirty) days as stipulated in Regulation 24/2016.
Difference between Work Visa and Business Visa
A business visa gives foreigners permission to visit Indonesia in order to carry out business activities without having to be employed. These business activities include seminars, business meetings, and training. This visa does not allow business visa holders to engage in activities that generate wages or other compensation.
Meanwhile, to get a work visa, you must get a sponsor from the official company that employs it. However, the company that acts as the sponsor must first submit a Foreign Worker Employment Plan (RPTKA) to the Ministry of Manpower as a condition for obtaining a work visa.
Time required to apply for a Visit Visa
In the event that the requirements have been met & payment has been made in accordance with the provisions of the legislation, the Head of the Immigration Office or the appointed Immigration Officer within a maximum of 4 (four) working days issues a visit Stay Permit as mentioned in Regulation of the Minister of Law and Human Rights No. 29 of 2021 (“Regulation 29/2021“).
How long is the stay visa for?
- A one-way visit visa can only be used for one trip. The period of visit given is 60 (sixty) days or 180 (one hundred eighty) days as stipulated in Regulation of Minister of Finance No. 9/PMK.02/2022;
- A multiple trip visit visa can be used for multiple trips. Maximum length of visit is 60 (sixty) days or 180 days (for pre-investment) as stipulated in Regulation 29/2021;
- A visit visa on arrival can only be issued at the time of arrival if the country of the traveler is included in the list. This visa on arrival is granted with a length of stay of 30 (thirty) days as stipulated in Regulation 24/2016.
Can the visit visa be extended?
- The one-way visit visa can be extended four times. Each extension is granted a length of stay of 30 (thirty) days;
- Visit visa for multiple trips cannot be extended;
- A visit visa on arrival can be extended once with a length of stay of 30 (thirty) days.
Sanctions for abusing Visa
The type of visa granted to foreigners depends on the destination of the person concerned. Thus, it is not justified if the foreigner states that his purpose for traveling to Indonesia is for tourism, even though his purpose is to work. Because it could be that the type of visa and the validity period of the visa given are different.
Taking into account the regulations that have clearly regulated the differences between Visas, any foreigner intending to abuse or carry out activities that are not in line with the purpose of their permit may be subject to sanctions in Article 122 of the Immigration Act. The sanctions take the form of imprisonment for a maximum of 5 (five) years and a maximum fine of 500 million Rupiah.
Author: Vania Aqilla Cahyaningrum
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