In recent developments within Indonesian immigration law, a new circular letter has been issued by the Directorate General of Immigration on 17 October 2024. The Circular Letter of the Director General of Immigration Number IMI-1024.GR.01.01 Year 2024 concerning Affirmation of Immigration Activities and Supervision for Foreigners Holder of Visit Stay Permit Originating from Visa-Free Visit (Bebas Visa Kunjungan) and Visa On Arrival/”VoA” (“Circular Letter”) outlines important provisions regarding activities permitted and prohibited for foreign nationals entering Indonesia under visa-free entry and VoA.
This Circular Letter is an extended explanation, including but not limited to, Law Number 6 of 2011 on Immigration as amended by Law Number 6 of 2023 on the Stipulation of Government Regulation in lieu of Law No. 2 of 2022 on Job Creation into Law and Law Number 63 of 2024 on the Third Amendment to Law Number 6 of 2011 (“Immigration Law”), Presidential Regulation Number 95 of 2024 on Visa-Free Visit (“PR 95/2024”), Regulation of the Minister of Law and Human Rights Number 22 of 2023 on Visa and Residence Permit as amended by Regulation of the Minister of Law and Human Rights Number 11 of 2024 (“MOLHR 22/2023”), Decree of the Minister of Law and Human Rights Number M.HH-02.GR.01.04 of 2023 on Visa Classification (“MOLHR Decree 2023”) and other relevant regulations which outlines the provisions regarding visa permit originating from visa-free visit and VoA.
The General Overview of the Circular Letter is as follows:
Permissible Activities
According to the Circular Letter, foreign nationals holding visit permits from visa-free entry and VoA can engage in the following activities:
a. Tourism;
b. Family Visits;
c. Continued Travel;
d. Business Activities;
e. Meetings;
f. Purchasing Goods;
g. Medical Treatment; or
h. Government Duties.
These activities are permissible across various settings, including companies, meeting rooms, factories (site visits), and customer visits. Furthermore, the Circular Letter also notes that for foreign nationals who intend to repair or install machinery can use a visit visa with Visa Index C20.
Prohibitions
While the Circular Letter outlines permissible activities, it also emphasizes certain prohibitions that foreign nationals must adhere to:
a. Exceeding Stay Duration;
b. Direct Sales Activities: foreign nationals are prohibited in engaging in selling goods or services directly within Indonesia is prohibited. This includes selling souvenirs or providing personal services such as hairstyling, fitness training, surfing training and other goods or services.
c. Continuous Supervision of Production Activities: foreign nationals are restricted from overseeing production processes; they may only participate in meetings or presentations without engaging in operational roles;
d. Receiving Compensation: accepting payment or remuneration from Indonesian individuals or corporations is strictly forbidden.
The Circular Letter emphasizes the need for proper oversight to maintain order and legality regarding foreign national activity in Indonesia. Notably, this Circular Letter provides guidelines on the permissible activities for foreign nationals entering under visa-free entry and VoA while also outlining key prohibitions. Foreign nationals should take note of this new provisions in order to ensure their activities in Indonesia.
If you have further questions regarding this matter, please do not hesitate to contact us.