Stay Permits Outlined Under the Immigration Law
Under Indonesia’s Immigration Law, foreigners entering Indonesian territory must possess a valid stay permit unless exempted by law or international agreements. Entry and stay are subject to immigration clearance and issuance of an entry stamp or stay permit by immigration authorities.
Limited Stay Visa (VITAS)
An entry visa obtained from an Indonesian embassy or consulate abroad. It serves as the legal basis for a foreign national to enter Indonesia for the purpose of work or temporary residence. Upon arrival, it must be converted into a KITAS.
Limited Stay Permit (ITAS/KITAS)
The official identification card issued to foreigners who hold an ITAS (Izin Tinggal Terbatas), or Temporary Stay Permit. It allows you or your foreign employees to reside and legally work in Indonesia for a specified duration (usually 6-24 months) and is renewable. It often includes a Multiple Exit and Re-entry Permit (MERP).
Permanent Stay Permit (KITAP)
Issued to foreigners who have met certain eligibility criteria such as holding a temporary stay permit for about 3-5 years, investors, family members of permanent residents, or those married to Indonesian citizens. KITAP is valid for five years and can be renewed indefinitely. KITAP holders may also work legally in Indonesia with appropriate authorization.
Visitor Stay Permit
Issued to foreigners holding visit visas for purposes such as tourism, social-cultural activities, or temporary visits. It is usually valid for 60 days and can be extended up to four times in 30-day increments, or less in specific visa-on-arrival cases. It terminates when its validity expires or the holder leaves Indonesia.
Diplomatic Stay Permit & Service Stay Permit
Issued respectively to foreigners with diplomatic or official visas corresponding to diplomatic or official government-related duties.
Types of Visas for Foreigners
Besides stay permits, Indonesia’s Immigration Law No. 6 of 2011 outlines different visa categories for foreigners in Indonesia:
Limited Stay Visa
For foreigners who intend to stay in Indonesia for a limited yet longer period for work, investment, study or family reunion purposes.
For foreigners employed by Indonesian companies, requiring employer sponsorship.
For foreign investors with a minimum investment, typically requiring at least IDR 10 billion.
For spouses, children, or dependents of KITAS holders or Indonesian citizens.
For retirees who meet financial and age requirements.
For individuals aged 60+ allowing long-term residence (up to 5 years).
Other Visas
Student visa, research, religious activities, or special contributions to the economy.
Visit Visas
Issued to foreigners for purposes like government visits, education, socio-cultural activities, tourism, business, family visits, journalism, or transit. These are usually single-entry but can be multiple-entry for specific cases.
Visa-free Entry
Citizens of certain countries can enter Indonesia visa-free for up to 30 days, primarily for tourism and short visits. This visa-free stay is not extendable.
Available for about 97 countries, allowing a stay of 30 days, extendable once for another 30 days, obtained upon arrival at airports or seaports or via e-VOA online application.
e-Visa
Includes options like the Long-Term eVisa C1 for 60 days (with two 60-day extensions possible) and the Multiple-Entry eVisa D12 valid for 1 or 2 years, allowing up to 180 days per visit.
Other Visas
Diplomatic Visa
For foreigners entering Indonesia to perform diplomatic duties.
Official Service Visas
Granted to foreign government or international organization officials for non-diplomatic official tasks.
Hiring Foreign Workers in Indonesia
As the employer, you act as your foreign employee’s sponsor and must obtain necessary work permits and stay visas for them under Immigration Law. Before you start onboarding foreign staff, here are a few things you should do:
1. Develop RPTK
Prepare the Foreign Manpower Utilization Plan, detailing the job title, tasks, and justification for hiring a foreign worker.
2. MoM Approval
Submit the RPTKA to the Ministry of Manpower (MoM) for an appropriateness assessment and official approval.
3. Pay DKP-TKA Fund
Pay the mandatory Foreign Worker Utilization Compensation Fund (typically $100/month, paid in advance).
4. Appoint Counterpart & Report
Designate an Indonesian counterpart for knowledge transfer and maintain records, reporting any status changes to the authorities.
Risks for Non-compliance with Immigration Law
Non-compliance with immigration law carries severe penalties. Understand the key risks to protect your business and your employees from legal and financial consequences.
Overstaying
Daily administrative fines. Overstaying beyond 60 days can lead to deportation and being blacklisted.
Misuse of Visa Purpose
Working on a visitor/business visa is a serious violation. Penalties include deportation, blacklisting, and potential criminal charges.
Document Fraud
Providing false information or documents can result in significant fines and imprisonment, alongside deportation.
Streamline your Visa and Stay Permits Under Immigration Law
Tailored Corporate & Immigration Services with Emerhub
How We Mitigate Risks for your Business
With our wide range of corporate and immigration support services, and 14 years of experience, we can ensure legal adherence with the Immigration Law No. 6 Year 2011. Here’s how we can help your business:
Tailored Immigration & Visa Services
Emerhub can guide you in securing the correct types of visas and stay permits aligned with your business and activities.
Work Permit for Employees
Emerhub assists in obtaining proper work permits for your foreign employees. We make sure to adhere with the Ministry of Manpower’s assessments, accurate work permits that reflect the correct job title, location, and employer.
Corporate Secretarial Services
By combining company incorporation, licensing, payroll management, and tax compliance under one service umbrella, Emerhub ensures consistency across regulatory requirements, reducing the risk of immigration non-compliance linked to corporate activities.
FAQs About Immigration Law, No. 6 Year 2011
A VITAS is the entry visa you get from an Indonesian embassy abroad. Once you enter Indonesia with it, it’s converted into a KITAS, which is the actual stay permit that allows you to reside and work in the country.
Your primary duty is to obtain an approved Foreign Manpower Utilization Plan (RPTKA) from the Ministry of Manpower (MoM) before the foreign national begins work. This is the foundational document for their work permit.
Yes, for most positions, it is mandatory. The foreign employee is legally expected to transfer knowledge and provide training to their designated Indonesian counterpart, supporting local skill development.
Its main purpose is to regulate the entry, stay, and exit of foreign nationals to ensure national sovereignty and security, while also facilitating beneficial foreign presence for investment and development.
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