Temporary Suspension of Foreigners Into the Territory of the Republic of Indonesia Related to Covid-19 Pandemic | Leks&Co Lawyers – Law Firm Jakarta, Lawyer Indonesia, Indonesia Law Office, Jakarta Lawyer, Law Firm Indonesia

Temporary Suspension of Foreigners Into the Territory of the Republic of Indonesia Related to Covid-19 Pandemic

Background

Escalation of number of people with Covid-19 positive and the amount of death caused by Covid-19 in Indonesia lead the President of Republic of Indonesia determinate the condition of health emergencies based on Presidential Decree No. 11 of 2020 on determination of public health emergencies of Corona Virus Disease (Covid-19) (“Presidential Decree 11/2020”).

To escalate the precaution effort related to the spread of Covid-19, especially the spread caused by imported case, the government of Republic of Indonesia conducts temporary suspension of foreigners to entering the territory of the Republic of Indonesia.
Previously, Ministry of Law and Human Rights has several times conduct limitation of the entry of the foreigners, especially from the region of People’s Republic of China which became the epicenter of the spread of Covid-19 based on Minister of Law and Human Rights Regulations No. 3 of 2020 (“MOLHR Regulation 3/2020”), Minister of Law and Human Rights Regulations No. 7 of 2020 (“MOLHR Regulation 7/2020”), and Minister of Law and Human Rights Regulations No. 8 of 2020 (“MOLHR Regulation 8/2020”).

However, with the increasing number of people with Covid-19 and the number of deaths due to Covid-19 and the number of positive cases of Covid-19 has exceeded 1,000 people, Ministry of Law and Human Rights which previously only limited the entry of the foreigners with temporary suspend of free visitor visa and visitor visa on arrival, has now enforced a Temporary Suspension of Foreigners Into the Territory of the Republic of Indonesia based on the Ministry of Law and Human Rights Regulation No. 11 of 2020 on Temporary Prohibition of Foreigners Entering the Territory of the Republic of Indonesia (“MOLHR Regulation 11/2020“).

Development of regulations related to the restrictions of foreigners entering the territory of the Republic of Indonesia related to the Covid-19

Along with the escalation of the Covid-19 outbreak, the government of Republic of Indonesia has made several efforts to restrict the entry of foreigners into Indonesian territory to prevent the spread of Covid-19. Under the MOLHR Regulation 3/2020, the government has temporarily suspended the granting of visa to the citizens of the People’s Republic Chinese and foreigners who visited the territory of the People’s Republic of China within 14 days before applying for visa of Republic of Indonesia.

Furthermore, on 28 February 2020, the government of the Republic of Indonesia issued MOLHR Regulation 7/2020 which annulled MOLHR Regulation 3/2020. Based on MOLHR Regulation 7/2020, granting of free visitor visa and visitor visa on arrival (visa on arrival) is temporarily suspended for foreigners who have lived and/or visited the territory of the People’s Republic of China within 14 days before entering the territory of the Republic of Indonesia.

However, visitor visa and limited stay visa still can be granted to any foreigners who applies for a visa to the representative of the Republic of Indonesia in the People’s Republic of China based on applicable laws and regulations. The submitted request should comply with the additional following requirements: (i) certificate of health which declaring Covid-19 free from the local country’s health authority in English; (ii) has been 14 days in the territory of the People’s Republic of China which is free from Covid-19; and (iii) statement of willingness to enter into 14-days quarantine conducted by the government of the Republic of Indonesia or conduct 14-days transit in another country which is not infected by Covid-19 before entering the territory of the Republic of Indonesia.

On 18 March 2020, the government of the Republic of Indonesia expanded the provisions on MOLHR Regulation 7/2020 by issuing MOLHR Regulation 8/2020. Under the MOLHR Regulation 8/2020, the granting of free visitor visa and the granting of visa on arrival is temporarily suspended.

With the increasing number of people with positive Covid-19, along with the issuance of Presidential Decree 11/2020, the government of the Republic of Indonesia temporary suspends foreigners from entering/transiting within the territory of the Republic of Indonesia by issuing MOLHR Regulation 11/2020 and annulled the MOLHR Regulation 7 and 8/2020.

Exemption from the temporary ban on foreigners entering the territory of the Republic of Indonesia

Temporary prohibitions of foreigners from entering/transiting within the territory of the Republic of Indonesia as stipulated in MOLHR Regulation 11/2020 are excluded for: (i) foreigners holder of limited stay permits and permanent stay permits; (ii) foreigners holder of diplomatic and official visa; (iii) foreigners holder of diplomatic stay permits and official stay permits; (iv) medical assistance and support, food aid and humanitarian staff; (v) transportation crew; and (vi) foreigners who will work on national strategic projects.

Related to foreigners holder stay permit that has expired and/or cannot be extended, the government automatically grants emergency stay permit without submitting an application to the immigration office and free of charge until the end of the Covid-19 pandemic.

Ghazi Lhutfi