The Minister of Law and Human Rights Regulation No 27 of 2014

master_franchise_agreement-68a3f-2373_122-t2373_20
Master Franchise Agreement: New Requirements for Organizing Franchise Business
March 14, 2015
draft_halal-2524d-2373_134-t2373_21
Draft Law On Halal Product Guarantee Implements Mandatory Halal Labeling
April 6, 2015
Show all

The Minister of Law and Human Rights Regulation No 27 of 2014

universal-declaration-of-human-rights

The Minister of Law and Human Rights has issued Regulation No. 27 of 2014 on Technical Procedure on Granting, Extending, Denying, Canceling and Ending a Visitor Resident Permit, Limited Resident Permit, and Permanent Resident Permit and Exceptions from Obligation to Own a Resident Permit (“Regulation“). The Regulation is in force since 17 October 2014 and serves as an implementing regulation of Article 115 (2), Article 147, Article 156 (2) and Article 164 of the Government Regulation No. 31 of 2013 on Implementing Regulation of Law No. 6 of 2011 on Immigration Affairs.

Obligation to Own a Resident Permit and Its Exceptions

Every foreigner in Indonesia must own a Resident Permit. However, in certain conditions a foreigner can be excluded from the obligation to own a Resident Permit (Article 2, Regulation). These certain conditions are experienced by a foreigner who (Article 82, Regulation):

  1. Is serving a detention in the interest of an inquiry, prosecution, and examination process in a court trial or serving criminal detention or criminal imprisonment in the Correctional Institution, while his/her Resident Permit validity has expired;
  2. Has acquired a permit to be outside an Immigration Detention House in accordance with the laws and regulations;
  3. Is in Indonesia because he/she became a victim of a Criminal Act of Human Trafficking;
  4. Is a victim of human smuggling;
  5. Is placed in an Immigration Detention House or Immigration Detention Room by an Immigration Official based on a warrant.

Visitor Resident Permit

A Visitor Resident Permit is given to a people who is experienced this following conditions: (Article 3, Regulation):

  1. A foreigner who enters Indonesia with a Visitor Visa. In this case the validity period is 60 days at the longest since the date of inclusion of the Entry Mark (Article 4 paragraph (2), Regulation);
  2. A newly born child in Indonesia and at the time of the birth the father and/or mother is holding a Visitor Resident Permit. The permit is given in accordance with the validity period of the Visitor Resident Permit of the father and/or mother (Articles 5 paragraph (1), Regulation);
  3. A foreigner from a country which is free from the obligation to own a visa in accordance with the laws and regulations. The permit is given by an Immigration Officer in the Place of Immigration Examination for a period of 30 days since the date of inclusion of Entry Mark and cannot be extended (Articles 6 paragraph (2), Regulation);
  4. A foreigner who is on duty as a Crew of Transportation Equipment which is anchored or located in Indonesia in accordance with the Laws and Regulations. The permit is given by an Immigration Officer in the Place of Immigration Examination for a period of 60 days since the date of inclusion of Entry Mark and cannot be extended (Articles 7, Regulation);
  5. A foreigner who enters Indonesia in emergency conditions. The permit is given for a period of 30 days at the longest and cannot be extended (Articles 9 paragraph (1), Regulation);
  6. A foreigner who enters Indonesia with a visitor Visa on Arrival. The permit is given by an Immigration Officer in the Place of Immigration Examination for a period of 30 days at the longest since the date of inclusion of Entry Mark (Art. 10 (2), Regulation).

Limited Resident Permit

A Limited Resident Permit is given to (Articles 23, Regulation):

  1. A foreigner who enters Indonesia with Limited Resident Visa; A child who is born in Indonesia at the time of the birth the father and/or mother is a holder of Limited Resident Visa;
  2. A foreigner who is given a change of status from Visitor Resident Permit;
  3. A captain, crew of a ship, or a foreign expert on a ship, floating equipment, or installation which is operated on the waters and jurisdiction of Indonesia in accordance with the Laws and Regulations;
  4. A foreigner who legally marries an Indonesian citizen, or;
  5. A child of a foreigner who legally marries an Indonesian citizen;
  6. A foreigner who enters Indonesia using a Limited Resident Visa on Arrival.

A Limited Resident Permit is given for a period of 2 years, 1 year, 6 months, 90 days, or 30 days at the longest. The validity period is given in accordance with the validity period as stated in the Limited Resident Visa or a Director General Decree on Status Change of Resident Permit. However, the period must not exceed the validity period of the foreigner’s Nationality Passport (Article 25 (1) & (2) & (3), Regulation).

A Limited Resident Permit with a validity period of between 2 years to 6 months is given in a form of card and impressions on the foreigner’s Nationality Passport and can be given to a foreigner who is legally married an Indonesian Citizen, a child of a foreigner who is legally married with an Indonesian Citizen, repatriation, a former Indonesian Citizen, Elderly foreign tourist, or expert, investor, clergy and student/college student who is studying. A Limited Resident Permit with a period of between 90 days to 30 days is given in a form of impressions on the foreigner’s Nationality Passport and can be given to a foreigner who (Article 27 paragraph (1) & (2), Regulation):

  1. Perform an activity which is related with a profession that receive a payment;
  2. Perform an activity in order to make a commercial movie and already acquire a license from related agency
  3. Perform a quality supervision of good or production
  4. Perform an inspection or audit to a company’s branch in Indonesia
  5. Perform an after sales service
  6. Install or repair a machine
  7. Perform a non-permanent work for construction
  8. Perform an art, music and sport show
  9. Held a professional sport activity
  10. Perform a medication activity
  11. A candidate of foreign worker who will work in order to test the skill

Permanent Resident Permit

A Permanent Resident Permit is given to the following through a change of status from a Limited Resident Permit to a Permanent Resident Permit (Article 58 paragraph (1) & (3) and Paragraph 61, Regulation):

  1. A foreigner who is a holder of Limited Resident Permit as a clergy, worker, investor, and elderly.
  2. A family of a mixed marriage.
  3. A husband, wife, and/or child of a foreigner who is a holder of Permanent Resident Permit.
  4. A foreigner who is a former Indonesian Citizen and a former subject of Indonesia Republic double nationality child.

A Permanent Resident Permit is given directly to the following without going through a change of status (Article 58 paragraph (2) & (4), Regulation):

  1. A former subject of Indonesian double nationality child who chooses a foreign nationality.
  2. A child which is born in Indonesia from a foreigner who is a holder of a Permanent Resident Permit.
  3. An Indonesian Citizen who loses Indonesian Citizenship in Indonesia.

A Permanent Resident Permit is given for a period of 5 years except for a husband, wife, and/or child of a foreigner who is a holder of Permanent Resident Permit, and for a child which is born in Indonesia from a foreigner who is a holder of a Permanent Resident Permit. In these case, the period of Permanent Resident Permit is as long as the validity period of the Permanent Resident Permit of the husband, wife, father or mother (Article 59, Regulation).

Emergency Resident Permit

A foreigner whose validity period of Visitor Resident Permit, Limited Resident Permit, or Permanent Resident Permit has expired can be given an Emergency Resident Permit in a certain condition as follows (Articles 86 (1) & (2), Regulation):

  1. Humanity reasons;
  2. Natural disaster;
  3. Being in Indonesia for the implementation of deportation which is not placed in the Immigration Detention House;
  4. Undergo a process of law or currently is handled by the law enforcer and is not placed under arrest or in prison, or
  5. In order to implement a court decision in a form of parole.

HOW CAN SMART LEGAL CONSULTING HELP YOU?

SMART Legal Consulting has extensive experience in assisting Foreign investors or FDI Company/PMA amend their companies’ Financial Year.

If you need immediate assistance, please contact SMART Help Desk at:

E:  info@smartcolaw.com

H: +62821-1234-1235

Comments are closed.