Article 184
Golden Visa is a grouping of limited Stay Visa, Limited Stay Permit, Permanent Stay Permit and Re-entry Permit for a certain period of time.
Article 185
(1) Limited Stay Visa, Limited Stay Permit, Permanent Stay Permit and Re-entry Permit as referred to in Article 184 are granted to conduct these activities:
a. capital investment;
b. family unification;
c. repatriation; and d. second home.
(2) Limited Stay Visa, Limited Stay Permit, Permanent Stay Permit and Re-entry Permit as referred to in paragraph (1) are granted for a maximum period of:
a. 5 (five) years; or b. 10 (ten) years.
Article 186
(1) Capital investment activities as referred to in Article 185 paragraph (1) letter a are granted to:
a. Foreign Nationals as individual investors intending to establish a company in Indonesia;
b. Foreign Nationals as individual investors who do not intend to establish a company in Indonesia;
and
c. Foreign Nationals who will serve as members of the board of directors or members of the board of commissioners in a company to be established in Indonesia which is a branch or subsidiary of a company outside Indonesian Territory.
(2) Foreign Nationals who will serve as members of the board of directors or members of the board of commissioners in a company to be established in Indonesia which is a branch or subsidiary of a company outside Indonesian Territory as referred to in paragraph (1) letter c shall be a maximum period of 10 (ten) people per company.
Article 187
Family unification activities as referred to in Article 185 paragraph (1) letter b are granted to:
a. Foreign Nationals who join themselves with the husband or wife holding Limited Stay Permit or Permanent Stay Permit;
b. children who are yet to be 18 (eighteen) years old and are yet to be married who join their father and/or mother holding a Limited Stay Permit or Permanent Stay Permit; and
c. Foreign Nationals who join with children holding Limited Stay Permit or Permanent Stay Permit.
Article 188
Repatriation activities as referred to in Article 185 paragraph (1) letter c are granted to:
a. former Indonesian citizens who will stay without Sponsor; and
b. descendants of former Indonesian citizens up to the second degree without Sponsor.
Article 189
Activities in the framework of second home as referred to in Article 185 paragraph (1) letter d are granted to:
a. second home;
b. special expertise;
c. world leader; and
d. elderly Foreign Nationals aged 60 (sixty) years old or older.
Article 190
Holders of limited Stay Visa, Limited Stay Permit, Permanent Stay Permit and Re-entry Permit as referred to in Article 184 shall be provided with at least the following facilities:
a. priority examination lane at the Immigration Checkpoints stipulated by the Minister;
b. priority services at the Immigration Office; or
c. priority services from related agency, ministries/agencies, based on cooperation agreements.
CHAPTER VI
SPONSOR, PERSON IN CHARGE, AND IMMIGRATION GUARANTEE
Division One Sponsor
Article 191
(1) Certain Foreign Nationals residing in Indonesian Territory must have Sponsor guaranteeing their existence.
(2) The obligation to have a Sponsor as referred to in paragraph (1) is excluded for:
a. Foreign Nationals who are legally married to Indonesian citizens;
b. business actors with foreign citizenship who invest capital as an investment in Indonesia as referred to in the provisions of laws and regulations on capital investment; and
c. citizens of a country that reciprocally provide guarantee waiver.
(3) Exceptions to the obligation to have a Sponsor as referred to in paragraph (2) can also be applied to a Stay Permit for:
a. repatriation; and b. second home.
(4) The exceptions as referred to in paragraph (2) and paragraph (3) can be replaced with an Immigration Guarantee as a substitute for a Sponsor.
(5) Immigration Guarantee is an instrument for Immigration Officials in selectively assessing the feasibility of the presence and benefits of Foreign Nationals while in Indonesian Territory.
Article 192
(1) Foreign Nationals who will enter and be in Indonesian Territory can determine the Sponsor.
(2) Sponsor is responsible for the presence and activities of Foreign Nationals while residing in Indonesian Territory and are obliged to report any change in civil status, immigration status, and change of address.
(3) Foreign Nationals can transfer their guarantees to other people or corporations, or use Immigration Guarantees as long as they comply with the provisions of Laws and Regulations.
(4) The transfer of guarantee as referred to in paragraph (3) is conducted under the following conditions:
a. foreign workers enclose a statement of the termination of the work contract or the end of the work relationship;
b. foreign investors enclose the following information:
1. no longer hold positions in the company;
2. no longer has shares in the company; or 3. the company is no longer active.
c. enclose a guarantee termination letter from the previous Sponsor; or
d. submit a statement of objection and are no longer willing to be guaranteed by the previous Sponsor.
(5) As long as the conditions for the transition from the old Sponsor to the new Sponsor as referred to in paragraph (3) are met, the new Sponsor has the right to apply for a Stay Permit service for the guaranteed Foreign Nationals.
(6) Transfer of Sponsor as referred to in paragraph (3) can also be conducted in the event that the Sponsor has been proven to have taken an action that is contrary to the provisions of laws and regulations, and there has been a court decision that has obtained permanent legal force.
Division Two Person in Charge
Article 193
(1) Foreign Nationals in the framework of family unification can have a Person in Charge who is responsible for their presence in Indonesian Territory.
(2) Person in Charge as referred to in paragraph (1) shall include:
a. husband or wife who is an Indonesian citizen;
b. father or mother who is an Indonesian citizen;
c. children who are Indonesian citizens aged 21 (twenty-one) years old or older.
(3) Person in Charge as referred to in paragraph (2) is responsible for the presence and activities of Foreign
Nationals while residing in Indonesian Territory and is obliged to report any change in civil status, immigration status and change of address.
Article 194
(1) Foreign Nationals can transfer their responsibility to another Person in Charge, or use a Sponsor, or use an Immigration Guarantee as long as they comply with the provisions of Laws and Regulations.
(2) Transfer of responsibility as referred to in paragraph (1) is implemented by enclosing a divorce certificate.
Division Three Immigration Guarantee
Subdivision 1 General
Article 195
(1) Foreign Nationals who use Immigration Guarantee are responsible for themselves and are obliged to report any changes in civil status, Immigration status, and changes in address.
(2) Immigration Guarantee as referred to in paragraph (1) is in the form of:
a. depositing an amount of funds; or b. other forms, including:
1. statement of commitment of the Foreign Nationals to establish a company in Indonesia;
2. statement of commitment to purchase Indonesian government bonds;
3. statement of commitment to buy shares in publicly-listed companies in Indonesia;
4. statement of commitment to buy mutual funds in publicly-listed companies in Indonesia;
5. statement of commitment from the company to establish a branch or subsidiary in Indonesia;
6. statement of commitment to buy a multi-story housing or apartment; and
7. statement of commitment to deliver a proof of cooperation with the government or state agencies.
(3) The mechanism for implementing the Immigration Guarantee in the form of depositing an amount of funds as referred to in paragraph (2) letter a is conducted after the Foreign Nationals enter Indonesian Territory by depositing the funds in an account in their own name at a state-owned bank.
(4) The mechanism for implementing the Immigration Guarantee in other forms as referred to in paragraph (2) letter b is conducted through the mechanism of a statement of commitment and fulfillment of commitments to the Director General, Head of the Immigration Office, or appointed Immigration Official.
Subdivision 2
Fulfillment of Commitments
Article 196
(1) Statements of commitment that have been submitted by Foreign Nationals in obtaining limited stay Visa, Limited Stay Permit, permanent stay Permit and re-entry Permit must be fulfilled.
(2) Fulfillment of the commitment as referred to in paragraph (1) is submitted by the Sponsor or the Foreign Nationals to the Director General, Head of the Immigration Office whose working area covers the residence of the Foreign Nationals or the appointed Immigration Official within a maximum period of 90 (ninety) Days after the limited stay Visa, Limited Stay Permit, Permanent Stay Permit, and Re-entry Permit are issued.
(3) Assessment of the fulfillment of the commitments as referred to in paragraph (1) and paragraph (2) is conducted by the Director General or Head of the Immigration Office.
(4) Assessment of the fulfillment of commitments conducted by the Director General or appointed Immigration Official shall include commitments submitted by Foreign Nationals who conduct these activities:
a. capital investment;
b. repatriation; and c. second home:
1. special expertise; and 2. world leader.
(5) Assessment of the fulfillment of commitments conducted by the Head of the Immigration Office or the appointed Immigration Official shall include commitments submitted by Foreign Nationals who conduct these activities:
a. family unification; and b. second home:
1. second home; and 2. elderly.
(6) In the event that the assessment of fulfillment of commitments is conducted by the Director General, the results of the assessment are forwarded to the Head of the Immigration Office for follow-up.
Article 197
(1) In the event that the results of the assessment of the fulfillment of the commitments as referred to in Article 196 paragraph (3) are not or have yet to be fulfilled, the Limited Stay Visa, Limited Stay Permit,
Permanent Stay Permit, and Re-Entry Permit may be cancelled.
(2) Cancellation of limited stay Visa, Limited Stay Permit, Permanent Stay Permit, and Re-Entry Permit as referred to in paragraph (1) is implemented by the Head of the Immigration Office by affixing a repatriation stamp on the Travel Document of the Foreign National and ordering the Foreign National concerned to leave Indonesian Territory within a maximum period of 7 (seven) Days from the date of the repatriation stamp is affixed on the Travel Document of the Foreign National concerned.
Subdivision 3
Evaluation of Immigration Guarantee
Article 198
(1) Towards Foreign Nationals holding golden Visa, an Immigration Guarantee evaluation is conducted to ensure that the Foreign Nationals concerned still meet the criteria as golden Visa holders.
(2) Evaluation of Immigration Guarantee as referred to in paragraph (1) is implemented by the Director General, Head of the Immigration Office, or appointed Immigration Official periodically once every 1 (one) year on a Stay Permit which requires fulfillment of commitments.
(3) Evaluation of Immigration Guarantee for Stay Permit that require fulfillment of the commitments as referred to in paragraph (2) shall include:
a. proof of company validity;
b. most recent proof of bank account;
c. change of company deed;
d. most recent land and building tax;
e. most recent financial statement;
f. most recent corporate tax;
g. most recent proof of earning;
h. most recent bond certificate;
i. most recent share ownership; or
j. other proofs that corroborate the intent or purpose of staying in Indonesian Territory.
Subdivision 4
Obligations of Sponsor, Person in Charge, and Foreign Nationals with Immigration Guarantee
Article 199
(1) Sponsor, Person in Charge, or Foreign Nationals with Immigration Guarantee must report changes in civil status, Immigration status, and change of address.
(2) Changes in civil status, Immigration status, and changes of address as referred to in paragraph (1) shall include:
a. birth;
b. death;
c. marriage;
d. divorce;
e. child recognition;
f. child legitimation;
g. child adoption;
h. change of identity;
i. change of citizenship status;
j. Passport replacement;
k. concurrent type of activity;
l. change in type of activity;
m. concurrent position;
n. transfer of Means of Transportation;
o. transfer of Sponsor;
p. residential address of the Foreign National; and q. Sponsor's address.
Article 200
(1) Reports on the change in status in the form of birth as referred to in Article 199 paragraph (2) letter a are reported by Foreign Nationals, Sponsors and Person in Charge in the event that a child is born in Indonesian Territory to Parents who hold a Stay Permit.
(2) The birth report as referred to in paragraph (1) is conducted through the app by enclosing:
a. The child's Travel Document if it has been issued;
b. proof of Guarantee from the Sponsor in the event that the father/mother has a Sponsor;
c. Travel Documents of the father and/or mother holding a Stay Permit;
d. Stay permit of the father and/or mother; and
e. a certificate of child birth from the hospital or a birth certificate from an authorized official.
(3) The birth report as referred to in paragraph (2) is conducted through:
a. receipt of birth reporting;
b. document verification; and
c. issuance of a certificate of birth report.
(4) The certificate of birth report as referred to in paragraph (3) can be used as the basis for granting a Stay Permit for children and for other purposes.
(5) Reports of changes in status in the form of death as referred to in Article 199 paragraph (2) letter b, are submitted by the Sponsor or Person in Charge if a Foreign National pass away in Indonesian Territory.
(6) Reports of changes in status in the form of death as referred to in paragraph (5) are conducted through the app by enclosing:
a. Travel Documents;
b. most recent Stay Permit; and
c. proof of death from the hospital or from the authorized official.
(7) The death report as referred to in paragraph (6) is used as the basis for the expiration of the Stay Permit.
Article 201
(1) Submission of transfer of Sponsor, transfer of position, concurrent position, concurrent type of activity, change of type of activity, or change of Means of Transportation does not result in the issuance of a new Stay Permit, but only continues the Stay Permit owned.
(2) Submission of concurrent positions or concurrent types of activities can be implemented without any restrictions if they meet the requirements under the provisions of laws and regulations through the Head of the Immigration Office or appointed Immigration Official.
(3) Approval of transfer of Sponsor, transfer of position, concurrent position, concurrent type of activity, change of type of activity, or change of Means of Transportation as referred to in paragraph (1) is conducted by the Director General or appointed Immigration Official based on the application.
(4) If the application as referred to in paragraph (3) is conducted by a Foreign National holding Waters Limited Stay Permit and certain entities working as staff or officials at trade offices domiciled in Indonesian
Territory and their families, the approval is conducted by the Director General or appointed Immigration Official.
(5) Application for transfer of Sponsor, transfer of position, concurrent position, concurrent type of activity, change of type, or change of Means of Transportation activities submitted by Foreign Nationals, Sponsor, or Person in Charge through the app by enclosing:
a. Passport which are legal and still valid; and b. Limited Stay Permit/Permanent Stay Permit.
(6) In addition to enclosing the requirements as referred to in paragraph (5), the Foreign Nationals, Sponsor or Person in Charge shall also enclose:
a. a document explaining the intent and purpose of being in Indonesia as required in applying for a Visa or Stay Permit with certain types of activities for the application for concurrent type of activity or change of type of activity; or
b. a document explaining the position of the Foreign Nationals over a certain position issued by the competent authority for application for concurrent position or transfer of position.
(7) The application as referred to in paragraph (3) is completed by the Head of the Immigration Office or the appointed Immigration Official after obtaining approval from the Director General through:
a. receipt of application submission;
b. verification of payment of immigration fees in accordance with the provisions of laws and regulations; and
c. the Head of the Immigration Office or the appointed Immigration Official shall forward the application to the Director General within a period of 3 (three) business days from the date the payment of immigration fee is received.
(8) Towards the application as referred to in paragraph (7), the Director General or the appointed Immigration Official shall complete the application through:
a. approval or rejection by the Director General or the appointed Immigration Official;
b. submission of approval as well as issuance of transfer of Sponsor, transfer of position, concurrent position, concurrent type of activity, or change of type of activity to Foreign Nationals or Sponsor with copies forwarded to Head of Immigration Office and Head of Regional Office; and
c. issuance of virtual Limited Stay Permit/virtual Permanent Stay Permit.
(9) Application for the transfer of Sponsor, transfer of position, concurrent position, concurrent type of activity, change of type of activity, or change of Means of Transportation shall be completed within a maximum period of 5 (five) business days from the date the application is received by the Director General.
(10) The application as referred to in paragraph (4) is completed by the Director General or the appointed Immigration Official through:
a. receipt of application submission;
b. verification of payment of immigration fees in accordance with the provisions of laws and regulations;
c. approval for transfer of Sponsor, transfer of position, concurrent position, dual type of activity, change of type of activity, or change of Means of Transportation; and
d. issuance of virtual Limited Stay Permit.
(11) Submission of issuance as referred to in paragraph (10) letter d shall be conducted within a period of 3 (three) business days from the date the requirements are received completely.
Article 202
(1) If the Limited Stay Permit or Permanent Stay Permit card is lost or damaged, the Foreign Nationals holding the card can replace the card.
(2) The replacement of the card as referred to in paragraph (1) is conducted by applying to the Head of the Immigration Office or the appointed Immigration Official, conducted through:
a. receipt of application submission;
b. verification of payment of immigration fees in accordance with the provisions of laws and regulations;
c. the Head of the Immigration Office or the appointed Immigration Official shall forward the application to the Director General;
d. the Immigration Official appointed by the Director General of Immigration shall print and distribute the Limited Stay Permit cards or Permanent Stay Permit Card to the immigration office no earlier than 3 (three) business days after the issuance.
(3) Application as referred to in paragraph (2) shall be submitted by enclosing:
a. certificate of lost item from the police in the event that the card is lost; or b. damaged Limited Stay Permit or Permanent Stay Permit card.
CHAPTER VII
TRANSITIONAL PROVISIONS
Article 203 Upon the enforcement of this Regulation of the Minister:
a. applications for Visa, Stay Permit and Re-entry Permit that have been submitted prior to the enforcement of this Regulation of the Minister, will still be processed based on Regulation of the Minister of Law and Human Rights Number 29 of 2021 on Visa and Stay Permit (Official Gazette of the Republic of Indonesia of 2021 Number 960);
b. applications for Visa, Stay Permit and Re-entry Permit for foreign workers that have been submitted prior to the enforcement of this Regulation of the Minister, will still be processed based on Regulation of the Minister of Law and Human Rights Number 16 of 2018 on Procedures for the Granting of Visa and Stay
Permit for Foreign Workers (Official Gazette of the Republic of Indonesia of 2018 Number 988);
c. Visa, Stay Permit and Re-entry Permit that have been issued prior to the enforcement of this Regulation of the Minister, can still be used according to the validity period of the Visa, Stay Permit and Re-entry Permit as stipulated in Regulation of the Minister of Law and Human Rights Number 29 of 2021 on Visa and Stay Permit (Official Gazette of the Republic of Indonesia of 2021 Number 960);
d. Visa, Stay Permit and Re-entry Permit that have been issued to foreign workers prior to the enforcement of this Regulation of the Minister, can still be used according to the validity period of the Visa, Stay Permit and Re-entry Permit as stipulated in Regulation of the Minister of Law and Human Rights Number 16 2018 on Procedures for the Granting of Visa and Stay Permit for Foreign Workers (Official Gazette of the Republic of Indonesia of 2018 Number 988);
e. Limited Stay Permit and Permanent Stay Permit not for working as foreign elderly tourists that have been issued prior to the enforcement of this Regulation of the Minister, are declared to remain valid as Limited Stay Permit and Permanent Stay Permit for second home for the elderly; and
f. Limited Stay Permit for followers of the second home that have been issued prior to the enforcement of this Regulation of the Minister, are declared to remain valid as Limited Stay Permit for family unification.
Article 204
Upon the enforcement of this Regulation of the Minister, issuance of a Stay Permit card and adjustments to electronic Visa and Stay Permit services based on this Regulation of the Minister must be implemented within a maximum period of 60 (sixty) Days from the date this Regulation of the Minister is promulgated.
CHAPTER VIII