Visa on Arrival, These are the Requirements and Provisions

PERTANYAAN

I have a question regarding the type 213 visa. What activities are allowed for the 213 visa holder? Is it allowed to conduct company visits, meetings, and tours? What are the requirements and legal basis for a type 213 visa?

INTISARI JAWABAN

Visa type B213 is included in Visa on Arrival (“VoA”), granted to foreigners upon arrival at Immigration Checkpoints by Immigration Officials in Indonesia.

So, what activities are allowed for VoA holders? What are the requirements for obtaining the visa?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Visa Kunjungan Saat Kedatangan, Ini Syarat dan Aturannya written by Dian Dwi Jayanti, S.H., and was published on Friday, 17 March 2023.

This article below is an update of the article entitled Requirements and Provisions on Visa on Arrival (Persyaratan dan Aturan tentang Visa Kunjungan Kedatangan), which was first written by Easybiz, and first published on Monday, 6 June 2016. 

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

The Definition of Visa on Arrival

Prior to answering your question, we should first understand the meaning of Visa of the Republic of Indonesia, or referred to as visa, is a written statement, either manually or electronically, granted by an authorized official to travel into Indonesian territory and becomes the basis for granting a Stay Permit.[1]

Every foreigner or Foreign Citizen who enters Indonesian territory is obligated to have a legal and valid visa, unless otherwise stated under this law and international agreements.[2] Visa comprises 4 (four) types namely diplomatic visa, service visa, visitor visa, and temporary stay visa.[3]

Also read: Types of Indonesian Visas and Their Uses

The type 213 visa you are referring to, we assume to be a type of B213 visa, which is Visa on Arrival (“VoA”) that is granted upon arrival at certain Immigration Checkpoints to foreigners from certain countries. This type of visa is granted for a stay permit period of 30 (thirty) days and may be extended only once for the next 30 (thirty) days and cannot be transferred.[4] VoA is also known as visitor visa, where foreign tourists can also apply for visas upon arrival at Indonesian airports.[5]

VoA is regulated under Article 106 number 2 Perppu 2/2022 which amended Article 38 Law 6/2011, namely:

Visitor visa shall be granted to Foreign Citizens who will travel to Indonesian Territory in the context of government duty, education, socio-cultural, tourism, pre-investment, business, family, journalism visits, or a stopover to continue their journey to another country.

The Requirements for Visa on Arrival

Basically, a VoA may also be granted to Foreign Citizens upon arrival at an Immigration Checkpoint by Immigration Officer/Official.[6] Foreign Citizens who may be granted VoA shall be a citizen of a specified country under the Regulation of the Minister.[7]

Then, based on Article 1 number 3 Government Regulation 48/2021, a visitor visa application shall be submitted by foreigners or guarantors to the Minister or appointed Immigration Official by filling out the application data and enclosing the requirements, such as:

1. a legal passport and still valid for a minimum of 6 (six) months;
2. a letter of guarantee from the Guarantor except for a visit in the context of tourism;
3. proof of having the cost of living for himself/herself and/or his/her family while in the Indonesian territory;
4. return ticket or connecting flight ticket to continue the journey to other countries except for the crew of the Transportation Equipment who will stop by to join the ship and continue the trip to other countries; and
5. colored passport photos.

Accessed from the website of the Embassy of the Republic of Indonesia on Visa on Arrival B213, VoA applicants must also ensure that the visa fee is paid and included in the list of VoA countries.

You can also read about the complete technical procedure for the application and granting of VoA under Article 23 to Article 27 Regulation of the Minister of Law and Human Rights 29/2021.

Index of Visa on Arrival

Therefore, what activities are allowed to be carried out by VoA holders? The index of VoA is regulated in Article 4 section (2) number 4 Regulation of the Director-General of Immigration 2006. The article stipulates that VoA is used for purposes that cover all aspects of government, tourism, socio-cultural, and business activities that are given upon arrival in Indonesian territory with a maximum period of time of 30 (thirty) days, such as a visit to:

1. Cooperation between governments of other countries and Indonesia;
2. Tourism;
3. Family or social;
4. Inter-educational institutions;
5. Participate in brief training;
6. Journalism that has obtained a license from the authorized agency;
7. The making of non-commercial films that have obtained licenses from authorized institutions;
8. Conduct business talks, such as sales and purchase transactions of goods and services as well as supervision of the quality of goods or production;\
9. Give lectures or attend seminars that are not commercial in the field of social, cultural, or government, after obtaining permission from the relevant agency;
10. Participate in non-commercial international exhibitions;
11. Participate in meetings that are held with the relevant headquarters or representatives in Indonesia.

In conclusion, in answer to your question, the B213 visa type is a type of Visa on Arrival which is granted to foreigners upon arrival at certain Immigration Checkpoints in Indonesia. This visa applicant must fulfill the requirements that have been determined by the laws and regulations, among others, have a legal passport that remains valid for at least 6 (six) months, have a round trip ticket, and have the visa fee paid. Furthermore, activities such as visits, business talks, and meetings are allowed to be conducted by the holders of VoA.

Enrich your legal research with the latest bilingual legal analysis, as well as the collection of regulatory translations integrated into Hukumonline Pro, click here to learn more.

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Law Number 6 of 2011 on Immigration;
2. Regulation of the Government in Lieu of Law of the Republic of Indonesia Number 2 of 2022 on Job Creation;
3. Regulation of the Government Number 48 of 2021 on the Third Amendment to Regulation of the Government Number 31 of 2013 on the Implementing Regulation to Law Number 6 of 2011 on Immigration;
4. Regulation of the Director-General of Immigration Number F-434.IZ.01.10 of 2006 on Form, Size, Editorial, Types and Index, and Calculation of Visa as amended by Regulation of the Director-General of Immigration Number IMI-330.IZ.01.10 of 2009 on the Amendment to Regulation of the Director-General of Immigration Number F-434.IZ.01.10 of 2006 on Form, Size, Editorial, Types and Index, and Calculation of Visa as secondly amended by Regulation of the Director-General of Immigration Number IMI-819.IZ.01.10 of 2009 on the Second Amendment to Regulation of the Director-General of Immigration Number F-434.IZ.01.10 of 2006 on Form, Size, Editorial, Types and Index, and Calculation of Visa;
5. Regulation of the Minister of Law and Human Rights Number 29 of 2021 on Visa and Stay Permit.

Reference:

1. Desinta Wahyu Kusumawardani. Menjaga Pintu Gerbang Negara Melalui Pembatasan Kunjungan Warga Negara Asing dalam Mencegah Penyebaran Covid-19. Jurnal Ilmiah Kebijakan Hukum, Vol. 14, No. 3, 2020;
2. Visa Kunjungan Saat Kedatangan B213, accessed on 17 March 2023, at 14.40 West Indonesian Time (zone).

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[1] Article 106 number 1 Regulation of the Government in Lieu of Law of the Republic of Indonesia Number 2 of 2022 on Job Creation (“Perppu 2/2022”) which amended Article 1 Law Number 6 of 2011 on Immigration (“Law 6/2011”).

[2] Article 8 section (2) Law 6/2011.

[3] Article 34 Law 6/2011.

[4] Visa Kunjungan Saat Kedatangan B213, accessed on 17 March 2023, at 14.40 West Indonesian Time (zone).

[5] Desinta Wahyu Kusumawardani. Menjaga Pintu Gerbang Negara Melalui Pembatasan Kunjungan Warga Negara Asing dalam Mencegah Penyebaran Covid-19. Jurnal Ilmiah Kebijakan Hukum, Vol. 14, No. 3, 2020, p. 524.

[6] Article 41 section (1) jo. Section (3) Law 6/2011.

[7] Article 41 section (2) Law 6/2011.