This article is an English translation of ITAS Investor, Begini Pengertian dan Cara Mengurusnya written by Jufrian Murzal, S.H. from Murzal & Partner Law Firm and published on Monday, 7 August 2023.

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.

Definition of ITAS/KITAS

Before answering your question, please note that ITAS is Izin Tinggal Terbatas a.k.a. Limited Stay Permit or Temporary Stay Permit granted to:[1]

1. foreigners entering Indonesian Territory with a temporary stay Visa;
2. a child born in Indonesian Territory, whose father and/or mother at the time of birth is holding an ITAS;
3. foreigners who are granted a change of status from a Visitor Stay Permit;
4. a ship master, ship crew, or foreign expert on a vessel, floating infrastructure, or installation operating in the territorial waters of Indonesia and under the jurisdiction of Indonesia in accordance with the provisions of laws and regulations;
5. foreigners who are lawfully married to an Indonesian Citizen (Warga Negara Indonesia/ “WNI”);
6. a child of a foreigner who is lawfully married to an Indonesian Citizen.

Furthermore, ITAS is a permit given to foreigners or Foreign Citizens (Warga Negara Asing/ "WNA") to stay and be in the territory of Indonesia for a limited period.[2] Meanwhile, the Limited Stay Permit Card (Kartu Izin Tinggal Terbatas/ "KITAS") is a physical form of ITAS.

You can see a complete explanation of the meaning of ITAS/KITAS and how to apply for it in the article entitled What is KITAS/KITAP and How to Apply for It.

What is Investor ITAS?

Furthermore, Investor ITAS or 'ITAS in the context of Foreign Investment' is a temporary stay permit granted to foreigners who wish to conduct Foreign Investment activities in Indonesian territory.[3]

Foreign Direct Investment ("FDI") or Penanaman Modal Asing in Indonesia is regulated by Law 25/2007 and Perppu 2/2022 on Job Creation which has been enacted as laws. For your information, penanam modal asing or foreign investor is a foreign individual, foreign corporation, and /or foreign government conducting investment within the territory of the Republic of Indonesia.[4] Meanwhile foreign investment is an investing activity to do business within the territory of the Republic of Indonesia which is undertaken by foreign investors, either by fully using foreign capital (modal asing) or in the form of joint venture with domestic investors.[5]

Based on the previous explanation, ITAS is given to foreigners who enter Indonesian territory with a Limited Stay Visa (Visa Tinggal Terbatas/ "VITAS"). VITAS itself is given to carry out activities in the context of work and not in the context of work.[6] Then, VITAS not in the context of work can be given to foreigners to carry out activities, one of which is foreign investment.[7]

Furthermore, based on our practice, foreigners using Investor ITAS in Indonesia can only perform activities limited to the acts allowed by law, among others:

1. appoint, dismiss, or replace members of the Board of Commissioners and Board of Directors;
2. evaluate the performance of the Board of Commissioners and the Board of Directors;
3. approve amendments to the Articles of Association;
4. receive dividend payments and the remaining assets from liquidation;
5. provide advice or input to the board of commissioners and directors;
6. attend and vote in the General Meeting of Shareholders ("GMS") or in Bahasa Indonesia known as Rapat Umum Pemegang Saham; and
7. other actions that are permitted or not prohibited by the prevailing laws and regulations.

Then, based on the page of the Director General of Immigration, Ministry of Law and Human Rights of the Republic of Indonesia regarding Visa Applications for Investors, Investor ITAS has the following period:

1. 1-year Limited Stay Visa for Investment (index C-313); and
2. 2 years Limited Stay Visa for Investment (index C-314).

Both types of ITAS allow foreign investors to enter and leave Indonesia while the permit is still valid.

Also read: Types of Indonesian Visas and Their Uses

Investor ITAS Fee

Based on the Director General of Immigration, Ministry of Law and Human Rights of the Republic of Indonesia regarding Immigration Fee, the costs that must be incurred for Investor ITAS are as follows:

1. Visa Approval of the Director General of Immigration (per application) at IDR 200 thousand;
2. VITAS (per application) at USD 150;
3. Investor ITAS validity period for a maximum of 1 year (index C-313 per application): IDR 1.5 million;
4. Investor ITAS for a maximum validity of 2 years (index C-314 per application): IDR 2 million;
5. Multiple Exit Re-entry Permit (per application) with a maximum validity of 1 year: IDR 1 million;
6. Re-entry Permit (per application) with a maximum validity of 2 years: IDR 1.75 million.

Application for Visa of the Republic of Indonesia for Investors

Application for VITAS not for the purpose of work for foreigners who conduct foreign investment is submitted by the foreigner concerned to the Immigration Officer at the Directorate General of Immigration through an application by attaching:[8]

1. Proof of deposit of Immigration Guarantee;
2. Nationality Passport that is legitimate and still valid:

1. at least 12 months for those who will perform work in the territory of Indonesia for a maximum period of 180 days;
2. at least 18 months for those who will carry out work or stay in the territory of Indonesia for a maximum period of 1 year; or
3. at least 30 months for those who will work or stay in the Indonesian territory for a maximum period of 2 years;

3. proof of having living expenses for himself/herself and/or his/her family while in the territory of Indonesia of at least USD 2 thousand or equivalent;
4. proof of insurance ownership in an Indonesian incorporated insurance company that covers health financing while the foreigner is in the territory of Indonesia;
5. 2 recent coloured passports measuring 4 cm x 6 cm with a white background; and
6. a letter of recommendation from an authorized agency in the field of investment.

In addition to the main requirements above, there are supporting requirements in the form of recommendation letters from agencies authorized in the field of investment,[9] and additional requirements in the form of:[10]

1. Proof of having received a full dose of COVID-19 vaccine;
2. an affidavit stating willingness to comply with determined health protocols in Indonesia; and
3. Proof of health insurance/travel insurance coverage the health-related cost and/or an affidavit stating willingness to pay independently if affected by Covid-19 while in Indonesia.

The granting of VITAS is carried out through:[11]

1. examination of the completeness of the requirements;
2. payment of immigration fees in accordance with the provisions of laws and regulations;
3. profiling and verification;
4. approval; and
5. visa issuance.

In the event of any doubt in the profiling and verification process, the designated Immigration Officer at the Directorate General of Immigration may request other information. The granting of VITAS is completed within a maximum of 4 working days as of the payment of immigration fees in accordance with the provisions of laws and regulations.[12]

Then, based on our practice, companies are advised to report to the Ministry of Manpower that there are foreigners with Investor KITAS in the company concerned.

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

Legal Basis:

1. Law Number 25 of 2007 on Investment;
2. Law Number 6 of 2011 on Immigration;
3. Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation which has been enacted into law under Law Number 6 of 2023;
4. 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;
5. Regulation of the Minister of Law and Human Rights Number 29 of 2021 on Visa and Stay Permit;
6. Ministry of Law and Human Rights Guideline of the Directorate General of Immigration Number IMI-0241.GR.01.01 of 2022 on the Granting of Visa, Entry Stamps, and Stay Permits During the Period for the Mitigation of Corona Virus Disease 2019 and National Economic Recovery.

References:

1. Immigration Fee, Directorate General of Immigration, Ministry of Law and Human Rights, accessed on Monday, 7 August 2023, at 16.21 West Indonesian Time (zone);
2. Application for Visa of the Republic of Indonesia for Investors, Directorate General of Immigration, Ministry of Law and Human Rights, accessed on Monday, 7 August 2023, at 13.54 West Indonesian Time (zone).