The Limited Stay Permit, known as Izin Tinggal Terbatas (ITAS), is the primary immigration instrument governing the temporary residency of foreign nationals in Indonesia. Its legal foundation is established under Article 52 of Law No. 6 of 2011 on Immigration, which defines the permit as follows:

“Izin Tinggal Terbatas diberikan kepada Orang Asing yang masuk Wilayah Indonesia dengan Visa Tinggal Terbatas atau Orang Asing yang diberikan alih status dari Izin Tinggal Kunjungan.” (A Limited Stay Permit is granted to foreigners who enter Indonesian Territory with a Limited Stay Visa or foreigners who are granted a change of status from a Visit Stay Permit.)

The ITAS is physically or electronically manifested as the Kartu Izin Tinggal Terbatas (KITAS). Under current regulations, specifically Government Regulation No. 40 of 2023 (the fourth amendment to Government Regulation No. 31 of 2013), the ITAS serves as both a residency permit and, in specific configurations, a re-entry permit.

The issuance of an ITAS is contingent upon the applicant falling into specific categories defined in Article 141 of Government Regulation No. 31 of 2013. These categories include:

  1. Foreigners entering for work purposes, including experts and those serving on vessels or installations in Indonesian waters.
  2. Foreigners entering for non-work purposes, such as investment, scientific research, education, or family unification.
  3. Children born in Indonesia to parents who hold an ITAS.
  4. Foreigners who were previously Indonesian citizens (repatriation).
  5. Foreigners married to Indonesian citizens.
  6. Children of foreigners legally married to Indonesian citizens.

Under Minister of Law and Human Rights (MOLHR) Regulation No. 22 of 2023, the ITAS is categorized based on the underlying visa (VITAS) used for entry. While the VITAS facilitates entry, the ITAS governs the duration of the stay and the scope of permissible activities.

Duration and Validity

The maximum duration and extension limits for an ITAS are governed by Article 148 of Government Regulation No. 31 of 2013, as amended by Government Regulation No. 40 of 2023. The statutory limits are:

  1. A standard ITAS is granted for a maximum period of 5 (five) years.
  2. The total cumulative stay for an ITAS holder, including all extensions, may not exceed 10 (ten) years.
  3. For work-related ITAS with a duration of less than 90 (ninety) days, the permit is granted for the specific duration of the work contract.
  4. For foreigners performing work on the continental shelf or in the Exclusive Economic Zone, the ITAS is valid for a maximum of 1 (one) year, extendable annually for a total stay not exceeding 5 (five) years.

The ITAS also functions as a Multiple Re-entry Permit (MREP). According to Article 174 of Government Regulation No. 31 of 2013, the re-entry permit’s validity is synchronized with the expiration date of the ITAS itself.

Conversion and Application Procedures

The transition from a Limited Stay Visa (VITAS) to an ITAS is a mandatory administrative step. Upon arrival at an Immigration Border Control (Tempat Pemeriksaan Imigrasi), the foreigner’s passport is stamped with an entry permit which serves as a temporary ITAS. According to MOLHR Regulation No. 29 of 2021, the ITAS application process involves:

  1. Submission of the application to the local Immigration Office (Kantor Imigrasi) within 30 days of arrival (though modern electronic VITAS systems often automate this process).
  2. Provision of biometric data, including fingerprints and facial photography.
  3. Payment of Non-Tax State Revenue (Penerimaan Negara Bukan Pajak or PNBP) fees as regulated by Government Regulation No. 28 of 2019.
  4. Verification of the sponsorship guarantee (Surat Penjaminan).

Article 54 of Law No. 6 of 2011 allows for the “Status Change” (Alih Status) from a Visit Stay Permit (Izin Tinggal Kunjungan) to an ITAS. This is permissible for foreigners who have found employment, married an Indonesian citizen, or transitioned into an investment role, provided they meet the substantive requirements of the new category.

Sponsorship and Obligations

The ITAS system is fundamentally built upon the principle of sponsorship (Penjaminan). Article 63 of Law No. 6 of 2011 mandates that every foreigner in Indonesia must have a sponsor who is responsible for their behavior and stay. The sponsor’s obligations include:

  1. Reporting any change in the foreigner’s civil status, occupation, or address to the Immigration Office.
  2. Covering the costs of deportation if the foreigner violates immigration laws.
  3. Ensuring the foreigner leaves the country upon the expiration of the ITAS.

Exemptions from the sponsorship requirement are limited to foreigners legally married to Indonesian citizens (where the spouse acts as the sponsor) and specific high-net-worth investors under the “Second Home” or “Golden Visa” frameworks, which are distinct permit classes (see cross-reference: Golden Visa and Second Home Visa Programs).

Termination and Cancellation

An ITAS may be terminated or cancelled under several conditions stipulated in Article 62 of Law No. 6 of 2011 and Article 159 of Government Regulation No. 31 of 2013. These include:

  1. Return to the foreigner’s home country with no intention of re-entering Indonesia.
  2. Expiration of the permit’s validity period.
  3. Conversion of the ITAS into a Permanent Stay Permit (ITAP).
  4. Cancellation by the Minister of Law and Human Rights or a designated Immigration Officer.
  5. Deportation or death of the permit holder.
  6. Failure to return to Indonesia before the expiration of the re-entry permit.

The administrative process for voluntary termination is known as the Exit Permit Only (EPO). If a foreigner is outside Indonesia and their ITAS expires, the sponsor must apply for an Exit Release Permit (ERP) to formally close the immigration record.

Statutory Fees

Fees for ITAS issuance are standardized under Government Regulation No. 28 of 2019 regarding types and rates of PNBP applicable to the Ministry of Law and Human Rights:

  1. ITAS for a maximum of 6 months: IDR 1,000,000.
  2. ITAS for a maximum of 1 year: IDR 1,500,000.
  3. ITAS for a maximum of 2 years: IDR 2,000,000.
  4. ITAS for a maximum of 5 years (specifically for certain categories): IDR 5,000,000.
  5. Re-entry Permit (MREP) for 1 year: IDR 1,000,000.
  6. Re-entry Permit (MREP) for 2 years: IDR 1,750,000.

Sources Cited