The Permanent Stay Permit (Izin Tinggal Tetap, hereinafter “ITAP”) is the highest tier of residency status afforded to foreign nationals under the Indonesian immigration framework. Governed primarily by Law No. 6 of 2011 on Immigration (the “Immigration Law”) and its implementing regulations, including Government Regulation No. 31 of 2013 as amended most recently by Government Regulation No. 40 of 2023, the ITAP serves as a mechanism for long-term residency for specific categories of foreigners who have demonstrated a stable nexus to the Republic of Indonesia.

Pursuant to Article 1 point 23 of Law No. 6 of 2011, an ITAP is defined as a permit granted to certain foreigners to reside and settle in Indonesian territory as residents. Unlike the Limited Stay Permit (Izin Tinggal Terbatas or ITAS), which is temporary and purpose-bound, the ITAP is intended for permanent or semi-permanent settlement. The statutory authority for the ITAP is established in Article 54 of the Immigration Law, which specifies that the permit may be granted to:

  1. Foreigners who hold a Limited Stay Permit as clergy, workers, investors, or retirees;
  2. Members of mixed-marriage families;
  3. Husbands, wives, and/or children of foreigners holding an ITAP; and
  4. Foreigners who were formerly Indonesian citizens or formerly held dual citizenship of the Republic of Indonesia.

Eligibility and Conversion (Alih Status)

The ITAP is generally not granted ab initio but is acquired through a status conversion process (Alih Status). Article 54 paragraph (2) of Law No. 6 of 2011 stipulates that for the categories of clergy, workers, investors, and retirees, the ITAP can only be granted after the applicant has resided in Indonesia for 3 (three) consecutive years and signed a Statement of Integration to the Government of the Republic of Indonesia.

The procedural requirements for status conversion are further detailed in Minister of Law and Human Rights Regulation No. 22 of 2023 on Visas and Stay Permits. Under Article 185 of this regulation, the conversion from ITAS to ITAP requires the applicant to maintain the same guarantor and the same underlying purpose of residency. For instance, a foreign investor holding an ITAS must maintain their investment status to qualify for the conversion to an ITAP.

Family-Based ITAP and Mixed Marriage Provisions

Specific protections and pathways exist for foreigners married to Indonesian citizens. Under Article 60 paragraph (2) of Law No. 6 of 2011, a foreign spouse may apply for an ITAP after their marriage has lasted for 2 (two) consecutive years. This application is contingent upon the foreigner already holding an ITAS.

A critical protection for mixed-marriage families is found in Article 62 paragraph (2) of Law No. 6 of 2011, which ensures that the ITAP remains valid even if the marriage is dissolved through divorce, provided the marriage lasted at least 10 (ten) years. Article 62 paragraph (2) states:

“Izin Tinggal Tetap bagi orang asing sebagaimana dimaksud dalam Pasal 54 ayat (1) huruf b yang diperoleh karena perkawinan yang sah yang putus karena perceraian dan/atau atas putusan pengadilan tetap berlaku walaupun perkawinannya telah putus, dengan syarat perkawinannya telah berusia 10 (sepuluh) tahun atau lebih.” (The Permanent Stay Permit for foreigners as referred to in Article 54 paragraph (1) letter b obtained through a valid marriage that is dissolved due to divorce and/or by court decision remains valid even though the marriage has ended, provided the marriage has lasted 10 (ten) years or more.)

In cases where the marriage has lasted less than 10 years, the foreigner must appoint a new guarantor who is an Indonesian citizen to maintain the ITAP.

Duration and Validity

The ITAP is granted for an initial period of 5 (five) years. According to Article 59 of Law No. 6 of 2011, after the initial five-year period, the ITAP may be extended for an “indefinite period” (jangka waktu tidak terbatas), provided that the permit holder’s circumstances have not changed.

Despite the “indefinite” nomenclature, ITAP holders are required to report to the local Immigration Office every 5 (five) years for administrative recording and biometric updates, as mandated by Article 191 of Minister of Law and Human Rights Regulation No. 22 of 2023. The permit is deemed void if the holder stays outside of Indonesia for more than 1 (one) consecutive year or fails to extend the permit before its expiry.

Rights and Obligations: The Right to Work

A significant legal provision regarding ITAP holders, particularly those in mixed marriages, is the qualified right to engage in employment. Article 61 of Law No. 6 of 2011 provides:

“Pemegang Izin Tinggal Terbatas sebagaimana dimaksud dalam Pasal 52 huruf e dan huruf f serta pemegang Izin Tinggal Tetap sebagaimana dimaksud dalam Pasal 54 ayat (1) huruf b dan huruf d dapat melakukan pekerjaan dan/atau usaha untuk memenuhi kebutuhan hidup dan/atau keluarganya.” (Holders of a Limited Stay Permit as referred to in Article 52 letters e and f and holders of a Permanent Stay Permit as referred to in Article 54 paragraph (1) letters b and d may perform work and/or business to meet the needs of their life and/or their family.)

This provision allows family-based ITAP holders to work or engage in business without the standard requirement of a Foreign Worker Utilization Plan (RPTKA), provided the work is for the purpose of supporting the family. However, this right is often interpreted strictly by the Ministry of Manpower, requiring the foreigner to work in an individual capacity or within specific sectors that do not conflict with broader labor regulations.

Termination of ITAP

The ITAP may be cancelled or revoked under specific conditions outlined in Article 62 of Law No. 6 of 2011 and Article 195 of Regulation No. 22 of 2023. The grounds for termination include:

  1. The holder leaving Indonesia for more than 1 (one) year without the intent to return;
  2. The holder failing to extend the ITAP after the 5-year period;
  3. The holder obtaining Indonesian citizenship;
  4. The permit being cancelled by the Minister or a designated Immigration Officer due to the foreigner being involved in activities that endanger national security or violate public order;
  5. The death of the holder.

For ITAP holders whose status is derived from a spouse, the death of the Indonesian spouse does not automatically terminate the ITAP. The foreigner may remain in Indonesia by appointing a new Indonesian citizen guarantor.

Administrative Procedures and Fees

The application for an ITAP is submitted through the Directorate General of Immigration’s electronic system. The process involves a physical interview, site visits by immigration intelligence officers (Wasdakim) to verify the residency and activities of the applicant, and the issuance of a physical or electronic stay permit card (KITAP).

The fees for ITAP services are regulated under Government Regulation No. 28 of 2019 concerning Types and Rates of Non-Tax State Revenue (PNBP) applicable to the Ministry of Law and Human Rights. As of the current regulatory framework, the fee for a 5-year ITAP is IDR 5,000,000, with an additional fee of IDR 10,200,000 for an ITAP with an unlimited duration (extension).

Sources Cited