The legal framework governing entry into Indonesia for short-term stays is primarily established by Law No. 6 of 2011 on Immigration (Undang-Undang Nomor 6 Tahun 2011 tentang Keimigrasian) and its various implementing regulations, most notably Government Regulation No. 31 of 2013 as amended by Government Regulation No. 40 of 2023. Within this framework, the Visa-Exemption (Bebas Visa Kunjungan) and Visa on Arrival (Visa Kunjungan Saat Kedatangan) regimes provide the primary mechanisms for foreign nationals to enter the territory for non-permanent purposes such as tourism, government duties, business meetings, or transit.

Under Article 34 of Law No. 6 of 2011, a Visit Visa (Visa Kunjungan) is granted to foreign nationals who intend to stay in Indonesia for a short period. The specific regimes of Visa-Exemption (BVK) and Visa on Arrival (VoA) are subsets of this category, which automatically grant the holder a Visit Stay Permit (Izin Tinggal Kunjungan or ITK) upon entry. Article 43 of Law No. 6 of 2011 stipulates:

“Visa kunjungan saat kedatangan diberikan kepada Orang Asing pada Tempat Pemeriksaan Imigrasi tertentu berdasarkan kriteria tertentu.” (A visa on arrival is granted to Foreigners at certain Immigration Checkpoints based on certain criteria.)

The administrative procedures and the list of eligible countries are further refined by Minister of Law and Human Rights (MOLHR) Regulation No. 22 of 2023 regarding Visas and Stay Permits (Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 22 Tahun 2023 tentang Visa dan Izin Tinggal).

Visa-Exemption Regime (Bebas Visa Kunjungan - BVK)

The Visa-Exemption regime is currently governed by Presidential Regulation No. 21 of 2016 regarding Visa Exemption (Peraturan Presiden Nomor 21 Tahun 2016 tentang Bebas Visa Kunjungan). Article 3, Paragraph (1) of this regulation states:

“Penerima Bebas Visa Kunjungan dibebaskan dari kewajiban memiliki Visa kunjungan untuk masuk ke Wilayah Indonesia.” (Recipients of Visa Exemption are exempted from the obligation to possess a Visit Visa to enter Indonesian Territory.)

Historically, this exemption was extended to 169 countries to stimulate tourism. However, following the COVID-19 pandemic and the issuance of subsequent circulars by the Directorate General of Immigration, the application of BVK has been significantly narrowed to prioritize the principle of reciprocity. As of the latest updates in 2024, BVK is primarily restricted to citizens of ASEAN (Association of Southeast Asian Nations) member states.

The specific characteristics of the BVK regime include:

  1. Duration: A maximum stay of 30 days.
  2. Extension: Under Article 4 of Perpres 21/2016, the BVK stay permit is strictly non-extendable (tidak dapat diperpanjang).
  3. Conversion: The permit cannot be converted into any other type of stay permit (e.g., ITAS).
  4. Permitted Activities: Limited to tourism, family visits, social activities, art and culture, government assignments, giving lectures or attending seminars, attending meetings held by head offices or representatives in Indonesia, and transit.

Visa on Arrival (VoA) and Electronic Visa on Arrival (e-VoA)

The Visa on Arrival (VoA) regime allows eligible foreign nationals to obtain a visa at designated Immigration Checkpoints (Tempat Pemeriksaan Imigrasi or TPI) or via an electronic portal prior to arrival. The current list of countries eligible for VoA is updated periodically by the Director General of Immigration. According to Circular Letter No. IMI-0133.GR.01.01 of 2024, there are currently 97 countries eligible for the VoA/e-VoA facility.

Procedural Requirements and Fees

To obtain a VoA, a foreign national must present:

  1. A passport valid for at least 6 (six) months.
  2. A return ticket or a connecting ticket to continue the journey to another country.
  3. Payment of the Non-Tax State Revenue (Penerimaan Negara Bukan Pajak or PNBP) fee.

The fee for a VoA is regulated by Government Regulation No. 28 of 2019 regarding Types and Rates of Non-Tax State Revenue Applicable to the Ministry of Law and Human Rights. The current fee is:

  • IDR 500,000 per application.

Duration and Extension

Unlike the BVK, the stay permit granted via a VoA is extendable. Under MOLHR Regulation No. 22 of 2023, the initial stay permit is valid for 30 days and may be extended once for an additional 30 days at a local immigration office or through the electronic immigration portal (for e-VoA holders). The total maximum stay under a VoA regime is 60 days.

Electronic Visa on Arrival (e-VoA)

The e-VoA (Index B1 for Tourism or B2 for Business under the previous nomenclature, now integrated into the Molina/evisa.imigrasi.go.id portal) allows travelers to complete the application and payment process online. This digital transformation is authorized under Article 157 of MOLHR Regulation No. 22 of 2023, which facilitates the issuance of visas through electronic information systems.

Comparison of BVK and VoA Regimes

The following table outlines the statutory distinctions between the two regimes:

FeatureVisa-Exemption (BVK)Visa on Arrival (VoA)
Legal BasisPerpres 21/2016Law 6/2011; PP 28/2019
FeeFree (IDR 0)IDR 500,000
Duration30 Days30 Days
ExtendableNoYes (Once for 30 days)
ConversionNoNo
EligibilityASEAN Member States97 Designated Countries

Limitations and Prohibitions

Both BVK and VoA are strictly prohibited for employment purposes. Article 102 of MOLHR Regulation No. 22 of 2023 clarifies that holders of Visit Stay Permits are not permitted to engage in work for hire or receive wages from an Indonesian entity, except for specific activities explicitly permitted under the “Business Meeting” or “Purchasing Goods” categories. Engaging in unauthorized labor constitutes a violation of Article 122 letter (a) of Law No. 6 of 2011, which carries administrative and criminal penalties.

Designated Immigration Checkpoints (TPI)

Not all entry points in Indonesia are authorized to issue VoA or process BVK entries. The list of authorized TPIs is determined by the Minister and typically includes major international airports such as Soekarno-Hatta (Jakarta), Ngurah Rai (Bali), Juanda (Surabaya), and Kualanamu (Medan), as well as specific seaports and cross-border posts (Pos Lintas Batas Negara).


Sources

  1. Law No. 6 of 2011 on Immigration (Undang-Undang Nomor 6 Tahun 2011 tentang Keimigrasian)
  2. Government Regulation No. 31 of 2013 regarding Implementing Regulations of Law No. 6 of 2011
  3. Government Regulation No. 40 of 2023 regarding the Fourth Amendment to PP 31/2013
  4. Presidential Regulation No. 21 of 2016 regarding Visa Exemption (Peraturan Presiden Nomor 21 Tahun 2016 tentang Bebas Visa Kunjungan)
  5. Minister of Law and Human Rights Regulation No. 22 of 2023 regarding Visas and Stay Permits
  6. Government Regulation No. 28 of 2019 regarding Non-Tax State Revenue in the Ministry of Law and Human Rights
  7. Directorate General of Immigration Circular Letter No. IMI-0133.GR.01.01 of 2024 regarding the List of Countries for VoA and BVK
  8. Official e-Visa Portal of the Directorate General of Immigration