IMMIGRATION INSPECTION FOR INDIVIDUALS OF ENTERING/EXITING INDONESIAN’S TERRITORY
The Minister of Law and Human Rights (Minister) has recently decided to issue Regulation Number 9 of 2024 on Procedures for Immigration Inspections of Individuals Entering or Exiting Indonesian Territory (Regulation 9/2024) which is set to come into force on 18 June 2024. The enactment of Regulation 9/2024 will simultaneously revoke and replace Regulation Number 44 of 2015 on Procedures for Checking Entry and Exit of Indonesian Territory at Immigration Checkpoints (Regulation 44/2015).
Both in Regulation 44/2015 and in Regulation 9/2024, both still affirm that everyone who wants to enter or leave Indonesian territory are required to undergo inspections carried out by immigration officers at the relevant Immigration Checkpoint (Tempat Pemeriksaan Imigrasi – TPI). However, Regulation 9/2024 has made changes to several aspects of immigration inspection that were previously contained in the framework of Regulation 44/2015.
Here are the main aspects:
Requirements for Entering or Existing Indonesian Territory
In Regulation 9/2024, there are additional requirements for foreigners that break down as follows:
| Criteria for Foreigners | Additional Requirements |
| Exempted from visa requirements | Must possess a return ticket or onward ticket for further travel to another country |
| Holders of limited/permanent stay permits | Must hold a re-entry permit for entry into Indonesian territory |
| Holders of travel documents other than national passports | Must hold a re-entry permit to the country in which they applied for a visit visa;Must possess a return ticket or onward ticket for further travel to another country, with the exception of crew members who will join their official transportation; andMust have secured visa approval from the Director-General of Immigration (Director-General). |
Especially for Indonesian citizens who want to enter or leave Indonesian territory, Regulation 9/2024 does not make significant changes to the applicable requirements (namely must have a Travel Document of the Republic of Indonesia (DPRI), such as a passport, not included in the immigration prevention list and must be included in the list of the crew of the relevant means of transportation). However, in the latest regulation, it is explained that the DPRI must have a minimum validity period of six months as affirmed in Article 12 and Article 13 of Regulation 9/2024.
Immigration Inspections
One of the obligations for foreigners and Indonesian citizens entering or exiting Indonesian territory must pass the immigration inspection. The adjustments regarding this aspect of inspection in Regulation 9/2024 are as follows:
| Immigration Inspections of Foreigners | ||||
| Inspected Aspects | Regulation 44/2015 | Regulation 9/2024 | ||
| Entry | Exit | Entry | Exit | |
| Validity of travel document | √ | √ | √ | √ |
| Visa or re-entry permit for holders of ITAS or ITAP | √ | √ | √ | √ |
| Validity and expiration date of an Asia Pacific Economic Cooperation Business Travel Card (Kartu Perjalanan Pebisnis Asia Pacific Economic Cooperation – KPP APEC) for KPP APEC holders | √ | |||
| Information on purpose of visit | √ | √ | √ | |
| Conformity of purpose of visit with secured visa | √ | |||
| Biometric data collection through the immigration crossing application | √ | √ | √ | √ |
| Conformity between scanned travel documents and biometric data stored within the immigration database | √ | √ | ||
| Conformity of data on the passenger list or means of transportation list | √ | √ | ||
| Verification of foreign individual data on the immigration prohibition list | √ | √ | √ | |
| Other documents required in relation to the immigration inspection process | √ | |||
| Immigration Inspections of Indonesian Citizens | ||||
| Inspected Aspects | Regulation 44/2015 | Regulation 9/2024 | ||
| Entry | Exit | Entry | Exit | |
| Validity of DPRI | √ | √ | √ | √ |
| Brief interview | √ | √ | √ | |
| Conformity between scanned DPRI and biometric data stored within the immigration database | √ | √ | ||
| Matching data on the passenger list or means of transportation list (with the exception of private vehicles or cargo-carrying vehicles at land border checkpoints) | √ | √ | √ | |
| Verification of data on the immigration prevention list | √ | √ | √ | |
It should be noted that if any individuals who do not meet the requirements, have any issues and/or arouse suspicion during the immigration inspection above, it will be subject to further inspection.
Immigration Settlements: Deviations, Cancellations and Transfers
In Regulation 9/2024 introduces a new mechanism that will apply to travel division, such as those carried out by transportation equipment that has obtained an immigration clearance for departure but is still at and/or stops at airports/ports/other places in Indonesian territory (Deviation).
Therefore, Article 103 of Regulation 9/2024 describes the procedures that can be carried out to complete the Revision, namely:
- The person in charge of the transportation vehicles must notify the immigration officials at TPI at the first opportunity
- TPI immigration officials must ensure that any Deviation of transportation vehicle are subject to immigration inspection during exit from Indonesian territory and are reported to the Head of the Relevant Immigration Official.
- Furthermore, the Head of the Relevant Immigration Official should then submit an application for approval to the Director-General
- If approved, the Director-General will then instruct the designated immigration official to update the data stored in the immigration crossing application
- The immigration official at TPI will then carry out immigration inspection procedures and cancel the relevant exit stamp by affixing a cancellation stamp on the travel document.
- If rejected, the immigration official at the TPI will then implement procedures for the denial of entry into Indonesian territory.
As stipulated in Article 104 of Regulation 9/2024 that in the event that the departure is cancelled or transferred to another transportation vehicle, the persons in charge of the relevant transportation vehicle are required to report every passenger/crew that are affected by the departure cancellation or transfer to the immigration official at TPI in writing. When the immigration inspection is complete, the passenger/crew will be notified with a cancellation of the exit stamps that feature in their travel documents, while the relevant data stored in the immigration application will then be updated.
For legal assistance or if you have any questions, please contact:
Fanny
T. (+6221) 2222-0200
E. [email protected]
Bella
T. (+6221) 2222-0200
E. [email protected]
