KITAS/ITAS is a limited stay permit card, while KITAP/ITAP is a permanent stay permit card. KITAS/ITAS is granted to:

1. Foreigners entering the territory of Indonesia with a limited stay visa;
2. A child born in the territory of Indonesia whose father and/or mother holds a limited stay permit;
3. Foreigners granted a change of status from a visit permit;
4. Captains, crew members, or foreign experts on board ships, floating devices, or installations operating in the waters and jurisdiction of Indonesia in accordance with the provisions of the legislation;
5. Foreigners who are legally married to Indonesian citizens; or
6. Children of foreigners who are legally married to Indonesian citizens.

Furthermore, the Minister of Law and Human Rights or the designated immigration officer can grant, extend, and revoke ITAS. The process for managing ITAS for Foreign Workers (TKA) is as follows:

1. A foreigner or their guarantor submits an ITAS application to the Head of the Immigration Office or the designated immigration officer whose area of work includes the foreigner’s place of residence. Thus, the place to process ITAS is at the local immigration office where the foreigner resides.
2. For Foreign Workers (TKA) intending to work as experts in Indonesia, the data application must be completed by attaching the following requirements:
3. A guarantee letter from the guarantor;
4. A valid and current national passport; and
5. A recommendation letter from the relevant government agency and/or institution.
6. The application must be submitted within 30 days from the date of entry. If the time period is exceeded, the service fee will be charged in accordance with the laws and regulations. Foreigners who have obtained an ITAS at the immigration inspection site are not included in this provision.
7. Next, these requirements are checked by the head of the immigration office or a designated immigration officer.
8. The ITAS will be issued within four working days if the inspection requirements have been met and the photo has been taken.

The government has issued Regulation of the Minister of Law and Human Rights 22/2023, as updated by Regulation of the Minister of Law and Human Rights 11/2024, to simplify the process of issuing visas and residence permits for foreign workers in Indonesia. For prospective Foreign Workers (TKA), the ITAS is granted in the form of an entry stamp by immigration officials at the immigration checkpoint, or at another location designated as an immigration checkpoint with the approval of the director general. ITAS can be issued in two forms, namely a virtual KITAS sent electronically or a KITAS printed by immigration officials designated by the Directorate General of Immigration. Within a maximum of three working days after issuance, the immigration official designated by the director general prints and sends the limited stay permit card to the immigration office. ITAS is granted for a period of no more than five years and can be extended, provided that the total residence permit does not exceed ten years. ITAS can also be granted to foreigners for work for a maximum of 90 days, and it can be extended with the condition that the total residence permit does not exceed 180 days in Indonesia.

The KITAP/ITAP is granted to certain foreigners who are entitled to reside and live in the territory of Indonesia as Indonesian residents. ITAP can be granted through a status transfer to:

1. Foreigners holding a temporary stay permit (ITAS) as religious leaders, workers, investors, or second homeowners;
2. Families due to mixed marriages;
3. Husbands, wives, and/or children of foreigners holding a permanent stay permit (ITAP); and
4. Foreigners who were once Indonesian citizens and have children with dual citizenship of the Republic of Indonesia.

In addition, ITAP can be granted directly without going through a status change to:

1. The subjects are children of the Republic of Indonesia who have dual citizenship and then choose to become foreign citizens;
2. Children born in Indonesia to foreigners who hold ITAP (Permanent Stay Permit); and
3. Indonesian citizens who lose their citizenship in the territory of Indonesia.

The process for managing ITAP for foreign workers is as follows:

1. The foreigner or sponsor submits an ITAP application to the head of the immigration office or designated immigration officer whose jurisdiction includes the foreigner’s place of residence.
2. The ITAP application is submitted by filling out the data and attaching the requirements:
3. A valid and current national passport;
4. Proof of sponsorship from the sponsor or immigration guarantee;
5. An integration statement; and
6. Other documents to clarify the purpose or status of the foreigner.
7. Subsequently, the application is reviewed by the head of the immigration office or designated immigration officer.
8. Within a maximum of four working days, the head of the immigration office or designated immigration officer issues the ITAP if the completeness of the application has been verified and the photo has been taken.

ITAP is valid for five years and can be extended indefinitely if the residence permit is not revoked. Holders of ITAS as religious workers, employees, investors, or those with a second home can be granted ITAP after the applicant has resided for 3 consecutive years and signed a statement of integration to the Government of the Republic of Indonesia.

Foreign workers can obtain an ITAP through a status change, according to Regulation of the Minister of Law and Human Rights 22/2023. Foreign workers (TKA), sponsors, or responsible parties must submit an application for the status change from ITAS to ITAP to the head of the immigration office or designated immigration officials, attaching:

1. A valid and current national passport;
2. An integration statement except for children under 18 years old and unmarried;
3. The relevant foreigner’s ITAS;
4. A guarantee letter from the guarantor if there is a guarantor;
5. The Identity Card and/or Family Card of the guarantor or responsible party if there is a guarantor or responsible party; and
6. The ITAP of the husband, wife, father, mother, or child, in the case of joining the husband, wife, father, mother, or child who holds ITAP.

In addition to the above requirements, foreign workers must also consider the completeness of the requirements and the submission of commitment updates in accordance with applicable regulations when obtaining a Limited Stay Permit (ITAS) through a Limited Stay Visa or Permanent Stay Permit (ITAP), among others:

1. Proof of company legitimacy;
2. Proof of employment licensing legitimacy;
3. Proof of religious activities legitimacy;
4. Latest bank statement;
5. Changes to the company deed;
6. Latest land and building tax;
7. Latest financial report;
8. Latest corporate tax;
9. Latest income proof;
10. Latest bond letter;
11. Latest share ownership; or
12. Other evidence that supports the intent or purpose of residing in Indonesia.

ITAS originating from a Limited Stay Visa, status change, or transition cannot be converted to ITAP. Additionally, ITAS status can be changed to ITAP for foreigners who are working, becoming religious leaders, foreign investors, or establishing a second home. However, with the stipulation that the foreigner has resided in Indonesia for at least three consecutive years since the issuance of the ITAS.

Basic Law :

• Law Number 6 of 2011 on Immigration;
• Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation;
• Law Number 6 of 2023 concerning the Establishment of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation as Law;
• Government Regulation Number 31 of 2013 concerning the Implementation Regulation of Law Number 6 of 2011 concerning Immigration;
• Government Regulation Number 26 of 2016 concerning Amendments to Government Regulation Number 31 of 2013 concerning the Implementation Regulation of Law Number 6 of 2011 concerning Immigration;
• Government Regulation Number 51 of 2020 concerning the Second Amendment to Government Regulation Number 31 of 2013 concerning the Implementation Regulation of Law Number 6 of 2011 concerning Immigration;
• Government Regulation Number 48 of 2021 concerning the Third Amendment to Government Regulation Number 31 of 2013 concerning the Implementation Regulation of Law Number 6 of 2011 concerning Immigration;
• Government Regulation Number 40 of 2023 concerning the Fourth Amendment to Government Regulation Number 31 of 2013 concerning the Implementation Regulation of Law Number 6 of 2011 concerning Immigration;
• Regulation of the Minister of Law and Human Rights Number 22 of 2023 concerning Visas and Residence Permits;
• Regulation of the Minister of Law and Human Rights Number 11 of 2024 concerning Amendments to the Regulation of the Minister of Law and Human Rights Number 22 of 2023 concerning Visas and Residence Permits.

Reference : Hukumonline.com