One of the most common questions in Indonesian immigration practice is whether a foreign national may carry out a particular activity using a Business Visa or whether such activity requires a Work Permit.
This question is frequently raised by multinational companies, Human Resources (HR) teams, global mobility service providers, foreign investors, and international law firms assisting their clients in conducting business activities in Indonesia.
In practice, determining the appropriate permit is not always straightforward. The assessment is generally based not on the length of time a person stays in Indonesia, but rather on the type and scope of activities that will be carried out while in Indonesia.
Failure to use the appropriate permit may create compliance risks, including administrative sanctions, immigration enforcement measures, and disruption to business operations.
- Key Principle: Focus on the Activities Performed
There is a common assumption that a Work Permit is only required when a foreign national works in Indonesia on a long-term basis.
However, in practice, the relevant authorities generally focus on the substance of the activities being performed rather than the duration of a person’s stay in Indonesia.
Therefore, even if an assignment is only for a short period, a Work Permit may still be required if the activities performed are considered work activities. This is in line with Article 6 of Government Regulation Number 34 of 2021 regarding the Employment of Foreign Workers.
Accordingly, companies should assess the activities to be carried out, rather than relying solely on the duration of stay.
- Activities Commonly Conducted Under a Business Visa
In general, a Business Visa is used to support certain business activities that do not constitute an employment relationship with an employer.
Examples of activities commonly conducted under a Business Visa, such as a visa with Index C2, which only permits the following activities pursuant to the Decree of the Minister of Immigration and Corrections of the Republic of Indonesia Number M.IP-08.GR.01.01 of 2025 concerning Visa Classification, include:
- Conducting discussions, meetings, negotiations, and/or signing business agreements, including but not limited to activities at offices, factories, or production facilities;
- Conducting site visits to offices, factories, production facilities, investment locations, and/or mining sites (not limited to branch offices or representative offices);
- Purchasing goods.
However, the visa holder is prohibited from:
- Directly selling goods or services;
- Continuously supervising production activities of manufacturers or sellers (including meetings, presentations, briefings, observations, or similar activities directed toward manufacturers or sellers);
- Operating, repairing, or installing machinery;
- Receiving compensation, wages, salaries, or similar payments from individuals or corporations in Indonesia.
- Activities That Generally Require a Work Permit
A Work Permit is generally required when a foreign national works in Indonesia.
Although the term “worker” is not specifically defined under Government Regulation Number 34 of 2021 or Minister of Manpower Regulation Number 8 of 2022, other Indonesian regulation define a worker as:
“Any person who works and receives a salary, wage, or other form of remuneration.”
Therefore, determining whether a Work Permit is required should not only consider immigration regulations but also the broader employment law framework in Indonesia.
- Areas That Commonly Raise Compliance Questions
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Machinery Installation and Repair
Foreign companies frequently send technicians or engineers to Indonesia to perform the installation, repair, maintenance, or testing of machinery.
These activities require careful assessment because they involve technical work performed directly in Indonesia.
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Training and Knowledge Transfer
The assignment of foreign experts to provide training to employees, distributors, or customers is common across various industries.
When determining the appropriate permit, consideration should be given to the scope of the training, the role of the instructor, the duration of the activities, and the applicable regulations.
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Audit, Inspection, and Quality Control Activities
Multinational companies frequently assign internal auditors, quality control specialists, or compliance teams to review company operations in Indonesia.
Although certain audit and inspection activities may be conducted as part of business activities, each case requires a separate assessment based on its specific characteristics.
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Seminars, Conferences, and Exhibitions
Participation in seminars, conferences, or exhibitions is generally different from an employment relationship.
However, the role of the foreign national should still be carefully considered, including whether the individual participates as an attendee, speaker, presenter, technical demonstrator, or company representative for promotional purposes.
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After-Sales Services and Technical Support
Activities relating to after-sales services, equipment maintenance, technical support, or troubleshooting operational issues are frequently reviewed from an immigration compliance perspective.
Companies should ensure that the type of permit used is appropriate for the activities to be carried out.
- Compliance Considerations for Companies
Before assigning foreign personnel to Indonesia, companies should conduct a compliance assessment of the planned activities.
The following questions may serve as an initial assessment:
- What activities will be carried out in Indonesia?
- Will the individual provide services to customers?
- Will any technical work be performed?
- Will there be any installation, repair, or maintenance of equipment or machinery?
- Will the individual provide training?
- Will the individual perform operational supervision functions?
- Do the activities directly contribute to the company’s business operations?
- Will the individual receive a salary, wage, or other remuneration in Indonesia?
The answers to these questions may assist companies in determining the appropriate permit requirements.
Conclusion
The distinction between a Business Visa and a Work Permit in Indonesia is primarily determined by the nature and scope of the activities performed, rather than solely by the duration of a foreign national’s stay in Indonesia.
As cross-border workforce mobility continues to increase and immigration compliance receives greater attention, companies should ensure that every assignment is properly assessed before activities commence.
In situations requiring further interpretation, consultation with professional advisors may help companies understand their relevant compliance obligations and minimize potential risks.
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How We Can Help
Each immigration case should be assessed based on its specific facts and circumstances. Activities that appear similar may have different immigration implications under Indonesian regulations.
Should you require further clarification regarding Business Visas, Work Permits, expatriate assignments, or other immigration compliance matters in Indonesia, please feel free to contact our team.
TAMA Global Mobility
WhatsApp Hotline: +62 821-1015-402
Email: info@tamaglobalmobility.com
We would be pleased to discuss your requirements and assist with the assessment of appropriate immigration pathways for your personnel.
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The information contained in this publication may not reflect the most current legal, regulatory, or policy developments and should not be relied upon as a substitute for specific professional advice. No action should be taken or refrained from being taken on the basis of this publication without obtaining advice tailored to the particular facts and circumstances of the matter concerned.
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