Legal Update : Issuance of The Ministry of Law and Human Rights Regulation Number 19 of 2024 on Second Amendment to Ordinary Passport and Travel Letter as Passport Regulations

On 12 August 2024, Ministry of Law and Human Rights (“MOLHR”) issued Regulation Number 19 of 2024, amending the previous Regulation Number 8 of 2014 concerning Ordinary Passports and Travel Letters as Passports (“MOLHR Regulation 19/2024”). The issuance of MOLHR Regulation 19/2024 aims to improve the quality of services related to ordinary passports and passport-like travel documents (Surat Perjalanan Laksana Paspor). This regulation updates the legal framework to better align with evolving legal and public needs. Prior to MOLHR Regulation 19/2024, the government introduced an initial regulation, the Ministry of Law and Human Rights Regulation Number 8 of 2014 on Regular Passports and Passport Replacement Travel Letters, which was most recently amended by the Ministry of Law and Human Rights Regulation Number 18 of 2022 (collectively referred to as “MOLHR Regulation 8/2014”)

Key aspects that need to be highlighted in this regulation mainly revolve around effective periods of passports, alternative mechanisms for manual passport issuance, replacement passports, and adjusted passport-like travel documents issuance. In addition, this regulation offers more flexibility, extends passport validity, enhances the application process, and clarifies documentation requirements, especially for children and citizens abroad. It is more aligned with modern international standards and digitalization efforts, reflecting Indonesia’s commitment to improving immigration services.

The following are several key changes and new provisions to take note in this MOLHR Regulation 19/2024:

A. Extended Passport Validity
Pursuant to Article 2A MOLHR Regulation 19/2024, the validity period for a general passport is 10 (ten) years. Furthermore, this 10-year period only applies to Indonesian citizens (Warga Negara Indonesia) aged 17 and above, or those who are married, residing in Indonesia. Meanwhile, passports for Indonesian citizens abroad or younger than 17 remain valid for a maximum of 5 years.

B. Enhanced Flexibility for Certain Cases
The new regulation introduces flexibility for issuing 5-year passports to citizens aged 17+ or married in special conditions, which was not clearly outlined in the prior amendments.
The flexibility stretches to the application of Passports. It is stipulated that a manual Passport application may be held outside the Office of Immigration to the extent of under exigent circumstances, as stated in Article 9A MOLHR Regulation 19/2024. Moreover, subject to Article 9B MOLHR Regulation 19/2024, application for ordinary Passport submitted manually at the Representative of the Republic of Indonesia can followed up with a technical assistance mechanism technical assistance mechanism of the Directorate General of Immigration.

C. Improved Application Process
The current regulation allows passport applications to be submitted electronically or manually, which improves accessibility and service efficiency. While the 2014 regulation primarily focused on manual applications, this amendment formalizes the digital process and mentions data interoperability for document verification. Pursuant to data interoperability between systems.

D. Children’s Passport and Dual Nationality Provisions
MOLHR Regulation 19/2024 adds clarity to the requirements for dual-nationality children, specifying documentation needs such as affidavits for dual nationality and additional parental documents. This addresses ambiguities in earlier versions, enhancing protection for children of mixed-nationality parents. It also elaborates on specific conditions such as divorce or parental absence, as stipulated in Article 5A of MOLHR Regulation 19/2024, where an affidavit is required to prove a child’s dual-nationality status, details that were not as thoroughly covered in previous amendments.

E. Passport Services Outside Indonesia
This regulation outlines clearer procedures for Indonesian citizens abroad applying for passports, including additional residency documents and coordination mechanisms between Indonesian representatives and immigration offices. This was less detailed in previous versions. It is mentioned in Article 7 MOLHR Regulation 19/2024 that for Indonesian Citizens domiciled outside the territory of Indonesia, applications for ordinary Passports are submitted to the Minister or a designated Immigration Officer at the Representative of the Republic of Indonesia by filling out the data application and attaching the requirements. Likewise, the provision for Passport replacement is identical to the provision provided in Article 7 MOLHR Regulation 19/2024.

F. Handling Passport Replacements
The replacement process for lost, expired, or damaged passports is further specified, particularly for those applying abroad. This adds clarity on the procedural steps, including the role of the Directorate General of Immigration for technical assistance, which was less emphasized in earlier regulations.

G. Non-Refundable Fees
Pursuant to Article 21 MOLHR Regulation 19/2024, except in certain circumstances stipulated in laws and regulations, any related fee to the application of a passport that is fully paid to the state treasurer cannot be refundable.

H. Technical Specifications
The technical specifications of both passports and passport-like travel documents are deemed to be subject to International Civil Aviation Organization (“ICAO”). Technical specifications are divided into 1) general security technical specifications; and 2) particular security technical specifications. This regulation provides more detailed and explicit provision regarding security specifications and passport design in order to comply with ICAO standards.

For further information, please contact Ms. Sylvia Mauren at:
Marieta Mauren
Menara Global – 7th Floor
Jln. Gatot Subroto Kav. 27 Jakarta Selatan 12950, Indonesia
Phone: +62 21 5292 0918 / 0919
E-mail: mauren@marietamauren.id, info@marietamauren.id
Website: https://marietamauren.id/

Disclaimer:
This article is intended for general information only. It is not intended to be, nor should it be construed as, legal advice applicable to your particular situation. You should seek the advice of legal counsel of your choice before acting upon any of the information in this article.