Granting Research Permits for Foreigners, Here Are the Regulations

PERTANYAAN

In an era where the Indonesian government is strengthening its control over the sea, can we, the people, report the activities of foreigners doing research in Indonesia that disrupt our livelihood as fishermen? The head of the village had previously asked about the research permit and it turned out that the foreign researcher did not have one. Is there a law that regulates research permit procedures?

INTISARI JAWABAN

Research and development activities by foreign universities, foreign research and development institutions, foreign business entities, and foreigners in Indonesian territory are carried out on the basis of a written permit from the authorized government agency.

So, are there criminal sanctions for foreigners who conduct research without a permit? What is the research permit procedure for foreigners?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Pemberian Surat Izin Penelitian bagi Orang Asing, Begini Aturannya written by Renata Christha Auli, S.H. on Wednesday, 2 August 2023.

This article is the second update of the article entitled Regulation on the Granting of Research Permit for Foreigners written by Sovia Hasanah, S.H. on Friday, 23 February 2018, and updated by David Christian, S.H. on Friday, 7 October 2022.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Research Permit for Foreigners

Before answering your question, we should first understand what is meant by research. According to Article 6 Law 11/2019, research is an activity that is conducted according to scientific methodology to obtain data and information related to the understanding of natural and/or social phenomenon, the validity of truth and untruth of an assumption and/or hypothesis, and drawing scientific conclusion.

The specific rules regarding research activities conducted by foreigners can be seen in Government Regulation 41/2006. Basically, to conduct research and development activities in Indonesia, foreign universities, foreign research and development institutions, foreign business entities, and foreigners must obtain a written permit from the authorized government agency.[1]

A written permit from the authorized government agency is granted by the minister in the field of research, development, and application of science and technology ("Minister")[2] based on the results of an assessment of the object of the permit and the nature of the harm that can be caused by research and development activities.[3]

Research and development permits are granted for a maximum period of 1 year and may be extended a maximum of 2 times consecutively for a maximum period of 1 year each.[4]

Furthermore, foreign universities, foreign research and development institutions, foreign business entities, and foreigners conducting research and development activities must have guarantor institutions and working partners whose competence and eligibility are determined by the coordination team.[5]

Moreover, it should be noted that foreign universities, foreign research and development institutions, foreign business entities, and foreigners can only conduct research and development activities in accordance with the permit granted.[6]

So, is there a law that regulates the research permit procedure? Here's the review.

Research Permit Procedure

In response to your question, applications for research and development licenses or permit for foreign universities, foreign research and development institutions, foreign business entities, and foreigners are submitted in writing to the Minister.[7]

The application must be accompanied by the following requirements as follows:[8]

1. research and development activity plan, which contains information regarding:[9]
   1. foreign universities, foreign research and development institutions, foreign business entities, and foreigners concerned;
   2. the name of the researcher of the foreign university, foreign research and development institution, and foreign business entity concerned;
   3. aims and objectives of the research and development;
   4. object and field of research and development;
   5. the location and area of the research and development activities; and
   6. the benefits of research and development activities for the Indonesian Nation;
2. a letter of recommendation or approval from the guarantor institution; and
3. a letter of cooperation with partners from research and development institutions and/or universities in Indonesia.

For information, as cited from the Indonesian Ministry of Foreign Affairs page on Research Permit Procedures, there are Pre-Arrival Research Permit Procedures and Post-Arrival Permit Procedures.

The Pre-Arrival Research Permit Procedure consists of (p. 6-13):

1. Submission of research application documents;
2. Licensing Determination in the Foreign Researcher Licensing Coordination Team Session (in Bahasa Indonesia is known as Sidang Tim Koordinasi Pemberian Izin Peneliti Asing/ “TKPIPA”) ; and
3. Application for a Research Visa, namely a Limited Stay Visa (Visa Tinggal Terbatas/ "VITAS") index 315 to the Directorate General ("DG") of Immigration.

Also read: Types of Indonesian Visas and Their Uses

Meanwhile, the Post-Arrival Permit Procedure consists of reports that must be made by Foreign Researchers while in Indonesia, as follows (pp. 13-25):

1. The Foreign Researcher collects the visa at the Indonesian Representative, and the PA must immediately report to the TKPIPA Secretariat located at the Indonesian Ministry of Research, Technology and Higher Education (in Indonesia known as Kemristekdikti);
2. Foreign Researcher reports to the Police Headquarters to obtain a Right to Pass Certificate (Surat Keterangan Jalan);
3. Foreign Researcher reports to the Ministry of Home Affairs to obtain a Research Notification Letter;
4. Foreign Researcher reports to the local Immigration office to obtain a Limited Stay Permit Card (Kartu Izin Tinggal Terbatas/ "KITAS") and Multiple Exit Re-entry Permit ("MERP");
5. Foreign Researchers who will conduct research in conservation areas, such as in National Parks or Nature Reserves, must report to the office of the DG of Ecosystem Natural Resources Conservation or the Natural Resources Conservation Centre of the Ministry of Environment and Forestry to obtain a Conservation Area Entry Permit;
6. Foreign Researcher who has arrived in the research area must immediately report to the National Unity and Politics Agency in the Provincial Capital and in the regency/city where the research will be conducted;
7. Foreign Researchers who will conduct research using Research Vessels or other floating devices and aerial survey aircraft including hot air balloons or unmanned aircraft, in addition to applying for a research permit from the TKPIPA Secretariat of Kemristekdikti, also apply for Security Clearance and Security Officer from the Directorate of Defence Areas, DG of Defence Strategy, Ministry of Defence;
8. Foreign Researchers using foreign Research Vessels may use a Waterways Limited Stay Permit (Izin Tinggal Terbatas/ "ITAS") whose application is submitted through the Director of Residence Permits and Immigration Status, DG of Immigration;
9. Foreign Researchers who will bring in or import research equipment may apply for a Research Equipment Import Duty Exemption to the DG of Customs and Excise, Ministry of Finance.

Foreign Researchers can start their research in Indonesia after fulfilling all the requirements and receiving documents from the above-mentioned agencies.

Also read: What is KITAS/KITAP and How to Apply for It

Are There Criminal Sanctions for Foreigners Who Do Not Own a Research Permit?

As far as we can see, Government Regulation 41/2006 does not regulate criminal sanctions for foreigners who do not have a research permit. However, there are administrative sanctions for foreign researchers if they violate some of the following provisions:

1. Must have a guarantor institution and working partners.[10]
2. After obtaining a research and development permit, report their arrival and intention to conduct research and development activities to the governor, mayor/regent, and local police.[11]
3. Must report the results of the implementation of the research and development activities carried out to the minister periodically.[12]
4. Can only conduct research and development activities in accordance with the permit granted and cannot bring samples and/or specimens of research and development materials outside the territory of Indonesia, unless otherwise stipulated by laws and regulations.[13]
5. Remain respectful of the customs and cultural norms prevailing in the place of research and development activities.[14]

Administrative sanctions may be in the form of:[15]

1. verbal reprimand;
2. written reprimand;
3. temporary suspension of activities; or
4. cancellation and/or revocation of the research and development permit.

Since Government Regulation 41/2006 does not provide for criminal sanctions, and given that you mentioned that research conducted by foreigners has disrupted the livelihoods of fishermen, we will refer to Law 31/2004 and its amendments. The provisions regarding fisheries research by foreigners can be found in Article 55 section (1) Law 31/2004 as follows.

Any foreigner who conducts fishery research in the fish management area of the Republic of Indonesia must obtain permit from the Government beforehand.

Not only that, research by foreigners and/or foreign legal entities must include Indonesian researchers and submit their research results to the government.[16]

If a foreigner conducting fisheries research does not have a permit from the government, he or she could potentially be sentenced to imprisonment for a maximum of 1 year and a maximum fine of Rp1 billion.[17] Therefore, you can report the criminal offense committed by a foreigner conducting fisheries research without a permit to the police.

Also read: Do You Want to Report a Crime to the Police? These are the Procedures

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Law Number 31 of 2004 on Fishery as amended by Law Number 45 of 2009 on the Amendment to Law Number 31 of 2004 on Fishery;
2. Law Number 11 of 2019 on National System of Science and Technology;
3. Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation which has been enacted into law under Law Number 6 of 2023;
4. Regulation of the Government Number 41 of 2006 on Licence to Conduct Research and Development Activities for Foreign Universities, Foreign Research and Development Institutions, Foreign Business Entities, and Foreigners.

Reference:

Prosedur Izin Penelitian (Research Permit Procedures), Minister of Foreign Affairs of the Republic of Indonesia, accessed on Wednesday, 2 August 2023, at 14.37 Western Indonesian Time (zone).

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[1] Article 2 section (1) Regulation of the Government Number 41 of 2006 on Licence to Conduct Research and Development Activities for Foreign Universities, Foreign Research and Development Institutions, Foreign Business Entities, and Foreigners (“Government Regulation 41/2006”).

[2] Article 2 section (2) Government Regulation 41/2006.

[3] Article 2 section (3) Government Regulation 41/2006.

[4] Article 11 jo. Article 12 section (1) Government Regulation 41/2006.

[5] Article 14 Government Regulation 41/2006.

[6] Article 20 section (1) Government Regulation 41/2006.

[7] Article 5 Government Regulation 41/2006.

[8] Article 6 Government Regulation 41/2006.

[9] Article 7 Government Regulation 41/2006.

[10] Article 14 section (1) Government Regulation 41/2006.

[11] Article 18 Government Regulation 41/2006.

[12] Article 19 section (1) Government Regulation 41/2006.

[13] Article 20 Government Regulation 41/2006.

[14] Article 21 Government Regulation 41/2006.

[15] Article 23 section (2) Government Regulation 41/2006.

[16] Article 55 section (2) and (3) Law Number 31 of 2004 on Fishery (“Law 31/2004”).

[17] Article 99 Law 31/2004.