Legal Concerns for Mixed Marriages: Indonesians and Expatriates

Immigration presentations

In November 2015 immigration officials came across with people in the nationality that is mixed community to present presentations on present legislation. Listed below are copies of these presentations:

Isu-Isu Aktual reputation Keimigrasian dan Kewarganegaraan (Current problems with respect to Immigration Status and Citizenship) presented by Friement F.S. Aruan, Direktur Izin Tinggal dan reputation Keimigrasian, Direktorat Jeneral Imigrasi (Director of Stay allows and Immigration reputation, Directorate General for Immigration). The presentation dealt because of the enrollment of kiddies of mixed marriages with twin citizenship and affidavits (enrollment is obligatory, affidavit is optional), the actual fact that they must claim Indonesian citizenship before their twenty-first birthday celebration, when they like to retain their Indonesian citizenship, and becoming an Indonesian resident through statement or naturalization.

Tata Cara Memperoleh, Kehilangan, Pembatalan dan Memperoleh Kembali Kewarganegaraan Republik Bagi Pelaku Perkawinan Campuran dan Anak Berkewarganegaraan Ganda (Obtaining, Losing, Revoking and Indonesian that is regaining Citizenship Persons in Mixed Marriages and kids with twin Citizenship) by Agus Rianto, Direktur Tata Negara, Direktorat Administrasi Hukum Umum (Director of State Institutions, Directorate of General Legal Administration). The presentation detailed just how to get Indonesian Citizenship additionally the needed documents.

Kebijakan Administrasi Kependudukan dan Pencatatan Sipil Bagi Perkawinan Campur dan Anak Berkewarganegaraan – Ganda Terbatas (management of Population and Civil Registration for people in Mixed Marriages and kids with double Citizenship) by Ibu Ati Kadarwati, Direktur Pencatatan Sipil, Direktorat Jenderal Kependudukan dan Pencatatan Sipil (Director of Civil Registration, Directorate General for Population and Civil enrollment). Ibu Ati’s presentation offered details about papers such as for instance Kartu Keluarga (KK), KTP Orang Asing, Surat Keterangan Tempat Tinggal (SKTT) in addition to different certificates.

May 5, 2011 a new immigration legislation arrived into force. Let me reveal a content associated with the immigration that is new UU 6 – Tahun 2011. The regulations that are implementing this legislation had been granted on April 16, 2013 as Peraturan Pelaksanaan Nomor 31 Tahun 2013.

Information about immigration issues is for sale in Indonesian at the Immigration Office internet site. Expenses of all of the immigration papers are available in PP No. 45/2014 – Jenis Dan Tarif Atas Jenis Penerimaan Negara Bukan Pajak Yang Berlaku Pada Kementerian Hukum Dan Hak Asasi Manusia

Trying to get ITAP

Underneath the brand new immigration legislation, foreign partners of Indonesians can put on for the ITAP (permanent residency license), after having been legitimately hitched for two years. Immigration officers should currently be familiar with the brand new regulations. Nonetheless, it is strongly suggested which you have a printed copy associated with the brand new immigration legislation with you whenever you go to apply (especially Pasal mail order wives 60 and Pasal 141).

The document demands for an ITAP application if you’re currently moving into Indonesia, and sponsored by the Indonesian partner, are:

  1. ITAS (original and 3 copies) – in the event that you had formerly been released an ITAS.
  2. Passport (original and 3 copies) – do not forget to duplicate the passport pages with all the visa stamps too.
  3. Formulir Perdim 24 Formulir ITAS dan ITAP written by the KanIm combined with the map (red folder for ITAS, blue for ITAP). Kinds and folder should really be free.
  4. Formulir Perdim 27 Perubahan information Orang Asing (though this 1 can be done later, following the issuance associated with ITAP and even though registering the alteration of immigration status to your part Inforsakim)
  5. Surat Keterangan Domisili – certification of Residence, acquired through the regional Kelurahan
  6. Surat Permohonan – page of demand from your Indonesian partner, see test page.
  7. Surat Jaminan – page of Guarantee from your Indonesian spouse and finalized together with a responsibility stamp (meterai) Rp 6000.
  8. Although the brand new immigration legislation claims that a sponsor page from the Indonesian spouse is not needed, the immigration officials continue to be asking for this.
  9. KTP of Indonesian spouse (original and content)
  10. Indonesian spouse’s Kartu Keluarga (original and content)
  11. Akta Perkawinan for non-Muslims or Buku Nikah for Muslims (original and content)
  12. Those hitched offshore should be expected to produce their wedding certification along with the certification of Marriage Report meant to Catatan Sipil to legalize it under Indonesian law (original and content). In the event the marriage certification is not legalized, anticipate to fully grasp this done before the process is started by you to speed things up.
  13. NOTE: All photocopies have to be on A4 size paper

This legislation offers permanent residence just to partners and kids of blended marriages which can be legitimately legitimate.

Additional documents that are requested

They are appropriate demands. But, from 1 Immigration Office towards the they that is next have extra requests. Papers we imagine you could possibly be asked for could include a SKTT, STM, NPWP, etc. The Immigration workplace is definitively authorized to inquire of you for just about any document that you need to legitimately have. The brand new UU 6/2011 provides the immigration workplace complete capacity to make sure that you adhere to all current legislation.

A document that may certainly be very required of these hitched in Indonesia is definitely an acknowledgement from your own embassy they are conscious of your wedding in Indonesia.

You might like to be expected for monetary papers such as for example bank declaration, proof retirement, etc. The immigration officials are definitively authorized to inquire of for almost any document appearing that you’ve got enough number of funds to remain, but it doesn’t imply that they will certainly fundamentally ask because of it.

You’ll also be expected to signal a Declaration of Integration document “Pernyataan Integrasi kepada Pemerintah Republik Indonesia” according to Article 60 (2) for the brand new legislation. Here’s a sample – Surat Pernyataan Integrasi.

There’s been an increase in the expense of some immigration papers centered on PP No. 45/2014 which arrived into impact on 3 July 2014. They are the expense for ITAP:

  • Non electronic ITAP legitimate for five years (ITAP non elektronik dengan masa berlaku 5 tahun): Rp 3,500,000
  • Electronic ITAP (E-ITAP) legitimate for five years (ITAP Elektronik (E-ITAP) dengan masa berlaku 5 tahun): Rp 3,700,000
  • Expansion of non ITAP that is electronic for duration (Perpanjangan ITAP non Elektronik untuk jangka waktu yang tidak terbatas): Rp 10,000,000
  • Expansion of electronic ITAP (E-ITAP) for limitless period (Perpanjangan ITAP Elektronik (E-ITAP) untuk jangka waktu yang tidak terbatas): Rp 10,200,000
  • Substitution of 5 12 months non-electronic ITAP this is certainly nevertheless legitimate as a result of damage/loss (Penggantian ITAP Non Elektronik masa berlaku 5 tahun karena rusak/ hilang dan berlaku that is masih: Rp 1,500,000
  • Substitution of 5 12 months electronic ITAP (E-ITAP) this is certainly nevertheless legitimate because of damage/loss (Penggantian ITAP Elektronik (E-ITAP) masa berlaku 5 tahun karena rusak/ hilang dan berlaku that is masih: Rp 1,700,000
  • Replacement of non-electronic ITAP with unlimited legitimacy as a result of damage/loss (Penggantian ITAP Non Elektronik untuk jangka waktu yang tidak terbatas karena rusak/ hilang): Rp 3,000,000
  • Replacement of electronic ITAP (E-ITAP) with limitless legitimacy because of damage/loss (Penggantian ITAP Elektronik (E-ITAP) untuk jangka waktu yang tidak terbatas karena rusak/ hilang): Rp 3,200,000

For NO good explanation if you are asked to cover significantly more than the above mentioned. The procedure should simply simply simply take about 3-4 days, presuming your entire documents is with in purchase. Nonetheless it may take as much as six months, so it is better to use with enough time to process before your ITAS expires.