Legal Concerns for Mixed Marriages: Indonesians and Expatriates

Immigration presentations

In November 2015 immigration officials came across with people in the mixed nationality partners community to present presentations on present regulations. Listed here are copies of the presentations:

Isu-Isu Aktual reputation Keimigrasian dan Kewarganegaraan (present issues Immigration that is regarding Status 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 utilizing the registration of kiddies of blended 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, if they desire to retain their Indonesian citizenship, and becoming an Indonesian citizen 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 people 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 how exactly to obtain Indonesian Citizenship and also the documents that are required.

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 information regarding papers such as for instance Kartu Keluarga (KK), KTP Orang Asing, Surat Keterangan Tempat Tinggal (SKTT) in addition to different certificates.

May 5, 2011 an immigration that is new arrived into force. The following is a content associated with brand new immigration law UU 6 – Tahun 2011. The regulations that are implementing this legislation were released on April 16, 2013 as Peraturan Pelaksanaan Nomor 31 Tahun 2013.

Information about immigration things is for sale in Indonesian during the Immigration workplace web site. Costs of most immigration papers are located 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 immigration that is new, international partners of Indonesians can apply for the ITAP (permanent residency license), after having been legitimately hitched for 2 years. Immigration officers should already be familiar with the brand new laws. Nevertheless, it is strongly recommended with you when you go to apply (especially Pasal 60 and Pasal 141) that you take a printed copy of the new immigration law.

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

  1. ITAS (original and 3 copies) – in the event that you had formerly been granted an ITAS.
  2. Passport (original and 3 copies) – don’t neglect to duplicate the passport pages using the visa stamps also.
  3. Formulir Perdim 24 Formulir ITAS dan ITAP written by the KanIm combined with map (red folder for ITAS, blue for ITAP). Kinds and folder ought to be free.
  4. Formulir Perdim 27 Perubahan information Orang Asing (though that one can be completed later on, following the issuance regarding the ITAP 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 request from your Indonesian partner, see test page.
  7. Surat Jaminan – Letter of Guarantee from your Indonesian spouse and signed together with a responsibility stamp (meterai) Rp 6000.
  8. Although the brand new immigration legislation claims that the sponsor page through the Indonesian partner is not needed, the immigration officials continue to be asking for this.
  9. KTP of Indonesian spouse (original and content)
  10. Indonesian partner’s Kartu Keluarga (original and content)
  11. Akta Perkawinan for non-Muslims or Buku Nikah for Muslims (original and content)
  12. Those hitched offshore is supposed to be required to create their wedding certification plus the Certificate of Marriage Report meant to Catatan Sipil to legalize it under Indonesian law (original and content). If the wedding certification is not legalized, anticipate to understand 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 provides permanent residence just to spouses and young ones of blended marriages which can be lawfully legitimate.

Additional documents that are requested

They are appropriate needs. Nevertheless, from a single Immigration Office towards the they that is next have additional demands. Papers you are imagined by us could possibly be asked for could incorporate a SKTT, STM, NPWP, etc. The Immigration workplace is definitively authorized to inquire about you for almost any document that you need to legitimately have. This new UU 6/2011 provides the immigration workplace complete capacity to make sure that you conform to all current rules.

A document that will be extremely definitely required of the hitched in Indonesia is an acknowledgement from your embassy they are conscious of your wedding in Indonesia.

You might like to be expected for financial papers such as for example bank declaration, proof retirement, etc. The immigration officials are definitively authorized to inquire about for just about any document appearing that you have adequate level of funds to remain, but that does not signify they will certainly always ask because of it.

You will be asked to signal a Declaration of Integration document “Pernyataan Integrasi kepada Pemerintah Republik Indonesia” according to Article 60 (2) regarding the law that is new. The following is a sample – Surat Pernyataan Integrasi.

There has been a rise in the price of some immigration papers predicated on PP No. 45/2014 which arrived into impact on 3 July 2014. They are the expenses for ITAP:

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

For NO explanation if you’re expected to cover significantly more than the above mentioned. The method should simply take about 3-4 days, presuming your documents is with in purchase. Nevertheless it may take around six months, so it is far better use with sufficient time to process before your ITAS expires.

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