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Print articleIndonesia: Immigration Bill Passes Parliament
May, 2011 -
The bill covers a range of basic matters relating to immigration, including entry to and exit from the Indonesian territory, travel documents, visas, stay permits, etc. Assuming the implementing regulations in the form of Government Regulations do not introduce onerous or conflicting requirements, the bill represents a material positive change in the treatment of foreigners married to Indonesians. These foreigners will be allowed to live in Indonesia without a work sponsor. They and the children of the marriage will be entitled to a form of permanent residence permit (KITAP) once the marriage has lasted for two years. Until the marriage has lasted for two years, a temporary stay permit will be available (KITAS).
Article 61 provides foreigners married to Indonesian citizens have a right to work and a right to conduct business but in practice it is unclear how or even whether the exercise of these rights might be separated from the existing requirements applicable to companies seeking to hire expatriates and the requirements of the capital investment laws and regulations. Foreigners seeking to access the benefits of these provisions will need to sign an “integration statement”, the contents of which are yet to be discussed.
Some of the other notable points relating to the bill include:
- Immigration officials may, in accordance with law, prevent foreigners to exit the Indonesian territory if they have unfulfilled obligations. The elucidation to the relevant article states this provision is intended to “protect the national interest or prevent public losses, for example the foreigner has not yet or will not fulfill his tax obligations”;
- The bill criminalizes people smuggling, which is now punishable by 5-15 years jail and a fine of between 500 million and 1,5 billion Rupiah.
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