Legal Concerns for Mixed Marriages: Indonesians and Expatriates

Legal Concerns for Mixed Marriages: Indonesians and Expatriates

Immigration presentations

In November 2015 immigration officials came across with people in the mixed nationality couples community to deliver presentations on current guidelines. Listed below are copies of these 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 aided by the enrollment of young ones of blended marriages with double citizenship and affidavits (registration is obligatory, affidavit is optional), the very fact if they want to retain their Indonesian citizenship, and becoming an Indonesian citizen through declaration or naturalization that they have to claim Indonesian citizenship before their twenty-first birthday.

Tata Cara Memperoleh, Kehilangan, Pembatalan dan Memperoleh Kembali Kewarganegaraan Republik Bagi Pelaku Perkawinan Campuran dan Anak Berkewarganegaraan Ganda (Obtaining, Losing, Revoking and Regaining Indonesian Citizenship for people in Mixed Marriages and kids with Dual 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 get Indonesian Citizenship therefore 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 provided details about papers such as for example 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. Let me reveal a duplicate associated with immigration that is new UU 6 – Tahun 2011. The regulations that are implementing this legislation had been released on April 16, 2013 as Peraturan Pelaksanaan Nomor 31 Tahun 2013.

Information about immigration issues is for sale in Indonesian during the Immigration workplace web site. Costs of most 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

Beneath the immigration that is new, international partners of Indonesians can use for an ITAP (permanent residency license), after having been legally hitched for just two years. Immigration officers should already know about the brand new laws. Nevertheless, it is strongly recommended which you have a printed copy regarding the brand new immigration legislation to you whenever you go to apply (especially Pasal 60 and Pasal 141).

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

  1. ITAS (original and 3 copies) – in the event that you had previously been given 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 together with the map (red folder for ITAS, blue for ITAP). Kinds and folder should always be free.
  4. Formulir Perdim 27 Perubahan Data Orang Asing (though this 1 can later be filled out, following the issuance of this ITAP and even though registering the alteration of immigration status to your area Inforsakim)
  5. Surat Keterangan Domisili – Certificate of Residence, acquired through the neighborhood Kelurahan
  6. Surat Permohonan – page of demand from your Indonesian spouse, see test page.
  7. Surat Jaminan – page of Guarantee from your Indonesian spouse and finalized together with a responsibility stamp (meterai) Rp 6000.
  8. Even though the immigration that is new 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 spouse’s Kartu Keluarga (original and content)
  11. Akta Perkawinan for non-Muslims or Buku Nikah for Muslims (original and copy)
  12. Those hitched offshore should be necessary to create their wedding certification along with the certification of Marriage Report designed to Catatan Sipil to legalize it under Indonesian law (original and content). In the event the wedding certification is not legalized, be ready to understand this done before the process is started by you to speed things up.
  13. NOTE: All photocopies should be on A4 size paper

This legislation offers permanent residence just to partners and kids of blended marriages which are legitimately valid.

Additional documents that are requested

They are appropriate needs. Nonetheless, from a single Immigration Office to your they that is next have extra demands. Papers we imagine you might be asked for could include a SKTT, STM, NPWP, etc. The Immigration workplace is definitively authorized to ask you for almost any document that you ought to lawfully have. The latest UU 6/2011 provides immigration workplace power that is full make sure that you adhere to all current rules.

A document that will certainly be very required of the hitched in Indonesia is an acknowledgement from your own embassy that they’re conscious of your marriage in Indonesia.

You might be expected for economic 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’ve got enough quantity of funds to remain, but that does not imply that they’ll always ask for this.

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

There is a rise in the expense of some immigration papers centered on PP No. 45/2014 which arrived into influence on 3 2014 july. These 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 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 duration (Perpanjangan ITAP Elektronik (E-ITAP) untuk jangka waktu yang tidak terbatas): Rp 10,200,000
  • Substitution of 5 year non-electronic ITAP this is certainly nevertheless legitimate because of damage/loss (Penggantian ITAP Non Elektronik masa berlaku 5 tahun karena rusak/ hilang dan masih berlaku): Rp 1,500,000
  • Substitution of 5 year electronic ITAP (E-ITAP) this is certainly nevertheless valid 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 legitimacy as a result of damage/loss (Penggantian ITAP Elektronik (E-ITAP) untuk jangka waktu tidak that is yang karena rusak/ hilang): Rp 3,200,000

For NO explanation for anyone who is expected to cover a lot more than the aforementioned. The procedure should take about 3-4 days, presuming your entire documents is in purchase. Nonetheless it takes as much as six months, so it is better to use with enough time to process before your ITAS expires.