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 members of the nationality that is mixed community to supply presentations on current rules. Listed below are copies of the presentations:

Isu-Isu Aktual reputation Keimigrasian dan Kewarganegaraan (present 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 utilizing the enrollment of kids of blended marriages with twin citizenship and affidavits (registration is obligatory, affidavit is optional), the actual fact that they need to 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 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 simple tips to get Indonesian Citizenship in addition to 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 Registration). Ibu Ati’s presentation provided 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 came into force. Let me reveal a content of this immigration that is new UU 6 – Tahun 2011. The implementing laws for this legislation had been granted on April 16, 2013 as Peraturan Pelaksanaan Nomor 31 Tahun 2013.

Information regarding immigration issues is for sale in Indonesian during the Immigration workplace site. Expenses of all of the immigration documents 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 the ITAP (permanent residency license), after having been lawfully hitched for 2 years. Immigration officers should currently know about the brand new laws. Nonetheless, it is strongly recommended which you have a printed copy of this brand new immigration legislation with you whenever you go to apply (especially Pasal 60 and Pasal 141).

The document needs for an ITAP application if you should be 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 released an ITAS.
  2. Passport (original and 3 copies) – don’t neglect to copy the passport pages using the visa stamps also.
  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 always be free.
  4. Formulir Perdim 27 Perubahan information Orang Asing (though that one can later be filled out, following the issuance associated with the ITAP even though registering the alteration of mail order bride immigration status towards the part Inforsakim)
  5. Surat Keterangan Domisili – certification of Residence, acquired through the local 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 along with a responsibility stamp (meterai) Rp 6000.
  8. Although the immigration that is new claims that the sponsor page through the Indonesian spouse is not needed, the immigration officials are nevertheless asking because of it.
  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 will soon be necessary to create their wedding certificate along with the certification of Marriage Report designed to Catatan Sipil to legalize it under Indonesian law (original and content). If for example the wedding certification is not legalized, expect you’ll fully grasp this done before you begin the method to speed things up.
  13. NOTE: All photocopies should be on A4 size paper

This legislation gives permanent residence only to partners and kiddies of blended marriages which are legitimately legitimate.

Additional Requested Documents

They are appropriate demands. Nevertheless, from a single Immigration Office into the next they might have extra needs. 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 almost any document that you ought to legitimately have. This new UU 6/2011 provides the immigration workplace complete capacity to make sure that you conform to all existing rules.

A document that will be really definitely required of the married in Indonesia is definitely an acknowledgement from your own embassy that they’re alert to your wedding in Indonesia.

You might like to be expected for monetary papers such as for example bank declaration, evidence of retirement, etc. The immigration officials are definitively authorized to inquire of for almost any document showing that you have got enough level of funds to keep, but that does not signify they are going to always ask for this.

Additionally, you will be expected to signal a Declaration of Integration document „Pernyataan Integrasi kepada Pemerintah Republik Indonesia“ according to Article 60 (2) associated with the law that is new. Let me reveal a sample – Surat Pernyataan Integrasi.

There’s been a rise in the cost of some immigration papers according to PP No. 45/2014 which arrived into impact on 3 2014 july. They are the expense for ITAP:

  • Non ITAP that is electronic valid 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
  • Extension 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 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 year electronic ITAP (E-ITAP) that is still 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 tidak that is yang 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 yang tidak terbatas karena rusak/ hilang): Rp 3,200,000

For NO good explanation if you’re expected to cover significantly more than the aforementioned. The procedure should simply simply take about 3-4 months, presuming all of your documents is in purchase. Nonetheless it may take as much as six days, therefore it is far better use with sufficient time to process before your ITAS expires.