Legal Concerns for Mixed Marriages: Indonesians and Expatriates

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Legal Concerns for Mixed Marriages: Indonesians and Expatriates

Immigration presentations

In November 2015 immigration officials met with people of the blended nationality partners community to give presentations on current laws and regulations. Listed below 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 aided by the registration of kids of blended marriages with twin citizenship and affidavits (enrollment 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 double 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 and also the necessary documents.

Kebijakan Administrasi Kependudukan dan Pencatatan Sipil Bagi Perkawinan Campur dan Anak Berkewarganegaraan – Ganda Terbatas (management of Population and Civil Registration for Persons 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 documents such as for example Kartu Keluarga (KK), KTP Orang Asing, Surat Keterangan Tempat Tinggal (SKTT) also different certificates.

May 5, 2011 an immigration that is new arrived into force. The following is a content regarding the 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.

Details about immigration things is for sale in Indonesian during the Immigration workplace 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

Beneath the immigration that is new, foreign partners of Indonesians can use for the ITAP (permanent residency license), after having been legally hitched for just two years. Immigration officers should currently know about the brand new regulations. But, it is strongly suggested that 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 demands for an ITAP application if you should be 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) – don’t neglect to duplicate the passport pages aided by the visa stamps as well.
  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 later be filled out, following the issuance associated with the ITAP even though registering the alteration of immigration status towards the area Inforsakim)
  5. Surat Keterangan Domisili – certification of Residence, acquired through the neighborhood Kelurahan
  6. Surat Permohonan – letter of demand from your Indonesian partner, see sample page.
  7. Surat Jaminan – page of Guarantee from your Indonesian spouse and finalized together with a responsibility stamp (meterai) Rp 6000.
  8. Although the immigration that is new claims that a sponsor page through the Indonesian partner is not needed, the immigration officials will always 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 overseas will undoubtedly be expected to produce their wedding certification along with the certification of Marriage Report built to Catatan Sipil to legalize it under Indonesian law (original and content). If the wedding certificate is not legalized, anticipate to fully grasp this done before you begin the procedure to speed things up.
  13. NOTE: All photocopies must be on A4 size paper

This law provides permanent residence just to partners and young ones of blended marriages which can be legitimately legitimate.

Additional documents that are requested

They are appropriate demands. Nonetheless, from a single Immigration Office to the next they could have additional needs. Papers you are imagined by us could possibly be asked for could come with a SKTT, STM, NPWP, etc. The Immigration workplace is definitively authorized to inquire about you for just about any document that you need to lawfully have. The latest UU 6/2011 provides the immigration workplace full capacity to check that you adhere to all current rules.

A document that will be extremely undoubtedly requested of these hitched in Indonesia is 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 instance bank statement, evidence of retirement, etc. The immigration officials are definitively authorized to inquire about for just about any document showing that you have asian dating got enough number of funds to keep, but that does not imply that they will certainly fundamentally 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. Listed here is a sample – Surat Pernyataan Integrasi.

There is a rise in the expense of some immigration documents predicated on PP No. 45/2014 which arrived into influence on 3 July 2014. They are the expense for ITAP:

  • Non ITAP that is electronic valid five years (ITAP non elektronik dengan masa berlaku 5 tahun): Rp 3,500,000
  • Electronic ITAP (E-ITAP) valid for 5 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 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 as a result 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 credibility as a result 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 tidak that is yang karena rusak/ hilang): Rp 3,200,000

For NO explanation if you are asked to pay for a lot more than the aforementioned. The method should simply take about 3-4 days, presuming all your valuable documents is with in purchase. Nonetheless it may take as much as six days, so it is better to use with sufficient time to process before your ITAS expires.