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 partners community to produce presentations on current legislation. 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 twin citizenship and affidavits (enrollment 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 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 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 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 twin 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) also various certificates.

May 5, 2011 a brand new immigration law arrived into force. Listed here is a content associated with the brand new immigration law 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 regarding immigration issues is obtainable in Indonesian during the Immigration workplace site. Expenses of all of the 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

Obtaining ITAP

Underneath the brand new immigration law, international partners of Indonesians can use for the ITAP (permanent residency license), after having been legitimately hitched for 2 years. Immigration officers should currently know about the regulations that are new. Nonetheless, it is suggested 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 moving into Indonesia, and sponsored by the Indonesian spouse, are:

  1. ITAS (original and 3 copies) – in the event that you had formerly been given an ITAS.
  2. Passport (original and 3 copies) – do not forget to duplicate the passport pages utilizing the visa stamps too.
  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 must certanly 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 to your part Inforsakim)
  5. Surat Keterangan Domisili – certification of Residence, acquired through the regional Kelurahan
  6. Surat Permohonan – letter of demand from your Indonesian spouse, 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 new immigration legislation states that the sponsor page through the Indonesian partner is not needed, the immigration officials are nevertheless asking because of it.
  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 likely to be expected to produce 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, anticipate to understand this done before you begin the method to speed things up.
  13. NOTE: All photocopies have to be on A4 size paper

This legislation offers permanent residence only to partners and kiddies of blended marriages which can be legitimately legitimate.

Additional documents that are requested

They are appropriate demands. However, from a Immigration Office to your they that is next have extra needs. Papers we imagine you might 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 need to legitimately have. This new UU 6/2011 provides the immigration workplace power that is full make sure that you adhere to all current laws and regulations.

A document that will certainly be very required of these hitched in Indonesia is an acknowledgement from your own embassy they are alert to your wedding in Indonesia.

You might like to be expected for economic papers such as for example bank declaration, evidence of retirement, etc. The immigration officials are definitively authorized to ask for just about any document appearing that you’ve got adequate level of funds to remain, but it doesn’t imply that they will certainly always ask for this.

Additionally, you will be expected to sign a Declaration of Integration document „Pernyataan Integrasi kepada Pemerintah Republik Indonesia” according to Article 60 (2) of this brand new legislation. Let me reveal a sample – Surat Pernyataan Integrasi.

There’s been a rise in the price of some immigration papers centered on PP No. 45/2014 which arrived into influence on 3 2014 july. They are the expenses for ITAP:

  • Non electronic ITAP legitimate for 5 years (ITAP non elektronik dengan masa berlaku 5 tahun): Rp 3,500,000
  • Electronic ITAP (E-ITAP) legitimate for 5 years (ITAP Elektronik (E-ITAP) dengan masa berlaku 5 tahun): Rp 3,700,000
  • Expansion of non electronic ITAP for unlimited 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 terbatas that are tidak: Rp 10,200,000
  • Substitution of 5 12 months non-electronic ITAP that is nevertheless 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
  • Replacement of 5 12 months electronic ITAP (E-ITAP) this is certainly nevertheless legitimate because of damage/loss asian brides (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 yang tidak terbatas karena rusak/ hilang): Rp 3,000,000
  • Replacement of electronic ITAP (E-ITAP) with limitless credibility because of damage/loss (Penggantian ITAP Elektronik (E-ITAP) untuk jangka waktu yang tidak terbatas karena rusak/ hilang): Rp 3,200,000

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

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