Hi Okta,
Pursuant to your post, I'd like to make a few comments.
The law that has voted by the DPR on April 7th is definitevely progressive and audacious by Indonesia standard. It comes in replacement of the outdated 1992 Immigration Act (UU 9/1992) who will be abrogated and replaced by the new law as soon as it is legalized. It will modify the vision of Immigration in Indonesia. In many ways it is influenced by the US and European immigration laws. It definitively emphasis family reunification and employment related immigration as the main criteria for immigration.
VISA TINGGAL TERBATAS UNTUK PERKAWINAN CAMPURAN DIKATAGORIKAN SBG VISA TIDAK UNTUK BEKERJA.
It is correct. Though the VITAS which will be delivered by embassies abroad to married applicants, is not categorized as a visa allowing to work, the article 61 of the law clearly states that both KITAS and KITAP holder married to a WNI
may be authorised to work. The phrasing, though very general, leaves no doubt:
Pemegang Izin Tinggal terbatas sebagaimana dimaksud dalam Pasal 52 huruf e dan huruf f dan pemegang Izin Tinggal Tetap sebagaimana dimaksud dalam Pasal 54 ayat (1) huruf b dan huruf d dapat melakukan pekerjaan dan/atau usaha untuk memenuhi kebutuhan hidup dan/atau keluarganya
For reference, article 52 e and f are foreigners legally married to an indonesian national (letter e) and kids of foreigners legally married with an Indonesian. Article 54 ayat (1) refers to foreign kids, husband and wife of WNI (letter b) and former indonesian and former bi-nationals (letter d).
I have read here and there that "foreigners married to an Indonesian will be authorised to work wherever they want in the archipelago". Nothing is more inexact in my opinion. The law states only that these foreigners married with an indonesian, former WNI, and kids having chosen a foreign citizenship and relase their WNI status can be authorized to work. That's pretty much the terms of the article 61. It implies that further procedures, rules and limitations may (and will) occure. It is obviously not to an Immigration Act to clarify working issues. The immigration act can only categorize those eligible to work. That is a subsequent difference.
IZIN TINGGAL TERBATAS. BERLAKU: 2 THN USIA PERKAWINAN DAN DIALIH STATUSKAN MENJADI IZIN TINGGAL TETAP (PR) + PERNYATAAN INTEGRASI.
IZIN TINGGAL TETAP (PR) BERLAKU : TIDAK TERBATAS SEPANJANG IZINNYA TIDAK DIBATALKAN. DIPERPANJANG SETIAP 5 THN TANPA DIKENAKAN BIAYA.
Your source could have explained it better, especially in bahasa Indonesia. The computer generated translation makes it even worst. No offense intended.
There are two different categories of foreigners married to Indonesians.
1.Less than two years of marriage: they will be issued a KITAS. After 2 years of marriage, they will be welcomed in the second category.
2. More than two years of marriage: they will be issued with a KITAP which will have an unlimited validity (as long as they respect a few rules). Only a report to the Imigrasi will be necessary every 5 years with no fees charged for the report. It implies that the initial fee is the only one which will occure.
The
pernyataan integrasi, as defined by the law, should be just a statement made to the goverment of Indonesia in order to get the KITAP issued. It's exact content is not yet defined by the Law itself, but will be define by further regulations (Peraturan Pemerintah).
The KITAP will be cancelled if the holder divorce from his/her Indonesian spouse or become widow before ten years of marriage. Past ten years of marriage, any of the two situations would trigger no consequences to the KITAP. Other reasons to have a KITAP revoked would be by, for example, if not report is made every 5 years or for leaving Indonesia for a period lasting more than 1 full year.
EX DK & EX WNI & ANAK DEWASA PERKAWINAN CAMPURAN TIDAK PERLU IZIN TINGGAL TERBATAS
This is a fundamental point. Pursuant to the 2006 Citizenship Act, kids born from a mixed marriage are allowed to have dual citizenship untill they reach the age of 18 y.o or untill they get married, whichever come first. Past it, they have to make a choice and keep only one citizenship. Should they choose their foreign citizenship, they are left with no other choice than leaving Indonesia (or finding a company to sponsor them for a work permit). Untill now, a mother/father can NOT sponsor a foreign kid who has reached his 18th birthday. It means that in fact the choice of our kids was almost void. If they were choosing their fireign citizenship, they had pretty much no other choice than leaving to make their life abroad. The new law changes drastically this situation. As soon as President SBY will legalize the new Law, this kids will be eligible to remain with a KITAP and a right of work (conditions will apply). That is a huge step forward for our kids.
The "Ex WNI" is not well explained in Okta's post. Again, no offense intended. The law stipulates that former Indonesian having lost their indonesian citizenship, by choice or obligations, are entitled to a KITAP and a right of work (conditions apply). This is a fantastic opportunity for Indonesia. Many of them have accumulated expertise and capital abroad are a given a chance to return and participate to the development of the country.
PEMEGANG IZIN TINGGAL TETAP (PR) KARENA PERKAWINAN CAMPURAN TIDAK MEMERLUKAN PENJAMIN.
That is also a very important stipulation.The law introduce a new legal notion. Sponsors are legally (financially and penally) responsable for their sponsoree. If a foreigner mess, the sponsor will be asked accountability. This will be true for any category of foreigners excluding those who are married with a local. At least, indonesian spouse of a foreigner won't be taken hostage of a situation. If one think about it, it has some importance.
Whatever type of immigration status we have (KITAS or KITAP) we will still be bounded by the the obligation to request an Izin Masuk Kembali (MERP) for our trip overseas.
All the existing Immigration fees will remain unchanged after the legalization of this law, untill further notice. Such fees are to be found in the
Peraturan Pemerintah RI nomor 38 tahun 2009 tentag tarif dan jenis tarif penerimaan negara bukan pajak yang berlaku pada departemen hukum dan hak asasi manusia. (google the reference of the law and it will lead you to the material you need in order not to be ripped off by Imigrasi)
Definitively, getting married to an Indonesian becomes clearly advantageous. However, don't rush. Pick the right bride :icon_wink:
The stipulation of the article 135 should chill a few:
"
Setiap orang yang melakukan perkawinan semu dengan tujuan untuk memperoleh Dokumen Keimigrasian dan/atau untuk memperoleh status kewarganegaraan Republik Indonesia dipidana dengan pidana penjara paling lama 5 (lima) tahun dan denda paling banyak Rp500.000.000,00 (lima ratus juta rupiah)."
I leave you guys the pleasure to translate it yourself. :icon_lol:
The law will be legalized in the 30 days of it's enactment by the DPR (ie before May 7th). It should not even last untill then. In a week or so, it should be publicized. Some of the stipulations will take force immediately. Ex: those who have more than two years of marriage and being KITAS holder can convert their ITAS in an ITAP in accordance with the existing regulations. It ain't that big of a deal. It requires a circuit involving Kantor Imigrasi, Kantor Wilayah, Direktorat Jenderal Imigrasi then back to Kantor Wilayah and Kantor Imigrasi. It costs IDR 3.000.000 for the KITAP fee, which is the legal fee and what I've paid for mine. Other stipulations of the law will require further Peraturan Pemerintah to be enacted in order to elaborate the procedures to be followed. The law gives a maximum of 12 months to the government to enact ALL the necessary regulation for this law to be fully implemented.
The law is not
officially available yet, at least until its legalization by SBY and its registering and numbering to the Sekretariat Nasional. However, as soon as it happens, it should be available online (at least on the website of the Direktorat Jenderal perundang Undangan which are usually the first on the ball) with the reference Undang-Undang RI nomor X tahun 2011 tentang Keimigrasian. "X" will very certainly "4" or "5" being the next numbers available (The DPR have voted only three laws prior to this one since the beginning of the year).
If anyone is interested, I have written a bunch of other posts in another forum and will comment and translate all articles of the law little by little, when time allows. Not difficult to find.
Wish you all a lot of fun in Indonesia, at least as much as I have myself. :icon_biggrin:
Sorry for the length of the post. :icon_rolleyes:
