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Possible jail time for fixing projector

Discussion in 'Bali News - Indonesia News' started by balinews, Aug 9, 2016.

  1. balinews

    balinews Member

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    As reported by Balidiscovery.com, The Italian Job? , an Italian man filed suit against the Denpasar, Bali Immigration office claiming he was illegally detained and charged by officials on May 22, 2016 during an evening cruise in the Port of Benoa.

    During that cruise, 36-year-old Carmine Sciaudone was apprehended by immigration officers while trying to repair a projector during a cruise party and charged with working illegally without the required visa and work permit.

    The Italian insisted he was not working and only offered to help repair the equipment due to his background in electronic repairs. Moreover, the Italian claimed he was only a guest on the cruise.

    The Italian filed for injunctive relief with the administrative court seeking to have his arrest and incarceration declared illegal. On Monday, August 1, 2016, the Courts rejected the petition filed on Sciaudone’s behalf by his lawyers, declaring his original arrest and detention were legally correct.

    As reported by Balipost.com, the administrative judge rules that Carmine Sciaudone’s arrest was in accordance with Law No. 6 of 2011 of the Immigration Rules and Regulations.

    Carmine will now proceed to trial for immigration violations where he faces a possible prison term of five years, if found guilty.

    Bali News: Capisce?
     
  2. Markit

    Markit Active Member

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    Did Jokowi say "Come on guys, lets kill tourism while nobody's looking"?

    On the face of it it seems totally stupid but I wonder if there isn't more to this that anyone is saying?
     
  3. spicyayam

    spicyayam Active Member

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    If there is more to the story, I would love to know what it was all about.
     
  4. DenpasarHouse

    DenpasarHouse Member

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    Yeah. It's a bit strange he was caught red-handed in the middle of a cruise. Does immigration send their officers undercover on all tourist activities?
     
  5. Markit

    Markit Active Member

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    And if there is no money changing hands how can it be a business or job?
     
  6. SamD

    SamD Member

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    I think the (Indonesian) logic is, by fixing the projector he took away the opportunity for an Indonesian to fix it, thus depriving the local worker of employment. The fact that no money changed hands is immaterial. If I fix a puncture on my bike myself and somebody dobbed me in, I would probably face the same penalty. No Sir, I have never ever done such a thing, it's all lies I tell you.
     
  7. Markit

    Markit Active Member

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    SamD by the same logic nobody could comb their own hair wash their cloths or have a wank...
     
  8. balibule

    balibule Active Member

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    He was fixing someone else's projector, not his own. Still very silly though.
     
  9. Mark

    Mark Member

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    Agree with the silliness, and to take it to it's next logical level, anyone on holiday in Bali who takes a business phone call or sends a work-related email is technically 'working in Indonesia'. Somehow though I doubt that immo is going to start hanging around the five star hotels trying to catch out these scofflaws...
     
  10. matsaleh

    matsaleh Super Moderator

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    The boat is owned by a group of Italians and immigration officers just happened to be on board. Were they tipped off?
     
  11. klaatu

    klaatu Member

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    And why does a bunch of foreigners own a boat and probably charge "locals" to go on cruises? I think this is the crux.of the problem
     
  12. balibule

    balibule Active Member

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    Why is that a problem?
     
  13. klaatu

    klaatu Member

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    Not for me,but jealousy is rife here
     
  14. balibule

    balibule Active Member

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    ok. So maybe a jealous competitor snitch.
     
  15. Nydave

    Nydave Member

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    Not nit picking the posts,just trying to get an idea of what is considered working or not working,and hopefully have a better understanding of what we as foreigners are allowed or not allowed to do,

    Sam says if he himself was caught fixing a puncture on HIS bike he could find himself in a similar situation,

    Markits points are also relevant,

    However Sam then said that the guy was fixing a projector that belonged to someone else,

    My question is,if say you do get caught fixing a puncture on your OWN bike is that considered (working) or taking work away from a local,

    In reality carrying the groceries out of the super market to your car is also an iffy situation,( working or not working ? )

    If it`s ok to fix your OWN punctures then why doesn`t the guy say he owned the projector and had loaned it to the guys on the boat,

    All in all its a stupid charge,,a real good way of increasing the number of tourists to Indonesia which is one of the Presidents goals,

    Going back to when the bombings happened I didn`t see them accusing any of the many foreigners of working or taking work away from locals while they dug with their bare hands thru the rubble looking for survivors ,
     
  16. klaatu

    klaatu Member

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    If you are on a spouse sponsored KITAS you are allowed to work to provide for your family,retirement kitas,i doubt it. Tourist visa forget it...Our use of logic is not mandatory or even condoned
     
  17. Atlantis

    Atlantis kawanua

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    A quick update about this case; In November 2016, Pengadilan Negeri Denpasar judges have acquitted the Italian guy of any wrongdoing, ridiculing prosecutors and the immigration officer who performed the arrest. If Imigrasi lacked of brain on this one at least judges interpreted correctly the Immigration Act. Prosecutors were asking for a ridiculous jail sentence of 30 months and a fine of Rp 200.000.000

    He was charged with Pasal 112 huruf a Undang-Undang No 6 tahun 2011 tentang keimigrasian which stipulates that anyone who is deliberately engaged in an activity not compatible with the intent and purpose of issuance of his/her visa should be punished by a sentence of up to 5 years in jail and a fine of up to Rp 500.000.000

    I hope that this decision of justice help to chill a bit some immigration officers who have troubles understanding the law they are supposed to enforce and help to kill a few urban legends.

    Just a correction; The accused was NOT a tourist per se, despite being here on a VoA at the time of arrest. More like a long term resident, someone like probably many of the readers here. Nuff said.
     
    spicyayam likes this.
  18. davita

    davita Active Member

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    Thanks for the update Atlantis. This info will get to those in authority and some sanity will prevail...or maybe not. At least it sets a precedence...unfortunately Indonesian justice doesn't use precedence in its court system.
     
  19. Markit

    Markit Active Member

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    Common sense does occasionally triumph here too! Wonder if his costs will be re-reimbursed? Prob not.

    Does this sort of thing have any wider implications within the agencies mentioned? Prob not.

    Love to hear the sound of rolling heads.
     
  20. Atlantis

    Atlantis kawanua

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    Indonesian justice doesn't use precedence in its court system as much as it is used in some other western justice system but they still use it. It isn't rare that pleas and decisions include or refer to decision taken in similar cases.
     
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