By: Evoryo Carel Prabhata, S.H.
Hello Selaras Friends!
Do you plan to visit Indonesia? Maybe you plan to stay for a while? You have to know a few regulations you need to keep in mind before doing so. Indonesia strictly regulates that each foreigner must have a limited residence permit, which is proven by a limited residence card or as known as KITAS.
Limited Residence Permit Requirements
Basically the requirements and procedures for granting a Limited Residence Permit at all immigration offices are the same, this is because it is based on Technical Instruction of the Director General of Immigration Number: F-309.IZ.01.10 concerning Procedures Granting, Extension, Rejection and Withdrawal of Immigration Permits. To propose a limited residence permit, you need to know the general requirements and the special requirements, which are:
A. General Requirements
- Letter of request and guarantee as well as a statement of identity sponsors/guarantors
- Curriculum vitae, employment and education history or curriculum vitae the foreigner concerned
- Copy of nationality passport or foreigner’s travel document relevant and valid 2 (two)
- Two sheets of Recent photographs, in color, with a size of 2cm x 3cm
- Pay immigration fees in accordance with the provisions
B. Special Requirements
For those who work as foreign expert workers, attach a letter work permit recommendation from the competent authority as well as evidence regarding plans for the use of foreign workers, and recommendations from agencies related legal and valid technical matters
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The monitoring system for foreigners in Indonesia can be done in 2 methods, namely:
1. Closed Supervision, regulated in Article 68 paragraph (1) of Law Number 6 2011 concerning Immigration, which includes;
- Collection, processing, and presentation of immigration data and information
- Compilation of a list of names of foreigners who are subject to deterrence and prevention
- Supervision of the presence and activities of foreigners in the territory Indonesia administratively
- Taking photos and fingerprints, and
- Other activities that can be legally justified.
2. Open Supervision (Article 69), namely direct supervision carried out by forming a surveillance team of foreigners in coordination with other agencies or institutions. In the implementation in the field related to open supervision, coordination with other agencies or institutions is not mandatory because it will require a lot of time and resources
It is regulated in Article 1 paragraph (31) of Act 6/2011 concerning Immigration, Immigration Administrative Actions are administrative sanctions set by immigration officials against foreigners outside of court proceedings. Implementation of immigration administration actions must be based on definite reasons. The reasons are divided into 2, namely:
- The foreigner is carrying out dangerous or suspected activities that endanger security and public order, and
- The foreigner does not respect or obey the Indonesian Law
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Immigration Law Enforcement
As for the implementation of immigration control of foreigners in Indonesia went through several stages, namely:
A. Closed Surveillance
- Implementation of supervision can be based on data/information immigration, based on public information, as well as information from print or electronic media.
- Based on the data or sources above, then do the collection information material, which is then carried out case analysis.
B. Open Supervision
- After analyzing the cases, a monitoring team for foreigners are deployed.
- After the team is formed, an inspection warrant is issued to places where immigration violations are suspected.
- Conduct document inspection on the spot.
- Make an incident report in the form of an inspection report.
- Making minutes of opinions regarding the alleged incident immigration violations or crimes.
- After going through the opinion event, a head decision is issued to immigration office whether there has been an act of violating the law immigration or not.
- If the decision determines that a violation has occurred immigration or Immigration crime, then proceed to the Immigration Action stage.
The Indonesian Immigration is authorized to do administration actions as regulated in Article 75 paragraph (2) of the Immigration Law which are in the form of:
- Inclusion in the list of Prevention or Deterrence;
- Restriction, change, or cancellation of residence permit;
- Prohibition to be in one or several certain places in the region Indonesia;
- The obligation to reside in a certain place in the region Indonesia;
- Imposition of expenses; and/or
For more details on limited residence permit or KITAS you can consult with us on our website, we can make it simple for you!
Act No.6/2011 on Immigration
Technical Instruction of the Director General of Immigration Number: F-309.IZ.01.10 concerning Procedures Granting, Extension, Rejection and Withdrawal of Immigration Permits
Pattun Nababan, I Gusti Ngurah Wairocana, Edward Thomas Lamury Hadjon, “Pemberian dan Pengawasan Izin Tinggal Terbatas Kantor Imigrasi Kelas I Denpasar Terhadap Tenaga Kerja Asing di Denpasar”, Kertha Semaya: Jurnal Ilmu Hukum, Vol. 1 No. 1 Januari 2013.
Editor: Bambang Sukoco, S.H.