The new Immigration Act regulations
About the new Immigration Law
The new Immigration Act provide facilities for the ITAS & ITAP karena kawin campuran
Alhamdulillah, Praise the Draft Law on Immigration, which was approved by Parliament in a plenary session today, 7 April 2011 was passed into law in lieu of Law No. 9 Year 1992 on Immigration is intended to change various Indonesian immigration policy that is not in accordance with the changing times.
As for the substance of Article 2 of the Law is indeed a very helpful community of family intermarriage is as follows:
Apabila WNA menikahi WNI di Indonesia, WNA then they will be entitled to a Limited Stay Permit. After two years of marriage, WNA they will be able to transfer the status of a Limited Stay Permit into a Permanent Residence Permit (ITAP).
When foreigners minimum legally married 2 tahun Labor WNI, TSB foreigners can directly apply for ITAP. Example: If foreigners from the Netherlands has been married to a citizen and lived in the Netherlands before coming to live in Indonesia, for WNA tsb berhak mendapatkan ITAP.
ITAP holder due to valid marriage with the citizen, WNA then they will be able to work without the need for a Work Permit (a work permit).
When the children of a mixed marriage families choose foreign citizenship when they have reached the age 18 year, then they are entitled to immediately get ITAP and can work in Indonesia.
When our children are older than 18 and is not the subject of legal child DK / no (Dual Citizenship) tidak pernah menjadi WNI, then by law they are entitled to get ITAP and can work·
Foreigners who have been legally married to the citizen, no longer need a guarantor or sponsor.
ITAP diberikan untuk jangka waktu 5 (lime) years and may be extended for an indefinite period of time along its license was not canceled and is obliged to report to the immigration office every 5 (lime) year and not charged.
ITAP dapat berakhir karena pemegang ITAP:
Leave the territory of Indonesia over 1 (one) or do not intend to go into the territory of Indonesia.
Do not do the extension ITAP after 5 (lime) year.
Obtaining citizenship RI
License revoked by the Minister or a designated immigration office
Subject to deportation
dibatalkan karena pemegang ITAP:
Convicted of a crime against the state as stipulated in per-undang2a
Engage in activities that jeopardize state security
The statement violates Integration
Hiring foreign workers without work permits
Provide false information in the application for ITAP.
Strangers concerned subject to administrative action on immigration
Marital breakup Foreigners who are legally married to the citizen because of divorce and / or the court's decision unless the marriage has aged 10 (ten) year or more.
Things that need to be considered:
Still need a re-entry permit. With this bill given the ITAP Holder Re-entry Permit which is valid for 2 (two) year does not exceed the period of validity of ITAP and Re-entry Permit is valid for several trips.
The need for the law's implementing regulation which set the slowest 1 (one) years since the promulgation of this Law. For that still need the participation and support all mothers and the need for supervision and monitoring of implementation and their technical instructions so that the Act can be effective and appropriate philosophical and sociological basis for preventing misuse of authority, bureaucratic reform and effective public services, efficient and have legal certainty.
The draft immigration law that has been prepared since 2002 finally approved date 7 April 2011 yesterday.
The new law replaces the Immigration Act 9 years 1992, in detail the new formulation is as follows :
Leading Sector immigration functions that have been placed on the Ministry of Justice and Human Rights;
A Directorate General of Immigration autonomous;
Application of Management Information System of Immigration as supporting the implementation of the Immigration function with the devices and applications of information and communication technology;
The assertion that every Indonesian citizen can not be refused entry of Indonesia;
Setting sterilization Immigration area at any Immigration Check in airports, seaports,and border crossings;
Foreign Minister delegated to regulate matters relating to passports, visas and residence permits for diplomatic and official duty;
Setting clearer objectives visa administration and the subject;
Setting permanent residence permit granted for an indefinite period with still have an obligation to report to the Immigration Office every 5 (lime) year with no charge;
Ease for the former Indonesian citizen and former child the subject of dual nationality of the Republic of Indonesia to have a fixed residence permits;
Convenience for holders of Limited Stay Permit and Permanent Stay Permit because of intermarriage to do the work and / or effort to make ends meet and / or his family;
Guarantor arrangement as the party responsible for the existence and activities of foreigners while in Indonesia;
Expansion perspective immigration control based on monitoring data and information, field includes monitoring team Abdan or supervision of relevant government agencies, and strengthening the intelligence function Immigration;
Immigration administrative action as one of the law enforcement process outside the court system;
Home and detention space as a temporary placement for foreigners who violate the legislation and victims of human trafficking and human smuggling;
Preventive and repressive authority of the Ministry of Justice in the handling of human trafficking and human smuggling;
Prevention is one of urgency where the competent authority can request directly to the Immigration Office at the Immigration Checkpoint;
Immigration investigators investigator was authorized as a criminal offense Immigration;
Criminal provisions governing criminalization responsible for conveyances, guarantor, management, or person in charge of accommodation, traffickers and people smuggling, makers as well as users and storage of false immigration documents, perpetrators of false marriage, deteni and Immigration officials or other officials do not abuse the powers and perform the duties in accordance with procedures; and
Improving the quality of Human Resources special education participants Immigration minimum undergraduate.
Commission III of the House of Representatives has held a working meeting with the Minister of Law and Human Rights in the framework of talks on the level I 31 March 2011 the agenda Report of the Committee to the Plenary Commission III, the results of the discussion of the Bill on Immigration, mini opinion of fractions in which all factions expressed approval of the decision, and ended with the signing of the draft bill. (quoted from Ditjen.Imigrasi)
For couples of mixed marriages (WNI & WNA) and the child of a mixed marriage this law is very favorable to the interests of residence permit and work.
After 2 years of marriage a couple WNA obtain Permanent Residence Permit (ITAP) previously will be given a Limited Stay Permit (ITAS) and does not require a Work Visa to earn a living and support his family in Indonesia.
Likewise, the child of a mixed marriage if after the deadline Duo Nationality * (18 year) decide for foreign nationals, they get ITAP and can work in Indonesia without a Work Permit.
Two points are very helpful couple mixed marriages, paling tidak WNI pasangan WNA akhirnya mendapatkan hak yang sejajar Labor WNI lainnya, husband / wife can work and live in peace and decent.
So remember had often complained even before the duo nationality of children born, raised in Indonesia, one of the old org bekewarganegaraan Indonesia, after finishing college willing to work in Indonesia (with very good intentions) rejected to work in Indonesia and have to spend millions and millions to be able to stay in Indonesia, first it seems ironic to hear their stories.
This is an excellent start.
I hope the Government can immediately socialize and hopefully no avail bad parties with the interest of the New Immigration Law.
Barelang bridge towards Batam Indonesia
I quote the following article – section of the Immigration Act No.. 6 Year 2011 which provide convenience for foreigners who are married to citizens. you may be useful for the same fate as me.
Limited stay permit granted to:
a. Foreigners who entered Indonesian territory with a residence visa is limited;
b. child at birth in Indonesia Region father and / or mother holder of a limited stay permit;
c. Foreigners were given over the status of stay permit visits;
d. skipper, crew, or foreign experts on board ship, alat apung, or installations operating in the territorial waters and the territorial jurisdiction of Indonesia in accordance with the provisions of laws and regulations;
and. Orang Asing yang kawin secara sah dengan warga negara Indonesia; or
f. son of Foreigners who are legally married to Indonesian citizens.
Limited stay permit expired because of limited stay permit holders:
a. return to their country of origin and do not intend to get back into Indonesia's territory;
b. return to their home country and not return for more than the period of validity of its Re-entry Permit;
c. obtain citizenship of the Republic of Indonesia;
d. license has expired;
and. permission switch status to a Permanent Residence;
f. license revoked by the Minister or a designated Immigration Officer;
g. subject to Deportation; or
(1) Izin Tinggal Tetap dapat diberikan kepada:
a. Strangers limited stay permit holders as clergy, pekerja, investor, dan lanjut usia;
b. keluarga karena perkawinan campuran;
c. husband, wife, dan/atau anak dari Orang Asing pemegang Izin Tinggal Tetap; and
d. Orang Asing eks warga negara Indonesia dan eks subjek anak berkewarganegaraan ganda Republik Indonesia.
(2) Permanent Residence Permit as referred to in paragraph (1) not given to foreigners who do not have a national passport.
(3) Alien Permanent Residence Permit holder is resident in Indonesia.
Awarding, extension, and the cancellation of the visit Stay Permit, Limited stay permit, and Permanent Residence by the Minister or the Immigration Officer appointed.
(1) Residence permits granted to foreigners can be converted.
(2) Residence Permit is a permit that can be converted into a visit Stay Stay Permits are limited and limited stay permit into a Permanent Residence.
(3) Rather status of stay permit referred to in paragraph (2) by the Decree of the Minister.
(1) Residence Permit and Stay Permit limited visits can also be converted into offices Residence Permit.
(2) Rather status as referred to in paragraph (1) can only be implemented based on the Ministry after the approval of the Minister of Foreign Affairs.
In the case of doubt the Immigration Officer Alien Residence Permit status and citizenship, Immigration officials have the authority to review and check the status of Resident and citizenship.
(1) Permanent Stay Permit granted for a period 5 (lime) years and may be extended for an indefinite period along its license was not canceled.
(2) Holders of fixed residence permits for an indefinite period of time referred to in paragraph (1) must report to the immigration office every 5 (lime) year and is free of charge.
(1) Permanent Residence for applicants referred to in Article 54 Signs (1) a letter issued after the applicant for permanent residence 3 (three) consecutive years and signed a statement to the Government of the Republic of Indonesia Integration.
(2) To obtain Permanent Residence for applicants referred to in Article 54 Signs (1) letter b given after reaching the age of marriage 2 (two) year and signed a Statement of Integration to the Government of the Republic of Indonesia.
(3) Permanent Residence for applicants referred to in Article 54 Signs (1) c and d can be directly supplied.
Holders of limited stay permit referred to in Article 52 letters e and f and the holder of a Permanent Stay Permit as referred to in Article 54 Signs (1) letters b and d can do the job and / or effort to make ends meet and / or his family.
(1) Permanent Residence Permit may end up as the holder of a Permanent Stay:
a. Regional leave Indonesia over 1 (one) or do not intend to go back into the Indonesian territory;
b. do not do the extension of Permanent Residence after 5 (lime) year;
c. obtain citizenship of the Republic of Indonesia;
d. license revoked by the Minister or a designated Immigration Officer;
and. subject to deportation action; or
(2) Permanent Residence Permit is canceled because the holder of a Permanent Stay:
a. convicted of a crime against the state as stipulated in the legislation;
b. engage in activities that jeopardize state security;
c. breaking the Integration Statement;
d. hiring foreign workers without work permits;
and. provide false information in the application for Permanent Residence;
f. Stranger in question are subject to administrative actions Immigration; or
g. marital breakup Foreigners who are legally married to Indonesian citizens because of divorce and / or the court's decision, unless the marriage has been 10 (ten) year or more.
(1) Foreigners residing in a particular region of Indonesia must have a guarantor who guarantees its existence.
(2) Guarantor responsible for the existence and activities of Strangers guaranteed during the stay in the Territory of Indonesia and the duty to report any change of civil status, Immigration status, and change of address.
(3) Guarantor shall pay the costs incurred to repatriate or release Stranger guaranteed from Indonesian territory when the Stranger concerned:
a. had expired residence permit; and / or
b. Administrative actions are subject to a form of Deportation Immigration.
(4) The provisions concerning the guarantee does not apply for foreigners who are legally married to Indonesian citizens.
(5) The provisions referred to in Article 62 Signs (2) letter g does not apply in the case of holders of Permanent Residence is disconnected marriage to Indonesian citizens obtain assurance that guarantees its existence as referred to in paragraph (1).
(1) Re-entry Permit granted to the Alien Residence Permit holders are limited or Permanent Residence.
(2) Stay Permit holders are limited given the Re-entry Permit validity period equal to the period of validity of limited stay permit.
(3) Holder granted Permanent Residence Permits are valid for a Re-entry 2 (two) year does not exceed the period of validity of Permanent Residence.
(4) Re-entry permits valid for several trips.
Further provisions on the procedures and requirements of the petition, period, gift, extension, or cancellation of Residence Permit, and over the status of stay permit regulated by Government Regulation.