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 nationality that is mixed community to present presentations on recent legislation. Listed below are copies of the 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 Status Keimigrasian, Direktorat Jeneral Imigrasi (Director of Stay allows and Immigration reputation, Directorate General for Immigration). The presentation dealt utilizing the enrollment of kids of blended marriages with double citizenship and affidavits (enrollment is obligatory, affidavit is optional), the very fact if they want to retain their Indonesian citizenship, and becoming an Indonesian citizen through declaration or naturalization that they have to claim Indonesian citizenship before their twenty-first birthday.

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 in addition to necessary documents.

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) in addition to different certificates.

May 5, 2011 a brand new immigration legislation arrived into force. Let me reveal a content associated with brand new immigration law UU 6 – Tahun 2011. The implementing laws for this legislation were given on April 16, 2013 as Peraturan Pelaksanaan Nomor 31 Tahun 2013.

Information about immigration things is for sale in Indonesian during the Immigration workplace internet site. Expenses of all of the immigration papers can be found in PP No. 45/2014 – Jenis Dan Tarif Atas Jenis Penerimaan Negara Bukan Pajak Yang Berlaku Pada Kementerian Hukum Dan Hak Asasi Manusia

Trying to get ITAP

Underneath the brand new immigration legislation, international partners of Indonesians can apply for an ITAP (permanent residency permit), after having been legitimately married for 2 years. Immigration officers should currently be familiar with the brand new regulations. But, it is strongly recommended which you have a printed copy of this brand new immigration legislation to you whenever you go to apply (especially Pasal 60 and Pasal 141).

The document needs for an ITAP application if you’re currently surviving in Indonesia, and sponsored by the Indonesian partner, are:

  1. ITAS (original and 3 copies) – in the event that you had previously been given an ITAS.
  2. Passport (original and 3 copies) – don’t neglect to duplicate the passport pages because of the visa stamps too.
  3. Formulir Perdim 24 Formulir ITAS dan ITAP written by the KanIm combined with map (red folder for ITAS, blue for ITAP). Types and folder should always be free.
  4. Formulir Perdim 27 Perubahan information Orang Asing (though that one can be completed later on, following the issuance regarding the ITAP and 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 – page of demand from your Indonesian partner, see test page.
  7. Surat Jaminan – page of Guarantee from your Indonesian spouse and finalized in addition to a responsibility stamp (meterai) Rp 6000.
  8. Although the immigration that is new claims that a sponsor letter through the Indonesian partner isn’t needed, the immigration officials are nevertheless asking because asian brides for sale 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 will likely be needed to create their wedding certification plus the certification of Marriage Report designed to Catatan Sipil to legalize it under Indonesian law (original and content). If the wedding certification is not legalized, expect you’ll understand this done before you begin the method to speed things up.
  13. NOTE: All photocopies should be on A4 size paper

This legislation offers residence that is permanent to partners and kids of mixed marriages which can be lawfully legitimate.

Additional documents that are requested

They are appropriate demands. But, from a single Immigration Office to your next they might 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 just about any document that you need to lawfully have. The latest UU 6/2011 provides immigration workplace complete capacity to make sure that you adhere to all current legislation.

A document that may be really definitely required of these hitched in Indonesia is an acknowledgement from your own embassy that they’re conscious of 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 inquire of for just about any document demonstrating that you’ve got adequate quantity of funds to remain, but that does not imply that they are going to fundamentally ask for this.

Additionally, you will be expected to signal a Declaration of Integration document “Pernyataan Integrasi kepada Pemerintah Republik Indonesia” according to Article 60 (2) for the brand new legislation. Listed here is 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 impact 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 five years (ITAP Elektronik (E-ITAP) dengan masa berlaku 5 tahun): Rp 3,700,000
  • Extension of non electronic ITAP for limitless period (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
  • Replacement of 5 12 months non-electronic ITAP this is certainly 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
  • Substitution of 5 12 months electronic ITAP (E-ITAP) that is nevertheless legitimate because of damage/loss (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 legitimacy because of damage/loss (Penggantian ITAP Non Elektronik untuk jangka waktu tidak that is yang karena rusak/ hilang): Rp 3,000,000
  • Replacement of electronic ITAP (E-ITAP) with limitless legitimacy as a result of damage/loss (Penggantian ITAP Elektronik (E-ITAP) untuk jangka waktu tidak that is yang karena rusak/ hilang): Rp 3,200,000

For NO good explanation if you’re expected to pay for significantly more than the aforementioned. The procedure should simply take about 3-4 months, presuming your entire documents is in order. Nevertheless it takes around six days, so it is better to use with enough time to process before your ITAS expires.

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