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 users of the nationality that is mixed community to give you presentations on present guidelines. 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 reputation Keimigrasian, Direktorat Jeneral Imigrasi (Director of Stay allows and Immigration reputation, Directorate General for Immigration). The presentation dealt with all the enrollment of young ones 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 Regaining Indonesian Citizenship for people in Mixed Marriages and kids with twin 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 and also the documents that are required.

Kebijakan Administrasi Kependudukan dan Pencatatan Sipil Bagi Perkawinan Campur dan Anak Berkewarganegaraan – Ganda Terbatas (Administration of Population and Civil Registration for Persons 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 provided information regarding documents such as for instance Kartu Keluarga (KK), KTP Orang Asing, Surat Keterangan Tempat Tinggal (SKTT) in addition to different certificates.

May 5, 2011 an immigration that is new arrived into force. The following is a duplicate associated with immigration that is new UU 6 – Tahun 2011. The regulations that are implementing this legislation had been released on April 16, 2013 as Peraturan Pelaksanaan Nomor 31 Tahun 2013.

Information about immigration issues is for sale in Indonesian at the Immigration workplace internet site. Expenses of all of the immigration papers are located 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

Beneath the brand new immigration legislation, international partners of Indonesians can put on for the ITAP (permanent residency license), after having been legally hitched for 2 years. Immigration officers should currently know about the regulations that are new. Nevertheless, it is strongly suggested which you have a printed copy of this brand new immigration legislation with you whenever you go to apply (especially Pasal 60 and Pasal 141).

The document demands for an ITAP application if you should be currently surviving in Indonesia, and sponsored by the Indonesian partner, are:

  1. ITAS (original and 3 copies) – in the event that you had formerly been granted an ITAS.
  2. Passport (original and 3 copies) – do not forget to duplicate the passport pages aided by the visa stamps also.
  3. Formulir Perdim 24 Formulir ITAS dan ITAP written by the KanIm combined with the map (red folder for ITAS, blue for ITAP). Types and folder should always be free.
  4. Formulir Perdim 27 Perubahan information Orang Asing (though this 1 can be completed later on, following the issuance of this ITAP and even though registering the alteration of immigration status towards the area Inforsakim)
  5. Surat Keterangan Domisili – certification of Residence, acquired through the regional Kelurahan
  6. Surat Permohonan – letter of demand from your Indonesian partner, see test page.
  7. Surat Jaminan – page of Guarantee from your Indonesian spouse and signed along with a responsibility stamp (meterai) Rp 6000.
  8. Although the brand new immigration legislation states that a sponsor page through the Indonesian partner is not needed, the immigration officials continue to be asking for this.
  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 overseas is likely to be needed to create their wedding certification along with 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 must be on A4 size paper

This legislation offers permanent residence just to partners and kiddies of blended marriages which can be legitimately valid.

Additional Requested Papers

They are legal needs. However, in one Immigration Office into the next they might have extra needs. Papers we imagine you might be asked for could incorporate a SKTT, STM, NPWP, etc. The Immigration workplace is definitively authorized to inquire of you for just about any document that you ought to legitimately have. This new UU 6/2011 provides the immigration office power that is full make sure that you conform to all current guidelines.

A document that may be really undoubtedly required of these hitched in Indonesia is definitely an acknowledgement from your own embassy they are alert to your wedding in Indonesia.

You might like to be expected for economic papers such as for example bank declaration, proof retirement, etc. The immigration officials are definitively authorized to inquire about for just about any document showing that you’ve got enough level of funds to keep, but that does not signify they will certainly necessarily 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 law that is new. Let me reveal a sample – Surat Pernyataan Integrasi.

There is a rise in the expense of some immigration papers according to PP No. 45/2014 which arrived into influence on 3 2014 july. They are the expenses for ITAP:

  • Non ITAP that is electronic valid 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
  • Expansion of non electronic ITAP for limitless period (Perpanjangan ITAP non Elektronik untuk jangka waktu yang tidak terbatas): Rp 10,000,000
  • Extension 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
  • Substitution of 5 year non-electronic ITAP this is certainly still legitimate as a result of damage/loss (Penggantian ITAP Non Elektronik masa berlaku 5 tahun karena rusak/ hilang dan berlaku that is masih: Rp 1,500,000
  • Substitution of 5 12 months electronic ITAP (E-ITAP) that is nevertheless legitimate as a result 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 credibility because of damage/loss (Penggantian ITAP Elektronik (E-ITAP) untuk jangka waktu yang tidak terbatas karena rusak/ hilang): Rp 3,200,000

For NO explanation if you’re expected to cover a lot more than the above mentioned. The procedure should simply take about 3-4 days, presuming all your valuable documents is with in purchase. Nevertheless it may take around six months, so it is far better use with the required time to process before your ITAS expires.