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The law on validity of marriage is governed by the 1974 Marriage Law and its implementation rules. Indonesian law has no provision for no-religious civil marriages. The mixed-marriage coupes needs to pay attention to the legal issues. If something happen down the line, lack of legal requirements in your marriage will put you into unfavorable conditions. No law recognition to your marriage, will be considered no marriage at all. It will take effect to your divorce, division of marriage property, child custody, and alimony.
Religious Marriage
Indoensia's 1974 Marriage Law stipulates that marriage can be legally recognized if it is performed according to the religion of the couple. It makes Indonesia as the country that put religion as the main issue in marriage. Mixed-religion marriage is not allowed in Indonesia. Both spouses must have the same religion in order to get marry legally.
Once you have made the decision to marry in Indonesia, you must choose the type of religious ceremony that you intend to have. For Non-Moslem, you must hold church (or temple) ceremony first, and then record the marriage with Civil Registry Office. The Couple will experience two types of ceremonies. The religious part will first be performed followed by a civil ceremony. The civil registry will in turn issues a marriage certificate which is evidence that you are legally married. A Non-Moslem wedding which is not recorded with Civil Registry is not considered legal. There will be two certificates presented at the end of ceremony, one from the church/temple, and the other from the Civil Registry Office.
If you have decided the marriage in Moslem ceremony, you must register you marriage at the local Office of Religious Affairs. Person wedded in a Moslem ceremony and issued a Marriage Book need not record their marriage with Civil Registry Office.
Civil Wedding
Considering Indonesian law has no provision for no-religious civil marriages, the couple who wish o perform civil wedding should provide the religious marriage certificate (i.e. Certificate of Marriage Solemnization) which means that they have done the religious marriage in their country(ies). Many foreigner tourists having their vacatioon and/or honeymoon in Indonesian, choose this route.
International Recognition
Mixed-marriage couple married in Indonesia should pay attention to this issue also, especially if they have married in Moslem Ceremony. The Moslem Marriage Book is accepted in United States and United Kingdom. But it is not accepted in several countries, to mention one of them is the Netherlands.
The immigration rules in Netherlands will require the Certificate of Attestation from Civil Registry Office. This is the certificate to show that the marriage has been registered with Civil Registry Office in order to register at the Civil Registry Office in the Netherlands. In order to obtain this certificate, you need to submit supporting documents such as passport and visa, marriage books, and photograph (with groom on the right side).
Theoretically, this is may sounds very funny. Office of Religious Affairs and Civil Registry Office is the government institutions that have the same authorities in recording the marriage. But, in the field of pratice, you might face the walls if you don't have any clues at all. Otherwise, your plan to stay and live in overseas will not come together.
For example, if you go to the Surabaya Civil Registry Office, they will not willing to issue the Certificate of Attestation for Moslem Marriage Book, They don't even want to provide the letter of rejection. They find Office of Religious Affairs have the same position with them. So, it is not their authority to issue such certificate. I have seen a couple separated just because of this obstacle. Of course, we can not put pressure on Surabaya Office. According to the Regional Autonomy Law of 2004, the regulation for civil registry and population services is the sole resposible of local municipal. So, it is the authority of Surabaya Municipal that considers the Religious Affairs and Civil Registry have the same position. Legal breakthrough must be achieved if you want your case succeeded. A comprehensive study on Indonesian legal system must be perfomed. You can check with your Indonesian law specializing in mixed-marriage legal assistance regarding this case.
Other things you need to bring to your attention is document legalization. Immigration related documents require certifications or legalizations or authentications in order to be recognized internationally. The legalizations rules are different for different countries. Not all information is provided clearly and many regulations are different to other countries. This conflicting information is not a personal attack on you, it's typical of government bureaucracy all over the world. As we aware, the US rules specify that your certificate(s) should be less than a year old. As for the Netherlands rules, the certificate(s) should be less that five years. The process usually complicated and, in many cases the lack of time or expertise causes you delays and valuable time is lost. We can only begin to imagine how you must be feeling with the delays and the conflicting information from all involved. This is very distressing for you.
Indonesia is not a part of the Hague Convention, a group of nations joined to create a simplified method of legalizing documents for universal recognition, then you will need an Embassy Legalization to be valid internationally.
As a non-member of Hague Convention, the documents must full-fill certain requirements before the Embassy can legalized your documents. The documents should pass the procedures at the related government institutions in Indonesia, such as Notary Public certification, Civil Registry, Department of Justice, Department of Foreign Affairs, and/or Department of Religion.
Marriage Legalization
The mixed-couple who have decided to get marry abroad, will not exempted by the law. The Marriage Law of 1974 stipulates that within one year after return to Indonesia, you must report the marriage to Civil Registry Office. You will then received a Surat Tanda Bukti Laporan Perkawinan (STBLP) or Overseas Marriage Registration.
This certificate is very important and will make your marriage recognized by the Indonesian laws. Even if you have decided not to stay in Indonesia, this certificate is a must-have document. You never knwo what will happen in the future and something make you move back again to Indonesia. By then, it will arise complication to your case. You need to get a court decree in order your marriage can be recorded at civil registry office. It will give you more hassles if your are deliverng a baby in Indonesia. You can not get the Foreign Birth Certificate for the baby if you do not possess STBLP. In addition to STBLP, it is also very important document if you would like to have property in Indonesia. Notary public will require Indonesian marriage certificate, whether it's an STBLP or regular marriage certificate. Your overseas marriage certificate will not be accepted because your marriage is not recognized by the Indonesian laws.
Marriage carried-out before 1974
The marriage carried-out before the year of 1974 was governed by Indonesian Civil Code. It is the Dutch ancient rules which divide people into classes i.e. Europe, Indonesian native (pribumi), Chinese, and Far Eastern (Arab and India).
This law was meant to be very specific according to who you are and where you come from. It did not treat people equal. The law sees the people through race, customs, and classes. Ubelievably, many of them are still valid and have not been revoked yet by the Indonesian government.
A Guide to Incorporate a Prenuptial Agreement in Indonesia Most people think of marriage as the ultimate emotional and spiritual bond. They are looking to a life of happiness. However, when faced with negotiating a premarital agreement, they realize that not only do they have to decide what will happen to them when they divorce or die, but thay they also have to negotiate these issues with their fiance(e).
It's just not what people are thinking about when they are getting married. If you are foreign nationality and plan to marry an Indonesian spouse, you need to get a prenuptial agreement PRIOR to marriage. Considering foreigners are not allowed to have a property in Indonesia, and if you wish to take the quite sensible precaution of a prenuptial agreement for the purpose of protecting yourself and your properties in the event that one of you dies, a prenuptial agreement is a must-have choice.
The Agrarian Law stipulates that foreigner is not allowed to own property in Indonesia, and Indonesian who married to the foreigner will be precluded to own free-title property. The agrarian law refers to Indonesia's Marriage Law assuming joint property ownership in the marriage.
Prenuptial agreement concerning separation of property in the marriage is the most possible solution to get around the issue. The Indonesian government can, by law, take virtually everything away from the grieving party because they did not create such a protective document PRIOR to marriage. To avoid this trouble, it would be prudent to draft a prenuptial agreement complying with the Indonesian laws to ensure that your financial interest(s) will be up-held by the Indonesia court. As one of the Indonesian legal services working for family law cases, especially mixed-marriage cases, we will walk you through the proper procedures how the prenuptial agreement incorporated in Indonesia.
Legal AspectsThe 1974 Indonesian Marriage Law has a very simple provision of prenuptial agreement compared to the ancient Dutch Law, Civil Code. The law governing the prenuptial agreement only consist of one article. It stipulates that the agreement should be made prior to marriage. The agreement should be legalized by the marriage registry office.
Civil Registry Office for Non-Moslem, and Office of Religious Affairs for Moslem.Both parties are free to determine the form of law, as long as abiding the law, religion, and moral consideration. The provision are indeed very general. The legislatures seem to let it so in order to make it flexible with the development of the religion, moral, and public order.Other provision stipulates that the agreement can not be amended during marriage, except upon approval of both parties and do not cause disavantage to any third party.
Person in Need of a Prenup Consider a prenuptial agreement if you suit with at least one of the following conditions:
- Person of foreign nationality wishing to marry to an Indonesian partner and wish to own property in Indonesia;
- Person who is bringing a lot of assets to the partnership, including all retirement account;
- Person who has his or her own business or is a partner in a company;
- Person on a fast career track who is likely to earn a hefty salary in the future;
- Person who has children from a prior marriage;
- Person who is paying for his or her spouse to get an advanced degree likely to result in significant future earnings.
Making a Prenup Indonesian laws does not provide ready-made frameworks for prenuptial agreement. You and your Indonesian lawyer have more leeway to define your future legal relationship, although you are bound by law, religion, moral, and public order consideration in drafing the agreement.Indonesian prenuptial agreement must be tailored to the particular needs of the spouses and sufficiently flexible to take into account changes in your future circumstances during the course of marriage.Begining by collecting all the things you want to be included in the prenuptial agreement.
Ask your Indonesian lawyer to draft the agreement and request for recommedation. But you need to take a note that the marriage property will be under your Indonesian spouse's name. Once again, foreigners of are not allowed to own a property in Indonesia. You just need to specify percentage of the property each spouse will get if the marriage was dissolved. Include in the agreement full disclosure of all assets and liabilities, including the value of each asset.
Make sure that the terms of the agreement do not promote dissolution.Keep all drafts of the documents by email so that there is a record that you have reviewed every draft. Keep all the drafts, correspondence, and notes so that the file reflects the negotiations and the various resulting revisions. Name and number the drafts in consecutive order such as "draft number three". This record will be very helpful is the agreement is later contested.
After negotiating the agreement, make sure you understand its terms and the importance of abiding by them. An agreement followed by both parties is more likely to stand the test of time. Avoid commingling assets and to keep careful records. A qualified accountant and bookkeeper can assist you. Even if the agreement is set aside or revoked, careful bookkeeping will make it easier for the court to trace and will save you lots of money.
At Wijaya & Co, we provide client with prenuptial agreement questionnaire. The main purpose of this questionnaire is to gather facts and obtain client’s input on issues that should be incorporated into a prenuptial agreement. The questionnaire consists of the issues that should be considered when you enter into a prenuptial agreement. Some of you might not be ready to discuss every issue that listed on the questionnaire. Therefore, it is OK if you want the agreement is to be silent on the subject. When you are ready, the two of may sit down together, once again, to discuss the silent part(s).
Legalized and Record the Agreement There are two registrations required for a prenuptial agreement. A premarital agreement must be recorded with the registrar’s office of the local district court, and marriage registry. The agreement will take effect for the husband and wife when the marriage recorded at the Civil Registry or the Office of Religious Affairs and shall take effect against third parties upon the date of registration with the local district court where the marriage will take place. If the agreement is not recorded at the local district court, then the marriage will be considered as if there is no prenuptial agreement exists. Thus, your marriage will have joint-ownership in property. This is the same as if you don’t have a prenup.
Death to Either Party If your Indonesian spouse pass-away, you will have to transfer the property within one year. Transferring the property can be either sell it to other Indonesian or pass it to your children. Under 2006 Citizenship Law, children born into mixed-marriage will entitle to dual-citizenship. They can keep the two citizenships until the age of 18 years plus another 3 years to choose one. In the event they did not choose Indonesian citizenship; they will be treated as foreigner and therefore will not be able to hold the property any further. On the other hand, if the foreign spouse pass-away, the Indonesian can keep the property for good. Updating the PrenupIt is important to understand the need to keep the agreement up-to date.
Agreement should be designed to accommodate the passage of time and changes in status, such as the birth of children, and increase or decrease in wealth, or the disability of either party. Since no agreement can take into account all possible eventualities, however, you need to review the agreement periodically, with an Indonesian lawyer, to keep it current.Disclaimer:The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This information is not a substitute for the advice of an attorney and should not be construed as a solicitation. No attorney-client relationship is established by use of information found anywhere in this article nor in this website.
Definition
While previous regulations defined "mixed marriage" as marriage between people in Indonesia subject to different laws", under the Marriage Law, a "mixed marriage" is defined as "marriage between two people in Indonesia subject to different laws as result of difference in citizenship and one of the parties is an Indonesian citizen". (Article 57, the Marriage Law).
Divorce: Grounds for Divorce
One of the means to dissolve a marriage is by divorce. Divorce may only be effected based on "sufficient reasons". The reasons for a divorce have been regulated in the Marriage Law, which are, in the event where one of the parties:
- has committed adultery, is an alcoholic, is addicted to drugs, is a gambler or other vices which are difficult to cure;
- has left the other spouse for two consecutive years, without consent and without legitimate reasons or the absence of reasons beyond his control;
- has been sentenced to imprisonment for five years or a longer period;
- has resorted to cruelty or severe ill- treatment, endangering the life of the other spouse;
- has developed a disability or disease, preventing from fulfilling the duties of husband or wife; or
- Irreconcilable differences.
Custody and Child Support
Both of the divorced spouses are responsible for the protection and education of their children. In case of minor children, the Court will usually award custody of such children to the mother, unless the mother is the one who is at fault or there is proof of her incompetence to take care of the children. If the baby is born overseas the regulation requires registration within 10 days after the baby birth and registration may be made to the Indonesian Embassy in the country where the baby was born. As far the practice we know the baby may travel with the mother's passport and other travel documents as required by the relevant regulations.
Marital property in Mixed-Marriages
The division of joint marital property will be dealt with according to the respective laws of the spouse. The laws may be their respective religious laws, customary law and other laws. The joint property is usually divided equally between the spouses.
Own a Property for Foreigners
Real estate in Indonesia may only be owned by Indonesian citizens or Indonesian legal entities (i.e., companies, yayasan, etc.). Thus, the only way a foreigner can truly have an interest in Indonesian land is by owning (or controlling) an Indonesian legal entity, in this case, either a PMA company or a PMDN company in which control of shares have been signed over to a third party.
Although land owned by companies may not be "Hak Milik" (often, and rather erroneously, translated as "freehold"), the Hak Guna Bangunan title is completely solid, and exists for as long as the company exists, and such titles are mortgageable. Of course, setting up these companies has an initial cost, and in the case of nominee companies there are ongoing nominee and administrative costs, however if you want security, this is the only way to do it, despite what Bali property salespeople may tell you. This is potentially a very technical and complex subject.
A good starting point is the knowledge that a) foreigners can't own land etc.. and b) Indonesian law assumes community (joint) property between husband and wife except for gifts and inheritances. So the starting point is that an Indonesian wife will need a marriage contract which states that immovable property in her name legally belongs to her alone, this is because her husband is a foreigner and can't own land in Indonesia in the first place.
So when you say "recover his assets on the death of his Indonesian wife", legally they cannot have been his! Generally what happens is that the foreign husband provides money for the Indonesian woman to buy the land. They should however document a loan agreement or mortgage on the land to that effect and the husband who put up the money should hold the certificate of title. That way if the woman dies, the husband will still have his mortgage and the certificate of title, even if the property has to be sold or legally transferred to another Indonesian (perhaps a family member).
An additional factor would be for the husband to take a lease of the land. Of course all this needs to be done to also protect the wife if her husband gets hit by a bus! There is no reason why the wife cannot will her legal assets to her husband, and leave her family out of it. That's up to her. But even then, the husband will never be able to own the land, because he is a foreigner. In the event of the wife's passing, her family is entitled to their "Hak" (rights). Basically you are entitled to your 50%. Your Indonesian wife's 50% would be divided between her surviving husband and their chlidren. That would entitle you to 50% of her share.
On paper you should be allowed 75% of the money from selling the property and her family to get the remaining 25%. When the wife passes away, the expat husband has one year from the date of death to sell your properties. If you manage to sell out, you get 50% (if he has no children) and the late wife's family gets the other 50%.
If, after one year, he hasn't been able to sell, the estate is handed over to a government body and the courts decide how the estate will be divided. The expat husband will probably get next to nothing. Otherwise, during that year he can have the estate placed in another Indonesian's name but this is not a direct transfer of title. It must be "sold" and the expat husband will have to pay the tax on the sale.
There is no easy way out and what ever you do, it takes a long time (and money). It's a lot more involved than have to be mentioned, believe me! It may well be wise for husband to form an investment company first, before forming the company, which could then buy the house and set up a PMA (Penanaman Modal Asing).
The wife must sign a letter authorizing a lawyer or a law firm to handle her affairs on the husband's behalf in the event of her death. This legal paper immediately puts the family at arms length and they can do nothing unless the lawyers and you agree. Make sure that any and all bank accounts are JOINT. Not an account in wife’s name with you having "signatory" rights. Even though you are the husband, the courts will not hand over the money without including the deceased wife's family, as by Indonesian law, they are entitled to some or all of her assets. This is a lengthy process and very difficult to deal with as one is dealing with grief and sorrow at the same time as one is sorting out the legal aspects of the situation.
The Citizenship
Indonesian nationality is governed by Act No. 62 of 1958. It defines an Indonesian national as a person who, since the beginning of independence on August 17, 1945, qualifies for citizenship under existing laws. An Indonesian woman married to an alien husband shall lose her Indonesian nationality if she makes a statement to this effect within a year of her marriage.
The 1958 Law on Citizenship, the citizenship of a child born from a marriage between an Indonesian woman and a foreigner should be that of the father. But, if the marriage has been recognized by Indonesian law, the baby is considered a child born out of wedlock, hence he/she should have his mother's citizenship. In this condition there's no problem and the baby can have an Indonesian birth certificate.
The problem would be different, if the father must have alien citizenship. Infants born from mixed (different races) marriages, have been deported to their fathers' countries. This is because the 1958 Law on Citizenship, which had a paternalist character (in which the legal line of the father dominates). Indonesia recognizes the principle of ius sanguinis, whereas the citizenship of a child is the same as his parents.
There are many legal disputes between divorced couples of Indonesian women and their foreign ex-husbands over the citizenship of their children. The resolution is considered unfair as children were given their fathers' citizenships, although the children were in the custody of their mothers. A child born from a legitimate marriage of an Indonesian mother and an alien father shall, in the event a divorce is granted by the court, qualify for Indonesian nationality if he/she so decides.
A child born from a legitimate or illegitimate marriage between an alien father and an Indonesian mother is entitled to become an Indonesian national if he/she applies to the Minister of Justice, having abandoned his/her alien nationality according to the law of the foreign country or in accordance with an agreement concluded between Indonesia and a foreign country. In such case a child shall submit the application within a year after reaching the age of 18. A child under the age of 18 who is not married and retains his/her kinship with the father who has not yet acquired Indonesian nationality, qualifies for Indonesian nationality if he/she lives permanently in Indonesia.
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Source: www.expat.or.id
Mixed-Marriage in Indonesia: Legal Services Package
Mixed-marriage in Indonesia is always full of legal complications. Mixed-couples should consider legal assiatance from the very beginning in order to avoid hassles down the line. It's down hill if you do. Our Indonesian law firm will assist you in related legal issues which might arise in your marriage, with the following services:
Prenuptial Agreement
- Providing necessary legal advice. Our Indonesian lawyer will provide necessary legal advice if the client wish to own property in Indonesia and expose the rights, oblligations, and legal constraints in owning property in Indonesia;
- Assisting client in drafting a prenuptial agreement. Our Indonesian lawyernwill assist client in collecting all the things to be included in the prenuptial agreement and complying them with related Indonesian laws on property and nationality;
- Legalized the prenuptial agreement with the marriage registry. One of our Indonesian lawyers will prepare and finalize the application of legalization of prenuptial agreement with the Civil Registry Office (Non-Moslem) or Office of Religious Affairs (Moslem);
- Record the Prenuptial Agreement with Indonesian district court. The Indonesia's 1974 Marriage Law stipulates that prenuptial agreement should be recorded at the Indonesian district court in order to take affect against any third party.
Marriage Registration or Overseas Marriage Legalization
Marriage Registration, if the marriage carried-out in Indonesia:
- Supporting documents advice. One of our Indonesian lawyer will provide client with all necessary advice regarding the collection of supporting documents for the marriage registration application;
- Registration form preparation. Our Indonesian lawyer will fill-out all registration form for client shortly after our Indonesian lawyer obtain client's biograhical information, as well as all the marriage registration instructions and other material contained in the registration packet forms;
- Contact with Civil Registry Office. All required telephone, mail, and fax contact with the civil registry office will be handled by our firm;
- Obtaining marriage certificates. Our Indonesian lawyer will obtain the marriage certificates upon the completion of the ceremony i.e. Marriage Certificate from Civil Registry Office, and Marriage Solemnization Certificate.
Marriage Legalization, if the marriage carried-out abroad:
- Supporting documents advice for obtaining Certificate of Singlehood. Our Indonesian lawyer will provide client with all necessary advice regarding the collection of supporting document for the civil registry application;
- Legalizing Certificate of Singlehood at related Indonesian government institutions. In order to be valid internationally, the certificate must be legalized by Department of Justice, and Department of Foreign Affairs;
- Translating the certificate with embassy's registered authorized-swon translator;
- Legalizing the certificate with relevant foreign embassy. In order to be accepted in the country where the marriage will take place, the certificate must be legalized by its embassy in Indonesia;
- Preparing and finalizing the applicationg for overseas marriage legalization. Upon receipt of copy of overseas marriage certificate duly legalized by Indonesian embassy, our Indonesian attorney will apply for overseas marriage legalization;
- Obtaining the Overseas Marriage Registration Certificate ("Surat Tanda Bukti Laporan Perkawinan Luar Negeri") from Civil Registry Office.
Residency in Indonesia
The foreign spouse is allowed to stay in Indonesia with the sponsorhip of the Indonesian spouse on a Limited Stay Permit/Temporary Stay Visa, approved by the Indonesian immigration office. This temporary resident visa is valid for a period of 12 (twelve) months with the possibility of extension subject to approval from the immigration authority.
- Immigration Application Review. Our Indonesian lawyer will review foreign spouse possibilities to achieve permanent residency and complying with related Indonesian immigration and nationality laws;
- Interview of Foreign Spouse. Our Indonesian legal consultant will coach and assist foreign spouse to verify that all information with the immigration application is accuracte and obtain all the biographical information required for the related immigaration application;
- Supporting documents advice. Our Indonesian lawyer will provide Client with all necessary advice regarding the collection of supporting documents for the immigration application;
- Immigration forms preparation. One of our Indonesian lawyers will fill-out all immigration forms for Client shortly after our Indonesian lawyer obtain all biographical information, as well as all the immigration instructions and other material contained in the immigration packet forms;
- Contact with Indonesian Immigration office. All required telephone, mail, and fax contact with the Indonesian immigration district office will be handled by our Indonesian lawyer. In extraordinary circumstances, our Indonesian lawyer may ask Client to voluntarily contact the immigration office to aid our office's efforts to expedite your case. Your voluntary agreement to undertake such contact will not be deemed as a failure by our Indonesian law firm to adhere to the terms of this agreement;
- Client up-dates. Our Indonesian lawyer will keep you closely of all significant developments in the progress of your case. We will initiate contact to advise you of the following events, among other: a) Our successful interview or contact with the foreign spouse to obtain all necessary biographical information, b) request by our office to immigration office for interview date the foreign spouse, c) interview date for the foreign spouse;
- Expedited Case Processing. Every reasonable effort will be made to expedite the case promptly and efficiently. However, that government bureaucracy errors and workload problems beyond our office's control can sometimes slow the processing of a case. Our Indonesian lawyer will, however, work proactively with the governmet agencies involved to minimized the impact on the case of any such government errors or delays.
Children Birth Certificate
The baby born outside of the marriage of mixed-couples is not entitled for parental relationship with the father. He/she only has civil law relationship with the mother. The name of the father is not showed on the birth certificate. Legal terms for the baby is out of wedlock child.
In order to put the foreign father's name on the birth certificate, you need legal assistance from the Indonesian attorney to legalized the baby. One of our Indonesian lawyers, will provide you with the following services:
- Providing necessary legal advice in order to legalized the baby and recognized by the Indonesian laws;
- Assiting the Client with every reasonable and legal efforts to change the birth certificate;
- Preparing and finalizing the application of the change of birth certificate to Civil Registry Office in Indonesia.
- Obtaining the new birth certificate with the father's name on it.
Disclaimer:
The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This information is not a substitute for the advice of an attorney and should not be construed as a solicitation. No attorney-client relationship is establised by use of information found in this article nor in this website.
General
Business travelers who frequently visit Indonesia must consider a Multiple Entry Business Visa (MEB Visa). The visa is much more practial than the standard single entry business visa or even a Social Visit Visa.
Multiple entry visa is valid for several entries into Indonesia and is available only for business purposes for a maximum period of 1 (one) year without exceeding 60 (sixty) days each visit. Multiple entry visa is not a working visa and cannot be extended.
On entry to Indonesia you are given a stay permit for 2 (two) months. After this period, the permit can be extended for a month, twice, giving a total stay of 4 (four) months. At the end of the maximum 4 (four) month stay, you must exit the country.
Requirements
- Visa application completed in full with 1 (one) recent passport-size photograph;
- Original valid passport for more than 18 (eighteen) months beyond the intended length of stay;
- Reference letter of sponsor from the sending company and a letter of invitation from the counterpart in Indonesia mentioning the purpose of visit;
- Copy of confirmed exit ticket and itinerary.
General
A visa of the Republic of Indonesia is issued in the form of a sheet of paper attached to a passport. The type of visa issued shall be based on the visa application. Visa application may be done by proxy, except for Diplomatic or Service Visa applications.
A visa application should be submitted to an Embassy or Consulate Office of the Republic of Indonesia or other social designated by Government of the Republic of Indonesia.
Visas shall be used within 90 (ninety) days, calculated from the date of issuance. Any foreign national who fails to use a visa within this designated period of time must submit a re-application for a new visa.
Competent Authorities and Officials
The Immigration Attache at an Embassy or Consular Office of the Republic of Indonesia or other designated official (hereinafter, Visa Officer) is authorized to issue or reject Diplomatic or Service Visa applications in accordance with the decision of the Minister of Foreign Affairs.
The Visa Officer is authorized to issue or refuse requests for Transit Visas, Visit Visas, and Limited Stay Visas in accordance with the decision of the Director General of Immigration on behalf of the Minister of Justice.
The Director General of Immigration may fully authorize the Visa Officer to issue or reject applications for Transit Visas or Visit Visas. The Visa Officers shall have the full authority to grant a visa to a foreign national who is in possession of a national passport or other valid travel document.
The visa officer, upon the approval of the Directorate General of Immigration, shall grant a visa to an individual not in possession of a national passport or other travel document (a stateless person).
Admission to Indonesia remains under the authority of the Immigration Officer at the port of entry.
For urgent cases, a Transit Visa or a Visit Visa may be issued at an Immigration Check Point.
General Visa Requirements
Visa applications should be submitted to the Visa Officer after filling out the required form.
A visa application should be submitted along with the following:
- a valid passport;
- a round trip or through-ticket to country of destination;
- 2 (two) photographs, size 4 x 6 cm;
- proof of written guarantee of possession of sufficient funds for living expenses during entire stay in Indonesia;
- payment of the visa fee.
The Approval of Visa Applications
A visa application shall be approved if the applicant:
- has fully complied with the requirements;
- has paid the visa fee;
- is not included on the blacklist.
The Rejection of Visa Applications
A visa application shall be rejected if the applicant:
- has not fully complied with the requirements;
- is included on the blacklist;
- can be included in any of the following categories, specified in Article 17 of Immigration Act No. 9 Year 1992 which include any foreign nationals who a) is known to be or suspected of being involved in international crime syndicate activities; b) has shown a hostile attitude toward the Government of Indonesia, or has taken actions which demean the name of the people and the country of Indonesia, in his/her own country or in any other country; c) is suspected of having committed actions in conflict with national security, public order, the morality, religious values, or the traditions or customs of the people of Indonesia; d) is under a request for extradition from another country, said person having tried to escape indictment or the execution of a punishment, having committed a criminal act which is also punishable according to Indonesian law; e) has previously been expelled from the territory of Indonesia; or f) has been found to be suffering from a mental illness or a contagious disease hazardous to public health; g) originates from a country which has no diplomatic relations with the Republic of Indonesia, unless otherwise established by Decision of the Minister of Justice.
The Finalization Process
The visa will be stamped or attached in a national passport, or a non-national passport, or a legal travel document.
All completed, original copies of visa application forms certified by the Visa Officer will be sent collectively on the same day to the Director General of Immigration.
The number and date of visa issuance will be entered on the visa application form. The visa shall be signed by the Visa Officer. The passport with the newly issued visa will be returned to applicant.
Special Procedures
Under certain circumstances, visa appilcation can be arranged for in Indonesia by the sponsor of the applicant concerned. In such cases, the sponsor or proxy should appear in person at the Head Office of the Directorate General of Immigration to begin the processing of the visa application as follows:
- on behalf of the applicant, filling out and complete all visa requirements according to the type of visa, which includes a letter from the sponsor stating the purpose of the visit/invitation and a written statement guaranteeing the sponsor's taking responsibility for the applicant during his/her stay in Indonesia;
- submit the visa application to the Visa Section of the Directorate of Immigration Traffic.
In absence of any incriminating factors, the visa authorization for the applicant concerned shall be cabled, at the expense of the sponsor, to the overseas Visa Officer ath the Indonesian Embassy or Consular Office at the applicant's place of domicile.
The visa shall be administered by Visa Officer in the presence of the applicant concerned.
A married couple has the glorious obligation to maintain a household that becomes the principles and structure of any community. The rights and obligations of a wife is equal with those of her husband in any household life and social interaction in the community.
A husband is the head of a family, while the wife is the housewife. Married couple must have a home of their choice. As the head of the family, a husband is required to protect his wife and provide the household necessity according to his capacity. A wife is required to manage the household affairs the best she can.
If a husband or wife fails to fulfill his/her obligations, the spouse may file a petition to a court of law for proper settlement.
Property in the Marriage
A marriage has legal consequences concering the property of the husband and wife (including gifts and inheritance), wealth acquired during the marriage, and legal consequences to the property when a divorce should occur.
The property brought by each husband and wife and the property earned of respective parties as gifts or inheritance is under their own possession, unless otherwise specified by respective parties. Each of the parties shall separately retain all rights and interests in all property of any kind which he or she owns to dispose of such separate property.
The property acquired during the marriage becomes joint property of a married couple. Husband and /or wife may have a legal capacity to dispose such property upon approval of the two parties. In accordance with the Marriage Law, such property shall be referred to as marital property.
In the event marriage is terminated due to divorce, the marital property must be arrange in accordance with the respective law. The respective law means religious law, ethnic (adat) law, and other laws.
Children or Offspring
A marriage also has legal implication to the child or offspring. Furthermore, pursuant to law, child or offspring is divided into two (2) categories, namely:
- Legitimate child, which is a child born in the legitimate marriage;
- Illegitimate child, which is a child born out of wedlock.
A husband may deny the validity of a child given birth by his wife if he can prove that his wife has committed adultery and the child is the result of such activity. The party that will decide the legitimacy of the child is a court of law upon request of the relevant party under oath.
Evidence of Child Origin
The origin of a child can only be proved with an authentic birth certificate issued by the officer of civil registry. If the birth certificate doesn’t exist, a court may issue a determination on the origin of the child after conducting an accurate hearing based on lawful evidence.
Based on the court decree, a birth registration agency in the jurisdiction of the court will in turn issue a birth certificate of the child.
The Rights and Obligations of Parents and Child
Parents are required to raise and educate their child properly. These obligations apply until the child gets married or becomes independent.
A child under the age of 18 years or has yet to marry remain under the control of the parents so long as the parent’s authority is not annulled as parents. The parents represent the child in any legal action inside and outside the court of law. Parents are not allowed to transfer the right of pawn any permanent property owned by the child, unless otherwise desired for the child interest.
Any of or both parents may have his/her/their parental authority revoked for one or more children for certain period. The meaning of authority doen’t include the power as the guardian in a marriage. The parents’ authority may be revoked through court’s decision in the event that:
- They seriously neglect their power to the child;
- They have extremely bad behavior.
Although the parents have their authority revoked, they still have the obligation to provide child support to the child.
The child is required to respect his/her parents and comply with their will properly. In the event the child has grown up, he/she is required to take care of his/her parents and family in a straight line and above if they need any help according to his/her capacity.
Guardianship
A child under 18 years old or has yet to marry still under the authority of the parents is under the gurdian authority. Such guardianship applies to the child and his/her property.
A guardian can be appointed by a person to execute the parents’ authority before he/she dies, with a testamentary will or orally before two (2) witnesses. The guardian should be, as far as possible, taken from the child’s relative or someone else that is adults, healthy in mind, fair, honest and has good manner.
A guardian may have his/her authority revoked in the event he/she fails to fulfill his/her obligations and has extremely bad manner. If such authority is revoked, a court will appoint another as the replacement.
In executing his/her authority, a guardian has the following obligations:
- to take a good care of the child and the child’s property by respecting the child’s religion and belief;
- to make a list of property and to record any changes to such property;
- to be responsible for the property and to bear any damage arising out of his/her negligence. The replacement is specified by court’s decision upon the claim from the child or the child’s family;
- Not to transfer the right or pawn the child’s permanent property, unless otherwise demanded by the child.
Double Citizenship under the New Law: Acquiring Indonesian Citizenship for Child Born in the Mixed-Marriage
General Overview
The new Indonesian citizenship law considered as landmark on citizenship. It provides for, among others, children from mixed-marriage to have dual citizenship until they reach 18 years of age or more when they have to choose one citizenship, either Indonesian or the other.
Under this new-enacted law, the child does not automatically lose his or her Indonesian status. Indonesian women are not automatically follow their husband's citizenship status and can be sponsor for their husband to turn status to Indonesian citizens.
The newly-enacted citizenship law gives children of mixed-marriages with Indonesian mothers the rights to dual citizenship until they are 18 years old. At the age of 18, they can choose whether to stay Indonesian citizens or follow their foreign father's citizenship. They will be then given additional three more years to decide on which nationality to choose.
Our Indonesian law firm has assisted many foreign clients to obtain Indonesia's dual citizenship for their children. Obtaining Indonesia's dual citizenship for your child is NOT just applying for a new passport, particularly for the child born before the new citizenship law enacted. There are certain proceedings that must be completed before your child entitle to Indonesia's dual citizenship.
Child Eligibility
The Decree of Ministry of Law and Human Rights defines child entitles to Indonesian citizenship, with the following categories:
- Child born in a legal wedlock of an Indonesian father and alien mother;
- Child born in a legal wedlock of an alien father and Indonesian mother;
- Child born out of wedlock of an alien mother acknowledged by the Indonesian father and such acknowledgement must be done before the child reaches 18 years of age or unmarried;
- Child born outside the territory of Republic of Indonesia of an Indonesian parent and given by the local citizenship laws granted such citizenship to the child. It means that the country where the child was born holds ius sanguinis principles that the citizenship of the child follows the parent;
- Child of an Indonesian citizen born out of legal wedlock, under age of 18, and unmarried legally acknowledged by the alien father;
- Child of an Indonesian parent under the age of 5 (five) legally adopted by the foreigner based on a court decree.
The eligible children must be aged below 18 years old or unmarried, otherwise they must go with normal naturalization process in order to obtain the Indonesian citizenship.
Child Born Before Aug. 01, 2006
Child born before Aug. 01, 2006 is not automatically entile to double citizenship. The citizenship of Indonesia can be obtained through registration by submitting application forms. The application to obtain Indonesian citizenship for your child must be made in writing using Bahasa Indonesia, on paper affixed with sufficient duty stamp.
The Time Frame
Although the period of time has been set in the Ministry's Decree that each application can be approved within approximately 100 days (subject to receipt of all completed application), the length of time varies from case to case according to its circumstances. It usually approved within approximately 3 (three) up to 4 (four) months.
The time it takes each district office to process the case varies. Some cases are delayed because the applicant does not follow instructions carefully or supply incomplete information. It is important to give correct addresses and telephone numbers.
Immigration Facility
Upon receipt of the Ministry's decree, you need to report in writing to local immigration office having jurisdiction over your child's residence. Also, bring your child's foreign passport and his/her stay permit.
The immigration will in turn:
- Revoke your child's stay permit;
- Upon your request, they will issue an Indonesian passport;
- Put an immigration stamp/chop in the endorsement page of your child's Indonesian passport;
- Issue an affidavit statement to obtain immigration facility, if your child possesses a foreign passport.
Closing Date
The registration must be made within 4 (four) year since the law enacted: August 01, 2010.
Child Born On or After August 01, 2006
The child born on or after August 01, 2006 is automatically entile to an Indonesian citizenship. You can easily register him/her at the local immigration office having jurisdiction over your child's residence and entitle to an Indonesian passport. They will put an endorsement on your child's Indonesian passport to obtain an immigration facility. In the event that your child already possess a foreign passport, the immigration office will issue an affidavit statement for you to entitle to an immigration facility.
Immigration Facility for Dual-Citizenship Child
The chilld with one passport (foreign passport) will no longer require to obtain a visa, stay permit, or re-entry permit. For dual passport child, he/she is obliged to use only one passport to entry and exit Indonesia.
What if You're not Married
In the event you're not married, the registration procedures for your child are still the same. It just, you have to go through particular proceedings, before you can submit your application. You need to get child's acknowledgment certificate from civil registry office, and submit the petition for legalizing the child to the local district court to get a court decree. These two documents are required for registering your child's citizenship with the local office of Department of Law and Human Rights.
Disclaimer:
The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This information is not a substitute for the advice of an attorney and should not be construed as a solicitation. No attorney-client relationship is established by use of information found anywhere in this website.
Manfaat Perjanjian Pranikah Dibuat
Walaupun bagi sebagian orang perjanjian pranikah merupakan topik yang tabu dibicarakan dan banyak menuai pro kontra dari berbagai pihak, namun harus diakui bahwa ada banyak sisi positif yang bisa dipetik dari adanya perjanjian ini.
Beragam masalah yang timbul pada pernikahan yang akhirnya sering kali berujung pada perceraian membuat sebagian kalangan merasa perlu membuat perjanjian pranikah.
Prenuptial agreement atau lebih dikenal dengan sebutan perjanjian pranikah adalah perjanjian yang dibuat sebelum pernikahan dilangsungkan dan mengikat kedua belah pihak calon mempelai yang akan menikah. Perjanjian ini berlaku sejak pernikahan dilangsungkan dan isinya mengatur bagaimana harta kekayaan Anda berdua akan dibagi jika terjadi perceraian atau kematian dari salah satu pasangan.
Awalnya perjanjian pranikah banyak dipilih oleh kalangan atas yang memiliki warisan besar serta bagi duda atau janda yang hendak menikah lagi tapi ingin memberkan kekayaan pada anak dari hasil pernikahan sebelumnya. Keinginan orang untuk membuat perjanjian pranikah kian berkembang sejalan dengan makin banyaknya orang menyadari bahwa pernikahan merupakan sebuah komitmen.
Nikmati Manfaatnya
Dengan banyaknya kasus perceraian yang berujung masalah, tak ada salahnya jika kita mulai berpikiran terbuka terhadap fenomena perjanjian pranikah dan melihatnya dari sudut pandang yang berbeda. Adanya perjanjian pranikah justru diharapkan dapat memberikan batasan yang jelas mengenai apa yang harus dan tidak boleh dilakukan pasangan, sehingga kelangsungan pernikahan akan tercapai.
Lepas dari masalah pro dan kontra, sebenarnya cukup banyak manfaat positif yang didapat dari adanya perjanjian pranikah, antara lain bagi perempuan Indonesia yang menikah dengan lelaki WNA, dimana sebaiknya mereka memiliki perjanjian pranikah karena kalau tidak ia tidak akan bisa membeli tanah dan rumah atas namanya sendiri.
Akhir-akhir ini malah banyak pasangan yang lebih menitikberatkan hal lain diluar masalah finansial (pemisahan harta dan utang serta masalah pembiayaan anak-anak yang lahir dari hasil pernikahan tersebut) sebagai perjanjian pranikah, seperti kebebasan bekerja dan berkreasi termasuk disini menekuni olah raga, hobi, atau mengoleksi barang langka yang tergolong mahal yang dianggap mengganggu keuangan keluarga. Bahkan ada pula pasangan yang memasukkan soal kekerasan dalam rumah tangga (KDRT) sebagai bagian dari perjanjian pranikah.
Dengan berbagai pertimbangan, Anda dan pasangan tentu dapat menentukan sendiri perlu tidaknya perjanjian pranikah dibuat. Yang jelas, pastikan bahwa hal ini memberikan manfaat positif bagi Anda berdua dan tentunya dilegalisasi oleh hukum.
Sumber: Harian Kompas tanggal 9 Januari 2007.
Acquiring Indonesian Citizenship through Marriage to an Indonesian Spouse
The Citizenship of Indonesia may be acquired through marriage with an Indonesian citizens. This is a new method provided by the new Indonesia's 2006 Citizenship Law in acquiring a Citizenship of Indonesia. The Indonesian spouse can be the sponsor for his/her spouse to turn status to Indonesian citizen.
This article will hopefully useful for foreigners married to Indonesian spouse who are considering to relinquish his/her current citizenship and wish to seek the possibility of becoming an Indonesian.
General Eligibility
Application for Indonesian citizenship may be forwarded by the applicant upon meeting the following general eligibility:
- Applicant must legally married to an Indonesian citizen;
- At the time of forwarding the application, the applicant has resided in Indonesian territory for at least 5 (five) consecutive years or at least 10 (ten) years non-continuously. This is prerequisite to the citizenship application;
- The Indonesian citizenship will not caused double citizenship.
Citizenship Proceeding
Application for citizenship should be forwarded in Indonesia in writing by the applicant using Bahasa Indonesia, on paper affixed with sufficient duty stamp and addressed to the local district office of Ministry of Law and Human Rights having jurisdiction over the applicant's residence.
Time Frame
In accordance to the Decree of Ministry of Law and Human Rights, the Indonesian citizenship can be acquired within 4 (four) months upon receipt of completed application. The Ministry's approval also be sent to the applicant's foreign embassy in Indonesia.
The approved-applicant required to return his/her previous citizenship documentation to the foreign embassy in Indonesian within 14 days.
What If You're Rejected?
If your citizenship application is rejected, the KITAS-holder-applicant will be awarded a permanent residency permit (so called KITAP/Kartu Ijin Tinggal Tetap) which valid for five years.
What If You're Not Married to an Indonesian Citizen?
You need to go with naturalization process upon meeting the following requirements:
- Aged 18 (eighteen) or married;
- At the time of forwarding the application has resided in Indonesian territory for at least 5 (five) consecutive years or at least 10 (ten) years intermittently;
- Sound in health and mind;
- Able to speak Bahasa Indonesia and acknowledges the state basic principles of Pancasila and the 1945 Constitution;
- Was never legally prosecuted due to acts of crime and sentenced jail for 1 (one) year or more;
- Upon acquiring Indonesian Citizenship will relinquish any other citizenship;
- Employed and/or has a steady income, and
- Pay a naturalization fee to the Government Treasury.
Application for naturalization should be forwarded in Indonesia in writing by the applicant using Bahasa Indonesia, on paper affixed with sufficient duty stamp and addressed to the President of the Republic of Indonesia through the Minister of Law and Human Rights.Copies of the Presidential Decree on naturalization and report on the declaration of allegiance ceremony becomes legal proof of Indonesian citizenship for a person who has been granted citizensh
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Guide to KITAP (Kartu Ijin Tinggal Tetap/Permanent Stay Permit) in Indonesia
A status conversion of an Indonesian Immigration Permit is the changing of status of a Limited Stay Permit into a Permanent Stay Permit.
Coversion Provisions
Indonesia's Limited Stay Permits may be converted into Permanent Stay Permits with the exception of a Special Immigration Facility Limited Stay Permit.
The status conversion of a Limited Stay Permit into a Permanent Stay Permit may be granted to a foreign national who can be included in the following categories:
- a capital investor who has invsted his/her capital in Indonesia;
- a rare expatriate expert in the field of science and technology;
- an expatriate expert in the position of top manager of an effective and efficient capital enterprise;
- a foreign church person;
- a foreign wife, to join her husband who is an Indonesian citizen or foreign national in possession of a Permanent Stay Permit, and has accompanied him for a long time in Indonesia;
- the foreign child(ren), under 18 (eighteen) years of age and single, to join parent who is an Indonesian citizen or foreign national in possession of a Permanent Stay Permit, and has accompanied parent for a long time in Indonesia;
- a foreign national in the framework of repatriation to regain his/her Indonesian citizenship;
- a foreign national who is beneficial to national development or other matters related to humanitarian considerations.
An application in triplicate for a status conversion shall be submitted to the Head of the Local Immigration Office whose jurisdiction covers the area of residence of the foreign national concerned.
Requirements
- An application letter from the foreign national concerned and sponsor containing information concerning the purpose of the request for the conversion and a guarantee from the sponsor for the foreign national concerned during his/her stay in Indonesia until his/her exit from Indonesia;
- Original and photocopies of a valid national passport which includes personal data, the visa, and a Limited Stay Permit Card, showing that the foreign national has been residing in Indonesia for 5 (five) years continuously using a Limited Stay Permit and has never left Indonesia without a Re-entry Permit nor been overseas exceeding time limit granted;
- A Curriculum Vitae/Resume which contains information about family, educational background, and employment background of the foreign national;
- Proof to support the information about personal data and a recommendation from a related authorized institution;
- A marriage certificate and information concerning the identity of the husband for a wife to join a husband who is a citizen of Indonesia or a foreign national in possession of a Permanent Stay Permit;
- A birth certificate and information concerning the identity of the parent for a child(ren) to join parent who is a citizen of Indonesia or a foreign national in possession of a Permanent Stay Permit;
- The applicant must not be included on the blacklist or subject to Immigration Action.
Embassy Legalization and/or Certification for Foreign Public Documents in Indonesia
Preword
Convention abolishing The Requirement of Legalisation for Foreign Public Documents concluded in October 5, 1961. The convention called "Hague Convention", a group of nations joined to create a simplified method of legalizing documents for universal recognition.
The Convention shall apply to public documents which have been executed in the territory of one Contracting State and which have to be produced in the territory of another Contracting State. The following are deemed to be public documents:
- documents emanating from an authority or an official connected with the courts or tribunals of the State, including those emanating from a public prosecutor, a clerk of a court or a process-server (''huissier de justice'');
- administrative documents;
- notarial acts;
- official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures;
Indonesia as a Non-Contracting State
Indonesia is not a state-member of the Hague Convention, then you will need an Embassy Legalization to be valid internationally. As a non-member of Hague Convention, the documents must full-fill certain requirements before the foreign embassy in Indonesia can legalize your documents.
Public documents issued by the Indonesian institutions and other immigration related documents require certifications or legalizations or authentications in order to be recognized internationally. The legalizations rules are different for different countries. Not all information is provided clearly and many regulations are different to other countries.
This conflicting information is not a personal attack on you, it's typical of government bereaucracy all over the world. The process usually complicated and, in many cases the lack of time or expertise causes you delays and valuable time is lost. We can only begin to imagine how you must be feeling with the delays and the conflicting information from all involved. This is very distressing for you.
Legalization/Certification Procedures
The procedures should be as follows:
- The Public Documents should be signed by the official of the issuing office;
- Then, the Ministry of Justice and Human Rights of ROI should legalize the signature of the official of the issuing office;
- Then, the Ministry of Foreign Affairs should legalize the signature of the official of the Ministry of Justice and Human Rights of ROI;
- Then, the related foreign embassy should legalize the signature of the official of the Ministry of Foreign Affairs.
Another relevant issue is that the government officers of ROI require to see the original public documents prior to legalize the copies. They will not legalize the original documents, but still they require the original ones to be shown.
KITAS and 12 Months Sosbud Visa: Visas for Foreign Husbands of Indonesian Women
There are many married couples in Indonesia where either the wife or husband is foreigner and the spouse is Indonesian. Indonesian government regulations do not treat these two circumstances in the same manner. Almost all the regulations that apply to foreign wives of Indonesian men are very different that those that apply to foreign husbands of Indonesian women, few similarities can be found between the two circumstances.
The basis for the difference is treatment seems to be related to the issue of working. Foreign wives of Indonesian husbands are assumed by the Indonesian government to be housewives and mothers. Foreign husbands of the Indonesian women are assumed to be looking for a job. The Indonesian government treats these two cases very differently.
Under the new law, that conditions are no longer exist. Indonesian wife nowadays can sponsor her husband to obtain KITAS (Kartu Ijin Tinggal Terbatas/Limited Stay Visa). This new type of KITAS is not popular yet. But still, the foreign husband is not allowed to engage with formal employment with the Indonesian company.
The following are the type of stay permit visa that suitable to your personal conditions:
KITAS (Kartu Ijin Tinggal Terbatas/Limited Stay Card)
In order to entile KITAS, you must employed by the Indonesian company. This visa allows the holder to work and stay in Indonesian for one year. The basis in issuing this visa is IMTA (Ijin Mempekerjakan Tenaga Asing/Foreign Employment License) issued by the Ministry of Manpower. Upon receipt this license, Directorat General of Immigration in turn will issue VITAS (Visa Ijin Tinggal Sementara/Limited Stay Visa). The VITAS can be obtained at any nominated Embassy of Indonesia abroad.
Upon receipt of VITAS, you are allowed to enter Indonesia. KITAS must be applied at the local immigration office having jurisdiction over your residence. Other documents must be obtained, among others are Buku Pengawasan Orang Asing (Alien Registration Book), Surat Tanda Melaporkan Diri (Self Report Police Certificate), and Surat Keterangan Tempat Tinggal (Domicile Letter).
As a KITAS holder, you're entitle to almost everything (except vote!) such as local driving license, you can even allowed open a bank account ( if you wish to open a joint account with your wife), and among others, you are also entitle to the same flag tarrif at the hotel that usually offered to any local Indonesians.
If you have engaged employment with the Indonesian company, you don't have to worry about all this hassles. They will take care of these documents for you.
But if you wish your wife to be your sponsor to obtain a spousal sponsorship KITAS, the same procedures are applied, except you are not required to get an employment approval from the Ministry of Manpower. You can go directly apply to the Immigration Head Office and upon receipt of completed supporting documents, they will issue an approval of Limited Stay Visa. You can collect the visa at any Indonesian Embassy abroad, then you can enter Indonesia.
The same thing like the working KITAS, you must get the KITAS Card from the local immigration office. It is recommended for you to report to the Police Headquarters as a registered alien. You will then receive a SKLD (Surat Keterangan Lapor Diri/Self Reporting Police Certificate). The SKLD will be useful for application to obtain Indonesia's Police Clerance Certificate. Police Clearance Certificate are required in the event you wish to migrate to other country such as Canada or United States.
Also for the purpose of population administration, go apply for SKPPS (Surat Keterangan Pendaftaran Penduduk Sementara/Temporary Resident Certificate) from the Civil Registry Office. This is very useful when you are applying KITAP (Kartu Ijin Tetap/Permanent Stay Permit) Card which valid for five (5) years. KITAP can be obtained after you hold KITAS for three (3) years continuously.
Our Indonesian law firm has assisted foreigners who married to Indonesian women to obtain KITAS under Indonesian wife sponsorship. Feel free to send inquiry email, once we received completed supporting documents, our Indonesian lawyer will initiate the process with the Directorate General of Immigration in Jakarta. We will also assist you after your enter Indonesia.
Multiple Entry Social Cultural (Sosbud) Visa: 12 Months Validity
This is the new visa issued under the New Citizenship Law, effective since Jun. 26, 2006. The visa is suitable to foreign husband who does not have any employment with the Indonesian company. The official visa name is Visa Kunjungan Beberapa Kali Perjalanan (Multiple Entry Social Cultural Journey Visa). It valids for one year. You are allowed to stay maximum 60 days for each visit. This visa will only require one time application for each year.
Your wife can the sponsor for this visa. She must signs two sponsorship letter and fill-in Form Model 13 VIS-K. The telex approval must first be obtained at the Directorate General of Immigration in Jakarta, to collect the visa at any nominated Indonesian embassy abroad.
Supporting Documents
Prior to obtain the telex approval for your 12 Months Sosbud Visa, you must first submit the following supporting documents:
- Photograph size 4 x 6 cm in red background;
- Copy of your passport;
- Copy of your marriage certificate/marriage book;
- Copy of your Indonesian wife's ID Card;
- Copy of your Indonesian wife's Family Card (Kartu Keluarga);
- Sponsorship Letter signed by your wife;
- Copy of your bank statements;
- Fill-in Form Model 13 VIS K.
The telex approval will be send to your wife and you can bring the copy to the nominated Indonesian embassy abroad to pick-up the visa.
At the Indonesian embassy abroad, you will be requested to fill-in Visa Application Form for Visit - Single/Several Journey(s). Choose "Several" instead of ''Single''. At the ''Purpose of Visit to Indonesia'' Section, please do not conflicting between choice number "10-Social'' and number ''15-Family Visit''.
The number 15 is for family member when you have a family in Indonesia and you visit them in Indonesia with their sponsorship. The number 10 is for non-family members, such as, if you have an Indonesian girlfriend, and you want to visit her in Indonesia under her sponsorship.
As one of Indonesian legal services working for immigration cases, we will assist you before you enter and after you enter Indonesia and to make sure you given proper legal advise for your situations.
For better or worse: Becoming Indonesian
I spent last weekend at the lovely bungalow compound of my friend Warwick Purser in Tembi village, 30 minutes outside Yogyakarta. Not long after we sat down to chat, he turned to me with a big smile and said, "I'm going to be one of you lot next week." "What do you mean?" I asked. With an even a bigger smile he replied, "I'm finally getting my Indonesian citizenship."
I felt disbelief, incredulity, amazement. Why would someone from an advanced, prosperous country like Australia give up the privileges and comforts of his land of birth to become Indonesia? Why become the citizen of a nation so many are trying to escape, beleaguered as it is by a spate of natural and unnatural disasters, to say nothing of terorism, exploitative identity politics, the chaos of decentralization, and old problems from the Soeharto past like corruption and human rights abuses? Why plunge into the mess that is Reformasi, where so many problems are rolled up into one messy tangle?
Warwick simply replied that after spending 25 years in the country, it just seemed like the natural thing to do. "I must follow my heart," he said, "knowing there will be a price to be paid."
"But surely, that's what commitment is about," he added. And love and passion too, I would say.
As I listened to him, my eyes became moist and I had to wipe away a sudden trickle of tears. "Why are you crying?" Warwick asked me. "I'm so moved!" I blurted.
You see, I've had an intense love-hate relationship with Indonesia all my life, but giving up my nationality is not something I would ever consider-even after marry-ing Tim, an Australian. Yes, I was born into an Indonesian family, but being Indonesian for me is a choice, a conscious decision.
An internationalist like myself could live anywhere, but I feel it would be a betrayal of my "destiny" if I changed citizenship and could no longer be part of this wonderful country that I love so deeply, for all its flaws and disappointments.
So Warwick's decision reflected my own commitment to Indonesia. And it made me think of what commitment should mean, and of Kennedy's words, "ask not what your country can do for you - ask what you do for your country."
Warwick has done more for his country-to-be in his 25 years here than most Indonesians in their lifetimes. His outstanding contribution has been his role in developing Indonesia's handicraft industry.
Now much-copied through-out Indonesia, the stylistic innovations and marketing savvy her introduced 12 years ago completely changed the face of the Indonesian handicraft industry, bringing the country's crafts into new markets, in volumes hitherto unknown.
Today his company, Out of Asia, produce a range of 28,000 products carried in elite stores and mass-market chain alike in the U.S. and Europe, including Macy's Harrods, Habitat, Target and Marks & Spencers. yes, Warwick has done well for himself, but at the same time he has created employment opportunities for tens of thousands of the country's craft-people, not just in Tembi, but throughout Java, Bali, Lombok and Aceh.
Almost single-handedly, he transformed his home base in Tembi from a sleepy rural center with no employment into a bustling, fully employed community, with new roads, restored houses and educational programs for its children. This attracted world attention, including a profile in TIME, and our government chose Tembi as an example of model rural community development. For similar reasons, Australia also selected Warwick last year as a top national achiever, from among one million Australia expatriates.
So how did Australia feel about Warwick officialy going native ? when learning that he intended to become an Indonesian citizen, Australian ambassador Bill Farmer said, " We are happy to share this national treasure, in fact we'll hold a congratulatory parrty in his honor."
And what do we Indonesians feel about Warwick becoming Indonesian? Pleased and grateful, for sure, but also ashamed that we don't do more. He is truly a mirror for us who take being Indonesian for granted because it's something we were born with. For him it has been a process, a love affair which grew, marked by achievements and happiness but also difficulties and disaster. most recently it was the Yogyakarta earthquake, which destroyed half of warwick's compound and most of his possessions, badly damaging everthing still standing.
Many would have seen this as a sign to return to a comfortable life in Australia, but instead the quake strengthened his commitment to Tembi. He poured money into reconstructing the village, and pulled in Richard McHowat, CEO of HSBC, and other donors to do the same (see my column in the Jakarta Post on Sept, 13, 2006).
Warwick purser isn't the only foreigner to commit to Indonesia and became a citizen. Ktut Tantri, Molly Bondan, and Franz Magnis Suseno came before him, as did H.J.C. Princen, a soldier of the Dutch colonial army, who fought against the Indonesian "rebels" during the revolution until he joined the enemy. Princen stayed in independent Indonesia to become one of its foremost activists, always struggling to defend the oppressed.
The context of Princen's fight was the struggler for independence. The context now is the struggle against poverty, ignorance, and the loss of cultural identity and spiritual meaning. Warwick puts him self squarely in the center of the arena. Where do we put ourselves?
This week, in a simple provincial courtroom ceremony in Bantul, Warwick Purser, perhaps Indonesia's highest profile expatriate, officially becomes Indonesian. We embrance you, Park Warwick, you who have been more present and caring in your foreigness, that many of us in all our inherited "Indonesianness".
The Jakarta Post, March, 14, 2007.
Written by Julia Suryakusuma. The writer is the author of Sex, Power and Nation. This article published based on the author's written permission.
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