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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
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.
For Mixed-Marriage Couples in Indonesia
Pre-word
Foreigners are not allowed to own property in Indonesia. However, although foreigners will not be able to own freehold (Hak Milik) property, several Government Regulations issued in 1996 allow foreigners to hold a Right of Use (Hak Pakai) which valid for 25 years with the possibility of another 25 years extension.
However, as the validity of a Right of Use title is limited to a certain period and it is not possible to a mortgage a Right of Use, this is not comparable to freehold or ownership in perpetuity. Holding a Right of Use offers the foreign investor protection for a certain period, but this title seems not well suited for long-term investment purposes.
2 (Two) Possible Solutions
In order to own the property in Indonesia, there are 2 (two) possible solutions for foreigners i.e.:
Using the Nominee
The nominee sign several documents with the foreigner i.e.: a) A Loan Agreement that acknowledges the foreigner has lent to the nominee the purchase price of the property; b) A Right of Use Agreement that allows the foreigner to use the property; c) A Statement Letter stating that the nominee acknowledges the loan from foreigner and intention to own the land; d) Power of Attorney. This is an irrevocable power of attorney giving the foreigner complete authority to sell, mortgage, lease or otherwise deal in the property.
Using the Foreign Company (so called PMA)
Under the new investment law number 25 of 2007, simplified services and/or permission of land titles may be granted and extended all at once in advance, and is renewable at the investor's request for the following:
- Right to Cultivate (Hak Guna Usaha) may be granted for a period of 95 (ninety-five) years by being granted and extended all at once in advance for a period of 60 (sixty) years, and renewable for a period of 35 (thirty-five) years;
- Right to Buld (Hak Guna Bangunan) may be granted for a period of 80 (eighty) years by being granted and extended all at once in advance for a period of 50 (fifty) years, and renewable for a period of 30 (thirty) years;
- Right to Use (Hak Pakai) may be granted for a period of 70 (seventy) years by being granted and extended all at once in advance for a period of 45 (forty-five) years, and renewable for a period of 25 (twenty-five) years;
Land titles as intended above may be granted and extended all at one in advance for the following investment activities, inter alia:
- an investment that is made for a long term and linked to structured changes in the Indonesian economy aimed at improving competitiveness;
- an investment with an investment risk level that requires a long-term return on capital based on the types activities carried out;
- investments that need no large areas;
- investments with the state land titles; and
- investment that do not undermine a sense of public justice and does not harm the public interest.
A land title is renewable upon evaluation that the land remains in good use and cultivation conforming to the conditions, nature, and purpose the title is granted.
More...
Foreword
Postnuptial agreements, also known as post-marital agreements, are agreements entered into after a marriage has taken place. There are many reasons why a mixed-marriage couple might wish to draw-up a postnuptial agreement. Among others, a couple that did not sign a prenuptial agreement before marriage may later determine that they want to have some sort of financial plan in place in the event of death or divorce. Additionally, a major change in the financial circumstances of the couple, such as a major career change or inheritance, may alter the financial landscape, requiring a change to the terms of the couple's existing prenuptial agreement to reflect their current wishes, like simple thing as the intention of owning property in Indonesia.
Indonesia’s 1974 Marriage Law only recognises prenuptial agreements, ("prenup" for short), a written contract created by two people before they are married. The 1974 enacted law only discussing the matrimonial agreement that must be drawn-up prior to marriage. Indeed, the law regarding the validity and enforcement of post-marital agreements is not well developed in Indonesia. But if we dig a little bit deeper, Indonesian Civil Code provides special provision concerning property division in the course of marriage. The postnup is a product of our ancient Civil Code. It’s been there for many decades. So, some couples have been using it all along. It just the postnup is not as popular as his other sibling, the prenup. As to my personal opinion, the postnup is like a wine. It’s being kept in the dark, until they mature enough into something you would like to have dinner with.
What’s Postnup?
First of all, postnup is not a back-dated prenup. It is signed and dated after your marriage. When you’re married, you’re married. There’s no way you can turn the clock around and get a prenup, or even back-date a prenup. That’s awful, and illegal of course! The harsh reality is that the courts tend to assume that a prenup is always valid, but they have the opposite reaction to the back-dated prenup. The assumption is, in the majority of cases, that this type of agreement is not valid.
You can’t find a postnup in the 1974 Marriage Law. It’s not there. Nevertheless, just because the Marriage Law didn’t say anything about the postnup, it doesn’t mean it’s not legal. It’s in the Civil Code. This is can be the ultimate solution for mixed-couples in Indonesia who did not sign a prenuptial agreement before their marriage. This also may preserve the rights of the Indonesian to own property in Indonesia even though they are married to a foreigner.
The postnuptial agreement, may be useful to couples seeking to enter into a postmarital agreement after a significant financial change or a period of marital conflict. It is signed and entered into in contemplation of an existing, ongoing, and viable marriage. This agreement allows married couples to legally pre-determine how property will be divided if the couple divorces.
The postnup creates property separation in your marriage since the signing date, and therefore the community property regime shall not exist any further. As for the property exist prior to the postnup, you need to determine them. It means that it has to be separated as well. You need to appoint one spouse as the property holder.
Nevertheless, please take a note that signing a postnup is not the only phase required to create separation of property during the course of your marriage. Your Indonesian lawyer needs to work on other legal issues such as taking prior-legal-measures to make sure the legality of the postnup before signed by husband and wife.
Legal Implications of the Postnup
Legal implications will occur due to property division in the course of marriage to the parties in the postnup (i.e. husband and wife), to the property in the marriage, and other related third party. Both husband and wife shall be bound by the legal binding force as affected by the Postnup. As it is a legally binding contract, therefore it shall serve as the law between both contracting parties; husband and wife. This is in line with Article 1338 of Civil Code stipulating that: “All the contracts legally drafted shall serves as the law to the parties involved.”
The postnup also take effect to the third party. The further implementation in regards to creditors, it must be specified according to the time frame. The community property shall be liable as collateral in the event the mortgage exist prior to the postnup date. On the other hand, if one spouse getting a loan from a bank after the postnup date, his/her separate assets shall be in liability to any debts he/she might have created.
Postnup for Mixed-Marriage Couples
In accordance with Article 186 (1) of Indonesian Civil Code, the wife may, in the course of marriage, request a division of assets, in the following circumstances: "...wife is in imminent danger of losing the security of her dowry and her entitlements pursuant to the law.., and also if ... in the management of the community property, such property might be endangered." This is totally applicable to the circumstances in every no-prenup mixed-marriage household in Indonesia. By marrying a foreigner, the Indonesian spouse will be precluded to own a property, which is her/his right as an Indonesian citizen. Her/his entitlements in owning a property in Indonesia may be endangered.
There are many mixed-marriage couples in Indonesia that did not incorporate a prenuptial agreement prior to their marriage. In the absence of a prenuptial agreement, by law, their marriage has joint property regime because the Marriage Law automatically assuming joint property regime within their marriage. This means either of you would require consent from the other for every transaction involving the immovable property in Indonesia. The implementation of consent if to co-sign of every transaction documents. In terms of mixed-marriage, such consent cannot be retrieved from the foreign spouse because a foreigner is now allowed to own property in Indonesia. An Indonesian will not be able to retrieve such consent from her spouse because he is not in the legal position to own the property in the first place. So, the Indonesian position is stuck. This is where a prenup is essentials.
Since there are too many mixed-couples out there without a prenup, then a postnup may be used as one of the options. Writing a postnup, just because you didn’t have a prenup, is not some business they see every day. Instead of getting a silly back-dated prenup, I certainly think the postnup is legally worth a shot. They can get a postnup.
The postnuptial agreements most often used to settle financial matters, including property ownership in mixed-marriage. The postnup is very useful when spouses failed to create a prenuptial but want to protect their assets. It is not something usual in Indonesia because the law thinks that you should’ve get the prenup in the first place. Therefore, requirements to get a postnup are stricter than getting a prenup. The contract must be created with full disclosure of assets, be entered voluntarily by both parties, and have terms that are fair and equitable.
Why Should You get the Postnup?
Because it is dated after your marriage, and because it is legal. The postnup is about admitting that you did not realize that you need a prenup in order to own property in Indonesia right before you got marry to a foreigner. It’s about being honest to yourself, and to the public institution where the postnup will be registered. Back-dated prenup is about manipulating facts of your marriage date, and the date when you sign the prenup.
Postnup is the most favorable choice for the limbo situation of having no prenup in the first place. Some mixed-marriage couples have resorted to questionable measures, such as making purchases using fake ID cards, or risky purchases, such as buying real property using their relatives’name. You may be trust them, but trust is not the only issue here.
The postnup is about making sure that you control your own property without have to rely on someone else’s mood. You have the power and the authority in making the purchase without affected by the legal constraints anymore. Sounds good, huh?
What’s Your Marriage Like after the Postnup?
The postnup serves as the law for both contracting parties; husband and wife. After both of you signed the postnup, the property shall be separated since the date of the postnup takes effect legally.
Each and every spouse in your matrimony shall be independent and will not require any consent from the other spouse, including to conduct property transactions. The best part is the Indonesian spouse will no longer affected by his/her foreign spouse. There you have it! The rights of an Indonesian in owning the property is preserved as if you had a prenup in the beginning of your marriage.
Reinstatement of the Community Property
This is the proceedings if you want to go back to the joint property regime, because may be, the laws have changed. For example, the Indonesian is no longer affected by getting married to a foreigner in owning any property in Indonesia.
In the event where community property is reinstated, matters relating thereto shall be afforded the same status as that applicable prior to separation, without prejudice to the result of acts carried out by the wife which took place in the interim between separation and reinstatement. Agreement providing for reinstatement of community property by the spouses for any reasons other than those already specified shall be deemed void.
The community property which is dissolved by separation of assets may be reinstated with the consent of the spouses. The reinstatement of community property must be made public by the spouses. Third parties shall not be affected by the reinstatement until the public announcement has been made.
Preword
Will is the most common way for people to state their preferences about how their estates should be handled after their deaths. It is a legal document containing a statement of an individual’s wishes and intents to take effect following his death, and which can be revoked. Many people use their wills to express their deepest sentiments toward their loved ones. You can protect the people you love most, choose guardians for minor children, and make gifts to family, friends and charities.
Making a valid Last Will and Testament is the only way to ensure that your property passes to people of your choosing rather than to people chosen by the Courts based on laws that are decades old. Without a will, the estate can be subject to many problems. Relatives may also dispute over property, leading to lengthy court proceedings, and a probate judge who does not know your personal wishes will dictate who gets your property and custody of your children after your death.
By having a valid Last Will and Testament, you will have full control over how your assets (i.e. your estate) are managed and distributed after your death and who will look after your children when you are no longer around to do so. The clear terms of last will require no clarification and in the event they can be interpreted in several ways, the intent of the testator must be determined rather than interpreting the text literally.
Legal Outlook
A last will cannot be made by two or more individuals in one legal document, whether it is in favor of a third party mutual or reciprocal arrangement. Everyone with property who have reached the full age of 18 years are allowed to make wills. The competence of the testator shall be judged based on the condition that he was in at the time that the last will was made. In a last wills, conditions which are unintelligible or impossible, or which violates tha laws and good morals, shall be regarded as void. Last wills which made as a result of duress, deceit or cunning shall be invalid.
The Legitimate Portion
The legitimate portion or the legal share of the inheritance is that portion of the estate which the lawful heirs in a direct line are entitled to and which the testator is not entitled to dispose of as a gift during his lifetime or by last will.
In relation to the descending line, if the testator leaves only one legal child, the legal share of the inheritance shall consist of half of the property which the child would be entitled to inherit upon death. In the event that there are two children, the legal share of the inheritance for each child shall be two thirds of whatever they would be entitled to inherit upon death. In the event that the deceased has left three or more children, then the legal share of the inheritence shall be three fourths of whatever each child should have inherited upon death. Children shall include the descendants, in any kind of degree; they shall, however only be regarded as substitutes for the child whom they represent in the inheritance of the testator. Meanwhile, in the ascending line, the legal share of inheritance shall always consist of one half of that which is by law due, upon death, to each blood relative in that line.
For the purpose of calculating the legal share, regard shall be had to those individuals who upon the death of an individual have become heirs to his estate but who have not been named as legatees under his will, and in the event that individuals other than the aforementioned heirs have been granted a share in excess of their legal share by deed during the lifetime of the deceased or by last will, provided that the aforementioned heirs were not present, the devises and gifts may be reduced upon a claim and in favor of the legatees and heirs or those entitled.
In the absence of blood relatives in the ascending and descending line, and of natural, legally acknowledged children, gifts by inter vivo deed or by last will, shall be deemed to be of the entire estate.
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