Indonesia is a challenging country with an expansive captive market at every minute. However, with its abundant economic potential, comes legal compliance that must be met by foreign visitors especially in terms of visas whether for staying or working.
One of the topics that we would like to cover today is concerning deportation, laws related to deportation and how to avoid it.
Immigration officials under the auspice of the Ministry of Laws and Human Rights of the Republic of Indonesia are responsible for summoning, inquiring and passing verdict for deportation of foreigners. They may visit any premises to summon any foreigners and/or question the legality and validity of their stay permit.
Immigration official may cooperate with other institutions such as Ministry of Manpower and National Police of the Republic of Indonesia to conduct these visits.
Every foreigner entering Indonesia may risk having deportation if violating the applicable regulation in Indonesia.
Deportation is a forcible act to remove Foreigners from Indonesia. Its precursor is an Immigration Supervision activity by the Immigration Official to any foreigners conducting activity in Indonesia.
The process of deportation consist of two steps:
Any deported foreigner will be rejected entry in Indonesia based on Immigration reasons up to maximum six months which can be extended up to another six months.
Immigration Reasons comprise of:
Deportation can also result in a cancelled stay permit due to providing false information when submitting for visa and/or stay permit or imposition of Immigration Administrative Action.
Visa or stay permit abuse constitutes a criminal sanction of imprisonment up to 5 years and a fine of maximum IDR 500,000,000. If the blacklisting is not extended via written decision, then it will be terminated by law.
Deportation occurs to prevent foreigners from abusing their stay permit or engaged in acts deemed to disturb public order in Indonesia or violating the Indonesian law. Also, foreigners staying more than 60 days past the expiration date of their stay permit are liable for deportation.
Deportation usually occurs on an impromptu basis to ensure public safety in all Indonesian regions. The preferable option is usually office buildings, factories and apartments.
Most of the pitfall occurs when the foreigner fails to observe the proper visa. For example, using a business visa to work or conduct business. On other times, the work visa (KITAS) is issued only in Jakarta, but the foreigner is working in Bandung or Semarang.
If found out by the immigration official, then this constitutes an adequate reason for deportation. Failure to secure proper accommodation during the term of visa/stay permit have often become a reason to deport foreigners from Indonesia.
If you are here legally and using the correct visa/stay permit, then you should be able to provide the necessary documents and information to the Immigration officials upon any visit or inspection. Furthermore, physical ownership of passports and visa/stay permits at all times will reduce a foreigner’s risk that will lead to deportation.
If foreigners happen to be a subject to summons by the immigration official, they must answer the call or risk direct verdict without due process. With the correct information or clarification to the authorities, a foreigner can avoid the risk of deportation.
After deportation, promptly contact Cekindo and discuss your case with professionals. Cekindo can help you in several ways:
If either point is successful, the Directorate General of Immigration will issue a Block Revocation Certificate (Keputusan Pencabutan Penangkalan) issued by the Minister of appointed immigration officials as proof for your clearance.
Cekindo has successfully assisted clients with revoking their deportation and enabled entry into Indonesia. Contact us, so we can assess your case and provide a viable solution for your deportation from Indonesia. Our teams are located in Jakarta, Semarang and Bali.