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Deportation from Indonesia: An Introduction and Solution

Posted 11.10. 2018 by Cekindo

Deportation from Indonesia: An Introduction and Solution Review by tenissa.tjahjono on 11. 10. 2018 Company Registration in Indonesia, Market Research in Indonesia, Work Permit in Indonesia, Product Registration in Indonesia, Local Partner Selection in Indonesia, Trade Mission in Indonesia, Company Formation in Indonesia, Company Establishment in Indonesia, Company Set Up in Indonesia, Payroll Outsourcing in Indonesia, Tax Reporting in Indonesia, Medical Product Registration in Indonesia, Medical Device Registration in Indonesia, Cosmetic Registration in Indonesia, Food Supplement Registration in Indonesia.
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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.

Who Can Be Deported From Indonesia?

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.

What Happens If I Am Deported?

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:

  1. deportation from the Indonesian territory
  2. blacklisting a foreigner

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:

  1. Known to or suspected to be involved in organised transnational crime.
  2. Demonstrating a hostile attitude towards the Indonesian government or conducted any action harmful to the reputation of Indonesian people and country.
  3. Suspected for conducting any action against public security and order, Indonesian moral standards, religion and customs.
  4. Using fake or forged passports to obtain a visa or a stay permit to enter and reside in Indonesia.
  5. Imposed Immigration Administrative Action in the form of Deportation from Indonesian territory.

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.

What Are The Reasons For Deportation?

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.

How Can I Avoid Deportation from Indonesia?

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.

I Was Deported? How Can I Come Back To Indonesia?

After deportation, promptly contact Cekindo and discuss your case with professionals. Cekindo can help you in several ways:

  1. By filling one-time complaint to the Minister. This act shall not prevent the execution of Administrative Action to the applicant.
  2. By communicating with the Directorate General of Immigration to propose revocation.

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.






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