Indonesian Mixed Marriage Couples - Right to Work

New Immigration Law - UU 6/2011
Indonesian Mixed Marriage Couples
Right to Work

The new immigration law allows for the employment of expatriate spouse who have been married to an Indonesia for 2 years. One of the main distinctions of the new immigration law is that under this new law, foreign citizens in mixed marriage families clearly are not categorized as foreign “expatriate workers.” Therefore, under the provisions of the new law, a person would not necessarily be employed in the context of the RPTKA/IMTA (which only applies to “expatriate workers”).

Elucidation on Key Provisions of the New Law

Article 52 (e) - A Temporary Resident Permit shall be given to a foreign national who is legally married to an Indonesian.

Article 54, 1(b) – A Permanent Resident permit may be given to a member of a mixed marriage family.

Article 59 (1) - A Permanent Resident Permit is issued for a period of five (5) years and may be extended for an unlimited period insofar as the permit has not been canceled.

Article 59 (2) – The holder of a Permanent Resident Permit for an unlimited period as intended in paragraph (1) must report to the Immigration Office every five (5) years and is not subject to a fee.

Article 60 (2), (3) - After 2 years of marriage, the Permanent Resident Permit may be issued immediately.

Article 61 - The holder of a Permanent Resident Permit issued pursuant to Article 54 1(b) above may work and/or do business to provide a living for him/herself and/or for his or her family.

Article 63 (4) – the provisions concerning a foreigner having a Guarantor or sponsor DO NOT APPLY to foreign nationals who are legally married to Indonesian citizens.

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Caveat:

It is my understanding that while the new law does allow a foreigner married to an Indonesian either the "right" or privilege to "work and/or do business to provide for his/her living and/or the living of his/her family"; with regard to the working or employment side of this dichotomous Article 61 (as opposed to the "do[ing] business part; i,e. forming their own PT or company), "DEPNAKER" or the Labor Dept must still issue a working permit to a foreigner, even if married to an Indonesian for >/= two years.

Notwithstanding the new Immigration law or its administrative implementation or interpretation; a foreign national simply cannot hold certain positions in Indonesian whether married to an Indonesian or not. For example, if I (an American citizen) wanted to hold a position as a Director in a corporation whose Articles of Incorporation expressly stipulate that a foreign national cannot hold such a position, I would be barred from holding such a position regardless of UU 6/2011. Furthermore, "DEPNAKER" may not approve a working permit for me to be employed in certain types of positions, industries, professions or trades.

So while I may now have the right or "privilege" to now work under UU 6/2011 by virtue of being married to an Indonesia for >/= 2 years; the Labor Dept must still give my employment their "blessings" or approval. Therefore, the right to work as a salaried or wage earning employee is not absolute. There appears to be no such encumbrance or restriction if I was to to simply own or have my own business, or work in the capacity of a self-employed independent contractor or sole proprietor - unless of course that was engaged in an occupation, trade or profession which required a license in Indonesia or which could only be performed by a native born or naturalized Indonesian national.

Update on New Immigration Law - PR (KITAP) & Working Permit for Foreigners

Here is a reprint of an article appearing in the October 20, 2011 issue of the Jakarta Globe:


When the long-awaited revision of the 1992 Immigration Law was passed in April, thousands of foreigners living here greeted it with cautious cheers and applause.

The revisions are supposed to make it easier for foreigners who qualify to obtain permanent residency permits, but the months since the law’s passage have proved to be confusing both for the supposed beneficiaries and the office supposed to implement it.

Anxious Questions

Hundreds of mixed-marriage couples are at the forefront of those waiting anxiously for the new law to become effective.

“The spirit of this new law is to accommodate long-time married couples whose spouses still have to renew their permit once every year,” said Sandra Tjahyakusuma, a member of International Rainbow Alliance (APAB), which is part of the advocacy team for the 2011 Immigration Law.

The new law stipulates that foreigners who have been legally married to an Indonesian for at least two years will be immediately granted a permanent residency permit (Kitap). It also allows foreigners to remain in the country even if they divorce their Indonesian partner, as long as their marriage lasted at least 10 years.

Sandra, an Indonesian citizen who has been married to a British national for 18 years, said the old law did not accommodate foreigners who wanted to get a permanent residency permit unless they held top corporate positions.

“Now if you are married for a minimum of two years with an Indonesian citizen, you are eligible for it,” she said.  But there remain plenty of questions and complaints.

In Effect or Not?

The most common question asked since the law’s passage is: When will it go into effect?

And here lies the first confusion: Technically, a law needs implementing rules and regulations to be enforced properly.

“We are still waiting for the [implementing rules] on this,” said Asriyani, one of the bureau heads at Central Jakarta Immigration Office.

A thick draft of the regulations, which would be issued in the form of a governmental decree, was shown to the Jakarta Globe, but officials say this won’t be finalized until next year. The law states that such regulations should be issued within a year of a law being passed, though this hasn’t always happened. The 2009 Health Law, for instance, still doesn’t have implementing rules and regulations.

The regulations are needed to detail exactly how to interpret the law.

However, in July, Erwin Azis, director of immigration information systems, explained in a public forum that even without the government decree, certain parts of the law were already in effect, like the one where foreigners who have been legally married to an Indonesian for two years are entitled to obtain a Kitap.

But it seems not everyone is on the same page.

Insufficient Answers

Sandra said they’ve compiled the most common responses given by immigration officials who reject applications for a Kitap, as submitted by dozens of frustrated mixed-marriage couples.

The first one is that the law is not yet in effect, she said.

“We find this ridiculous because the new law includes a transitional provision that says the legal spouse of an Indonesian citizen who has had a Kitas [temporary residency permit] for at least two years can immediately get the Kitap,” Sandra explained.

The second relates to fees. Earlier this month, APAB also received a report that a staff member at the Immigration Directorate General demanded Rp 15 million ($1,700) for the Kitap.

According to the old law, a Kitap that’s valid for five years costs Rp 3 million, and an extension would cost Rp 2 million. The implementing regulations to be issued next year are supposed to define the new costs.

“The third response is that the applicant still needs a sponsor even though Article 63, Paragraph 4 of the new law says  a sponsor is no longer needed for those married to Indonesian citizens,” Sandra said.

Irregular Implementation

With or without implementing regulations, the West Jakarta Immigration Office has gone ahead and applied aspects of the new law and issued Kitaps to foreigners who met the requirements for mixed-marriage couples.

Office head Mirza Iskandar said they did not judge applications based on occupations, “as long as they are married to an Indonesian for at least two years. That’s what the law says.”

“But not that many people come here. I think most of the mixed-marriage couples go to the South Jakarta Immigration Office,” he said.  Mujiyono, the head of the South Jakarta Immigration Office, said he had recently begun accepting applications from foreigners wishing to make use of the new law,  but not all were approved.

“Of course I have to filter them first. Only applications from those who have been married at least two years and can show a document from their embassy will be forwarded to the provincial [immigration] office,” he said.

Burhanuddin, who is responsible for issuing Kitaps in West Jakarta, said the process usually took at least a month as staffers needed to verify the information including by home visits.

“If they are really married to Indonesians, and for how long, etcetera,” he said.

After the field check, the district immigration office will hand over the data to the provincial office. “We cannot predict how long that part will take. It could be a month or more,” he said.

The Central Jakarta Immigration Office, however, said it was not yet accepting applications.

Immigration spokesman Maryoto Sumadi apologized for the different treatments foreigners received at district offices.

“We are not yet finished with the awareness campaign for the new law,” he said.

Maryoto also said that even though the new law allowed holders of temporary and permanent residency permits to work or own businesses, separate work permit requirements would still be regulated by the Manpower and Transmigration Ministry. A spokesman there, Suhartono, said his office was still in the process of revising its regulations to match the new Immigration Law.

“But the requirements will still be the same,” he said.

Going Around the System?

A seasoned “agent” at the Central Jakarta Immigration Office, who only wanted to be identified as Raja, told the Globe that to get a Kitap, one should be prepared to pay through the nose.

“If you want to use an agent, the cost to get a Kitap could be as high as Rp 30 million,” Raja said. “You can just sit back and we will deliver it to you. You only need to come to the immigration office once to get your picture taken.”

Raja recommended people apply for the permit themselves, but still, one has to prepare for “additional fees.”

“You will basically need to get your application through three different offices: district, provincial and ministerial,” Raja said. “For the first two, you need to give between Rp 250,000 and Rp 500,000 over the counter. But at the directorate general in Kuningan, you have to pay around Rp 5 million, but you can negotiate.”

Refusing to pay these fees, he continued, could affect the application. “Of course if you ask staff here they will say that they know nothing about the prices, but none of them will object if you give them money,” he continued. “It also gets them to approve your application faster.”

APAB’s Recommendations for the Implementing Regulations

1. Kitap holders from mixed marriages should get a special registration number to differentiate them from business owners.
2. The term “relative through marriage” should be clarified.
3. Foreigners married to an Indonesian for over two years should be able to get their Kitap without first applying for a Kitas.
4. Sponsorship should no longer be needed for foreign spouses.
5. For those mixed-marriage couples who have already
been married for a long period of time, a statement from the foreign spouse’s embassy of
a good record and marital status should no longer be necessary.

A Refresher on the Key Points

1. Foreign spouses of Indonesian citizens can get a permanent residency permit (Kitap) after two years of marriage. They will only be required to report to the immigration office once every five years — a free service — instead of the annual renewal currently required.
2. If they have been married to an Indonesian citizen for at least 10 years, foreigners can stay in the country even after a divorce.
3. Foreign spouses will be allowed to work in the country without a sponsor.
4. Others who are eligible for a Kitap are:
• Children from mixed marriages, regardless of their nationality. However, these children still have to choose a citizenship at the age of 18, with three years of possible extension. If they choose foreign citizenship, they have to apply for a temporary or permanent residency permit.
• Foreigners who have held a Kitas for three years, less than the five years previously required, can get a Kitap.
• Former holders of Indonesian citizenship.
5. Foreigners with a Kitap who leave Indonesia for long periods of time will not lose the permit as long as they obtain multiple re-entry permits.

Indonesian Expatriate Spouses - NEW IMMIGRATION LAW

As reported in the JakartaGlobe April 8, 2011

Here are the key provisions of the new immigration bill that was passed by the Indonesian House of Representatives on April 7, 2011 which will affect expat spouses (women or men) who are married to  Indonesian nationals (men or women).  The new law is expected to be signed by President Susilo Bambang Yudhoyono (Pres SBY) within 30 days.

• Foreign spouses of Indonesian citizens can get a permanent residence permit (Kitap) after two years of marriage. They will only be required to report to the immigration office once every five years — a free service — instead of the annual renewal currently required.

• If they have been married to an Indonesian citizen for at least 10 years, foreigners can stay in the country even after a divorce.

• Foreign spouses will be allowed to work in the country.

• Children from mixed marriages will automatically get a Kitap regardless of their nationality. Under the current arrangement, these children have to choose a citizenship at the age of 18. If they choose to adopt foreign citizenship, they have to apply for a residence permit.
• Foreign investors who have worked in Indonesia for three years, less than the five years now required, can get a Kitap.

• Former holders of Indonesian citizenship can get a Kitap.

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Hold your horses everyone.... this may not all get implemented as expeditiously as eager expat spouses (including myself) would hope for.  Additionally, I am relying upon secondary sources of information (press and media) as above and have not actually read the primary source (THE LAW) itself.

Moreover, we'll have to wait and see what modified version or draft President SBY actually signs into law, assuming that he does so and does not veto this Bill.  The Bill does not officially become law until SBY signs off on it; so we'll have to wait and see what he actually does sign off on and then read exactly what the law stipulates or says.

Furthermore, after a law is passed, supporting governmental regulations need to be codified or enacted in order to carry out the new law from an administrative point of view.  Such supporting governmental regulations (or administrative law) should ideally be enacted within one (1) year of a new law being passed.  Indonesian legislative representatives, however, have been known to be dilatory and miss deadlines.  The government has been told to speed things up, however.  

So, expat spouses married to an Indonesian who are hoping now to not have to renew their KITAS annually, obtain Permanent Residency (PR) status, and obtain a work permit are not out of the woods quite yet on all this.

In my case, my KITAS (limited stay permit) expires on September 8, 2011.  I will have been married to an Indonesian for two (2) years on August 30, 2011 one week prior to my KITAS expiring.  Does this mean that I will not have to renew my KITAS and will be eligible to alternatively apply for a PR under the new law and will be able to work after September 8, 2011 (which is the purpose and intent of this new law) ???   Unfortunately for me the answer is, NO !  It doesn't look like things will be in place administratively for this to take place in the next couple of months, and I will be forced to renew my KITAS until this all gets finalized and worked out.... 

Kudos go out to the Indonesian Mixed Marriage Society (Perkawinan Campuran Indonesia - or "PerCa") for their past, and continuing, grassroots lobbying efforts to see this all come to fruition and become a reality for so many cross cultural or trans-national married couples in Indonesia.

Indonesian Expatriate Spouses - NEW IMMIGRATION BILL

As reported in What's New Jakarta

Immigration amendment Bill – a welcome move for expatriate spouses:

The Indonesian House of Representatives and the Ministry of Justice and Human Rights have signed off on the long-awaited Immigration bill which will – assuming it becomes law – have huge implications for foreign nationals married to Indonesians. Presentlly expatriates in mixed marriages must renew their temporary residence permits annually – a costly and time-consuming experience. It will also allow foreign spouses to seek employment in Indonesia which should go a long way towards ensuring that unions are both financially secure and sustainable. As with most things awaiting legislative approval there will probably be much water flow down Jakarta's rivers before we see this bill come to fruition.

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As reported in the JakartaGlobe March 31, 2011

A long-awaited immigration bill promising significant and “humane” changes to the way expatriate spouses are treated in Indonesia is a step nearer to being ratified into law.

The House of Representatives and Ministry of Justice and Human Rights signed off on the immigration bill on Thursday evening, meaning the bill could be adopted into law during the next week’s House plenary session.

Eva Kusuma Sundari, a member of the House Commission III which oversees legal affairs, said expatriates — both men and women — who marry Indonesians would almost certainly automatically gain permanent residence.  The Indonesian Democratic Party of Struggle (PDI-P) legislator said the law would mean expatriates would not have to renew their limited stay permits (kitas) each year.  Eva said the bill also allowed foreigners to remain in the country after a divorce, provided he or she had been married for 10 years.  This was for the sake of any children the couple may have, she said. Another key point was that foreign spouses would be able to work in the country, Eva said.

Minister of Justice and Human Rights Patrialis Akbar said he was happy the “humane” bill was now ready to be passed.  He said that Indonesia was attempting to treat foreigners in Indonesia the same as Indonesians would be treated by other countries.

He hoped all lawmakers in the House would approve the bill.

A fuller story will follow.  

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UPDATE:  As reported in the JakartaGlobe April 7, 2011

Indonesian women have welcomed the passage of the Immigration Law that boosts the rights of foreign spouses of Indonesian citizens.

Isabelle Mace Panggabean, 31, who is half French and half Indonesian and married to an Indonesian, hailed the new law, saying said she would now be able to gain permanent residency.  The mother of one said she would now no longer have to extend her Kitas every year and would be able to work to provide for her family if her husband ever became sick.  Isabelle said she was concerned the Immigration Law would never be passed given the number of bills being discussed in the House.

Juliani Wistarina Luthan, an Indonesian citizen who has been married to a Japanese man for 15 years, thanked the government and the House of Representatives (DPR) for passing the “reformist” law.  She said her husband would no longer need to extend his Kitas.

Marissa said she and her foreign-born husband were happy with the law.  “Because we don’t have children yet, this is definitely going to be good for their future. Instead of their nationality being decided for them by default, now they have their own voice.”  She said her husband would also be spared the “hassle” of having to renew his temporary residence permit (Kitas) every year.  She said she was pleased the DPR had finally done something right.

Fahri Hamzah, deputy chairman of House Commission III, which hammered out the law together with the Ministry of Justice and Human Rights, described the passage as a “breakthrough.”  House Deputy Speaker Priyo Budi Santoso described the law as “monumental” and one of the most important pieces of legislation passed by the current batch of legislators.

The law grants permanent residency to the foreign spouses of Indonesian citizens after two years of marriage, requiring them to report to the Immigration Department once every five years.  The law also allows foreign spouses to remain the country if they are divorced after ten years of marriage. They can also work.

Minister of Justice and Human Rights Patrialis Akbar said the law allowed children from mixed marriages permanent residency even after the age of 18.  “ We want to give protection to Indonesian citizens and their foreign families and relatives. They are the children of Indonesia. Their [foreign] wives and husbands are part of our extended family,” he said.  Patrialis said the law also meant that foreign investors could now gain permanent residency after three years, down from the current five.  The law goes into force in a maximum of 30 days, he said.

The law contains no details about property ownership, which is still being debated under a separate bill.

Democratic Party of Struggle (PDI-P) lawmaker Eva Kusuma Sundari told the Jakarta Globe that Citizenship Law provided the legal framework for foreigners wishing to become Indonesian citizens.

Julie Mace, a representative of the International Rainbow Alliance and the Indonesian Mixed Marriage Society, said they would wait to see how the law was implemented in the field.  She said she hoped that the concerned government ministries would implement the law, particularly the rights of foreign spouses to work in the country.

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UPDATE:   Editorial posted on the JakartaGlobe April 9, 2011

In a historic decision this week, the House of Representatives passed landmark legislation that will go a long way toward protecting Indonesian families and strengthening society as a whole.


In any society, the family is the building block for a strong foundation. If families struggle to stay together, society will be weak and, in turn, the nation will be vulnerable. The inverse is true if families can stay united.

The legislation that passed on Thursday allows foreign spouses of Indonesians to live here without having to apply annually to renew their permits. Such permits cost money and, though normally approved, add a certain amount of tension in families.

By removing this uncertainty and treating foreigners who choose to live here and build their lives here as part of the larger Indonesian family, the law will help to strengthen the social fabric. It will make each of us stronger individually while uniting us as a whole.

The law is an important first step in a long process. The issue is not whether foreigners married to Indonesians are allowed to work and live freely here, it is about our attitudes; about our willingness to engage with the world and about our commitment to support and protect all Indonesian families.

The next logical step must be to allow foreign nationals married to Indonesians to acquire property in the country. According to lawmaker Eva Kusuma Sundari , the House will deal with this issue in the upcoming revision of the Agrarian Law.

We urge legislators to move quickly on this piece of legislation and provide the peace of mind that all Indonesians family deserve. By being allowed to own property, not only will they be assured of having a roof over their heads, they will sink even deeper roots in this country, which will ensure further stability for the family unit.

We have made significant progress in what has been a long journey, but it is not yet over. More can and must be done to ensure that every individual who chooses to make this country their home feels truly welcomed and made to feel a part of society. If we can achieve this, it will enrich us enormously.