Mixed-Nationality Marriages (UU 6/2011)

Below is an article appearing in the Jakarta Post which gives an update on implementation of the new immigration law which affects foreign nationals living in Indonesia who are married to an Indonesian citizen with regard to obtaining either a temporary visit Visa (KITAS), or a permanent residency status or "PR" (KITAP), and also the right of a foreign national who is married to an Indonesian to work in Indonesia.

For a digest of other articles and background relating to this issue, please see my previous articles:

• http://brianindonesiaexpat.blogspot.com/2011/01/foreign-spouses-married-to-indonesian.html

• http://brianindonesiaexpat.blogspot.com/2011/03/transnational-mixed-marriages-property.html

• http://brianindonesiaexpat.blogspot.com/2011/04/indonesian-expatriate-spouses-new.html

• http://brianindonesiaexpat.blogspot.com/2011/10/update-on-new-immigration-law-pr-kitap.html

• http://brianindonesiaexpat.blogspot.com/2012/01/indonesian-mixed-marriage-couples-right.html

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Indonesian Mixed-Marriage Society (PerCa) chairwoman Melva Nababan told The Jakarta Post on Saturday that the government should immediately issue an implementing regulation (PP) and technical guidance for Law No.6/2011 on Immigration; so, any Indonesians in mixed-nationality marriages would no longer face problems regarding their marriages.

She said the PP should have been issued one year at the latest after the government replaced Law No.9/1992 on Immigration with the new immigration law issued in May 2011.

“In the absence of a PP that contains both implementation and technical guidelines for the new immigration rules, many immigration officials in the field still refer to the outdated regulations in dealing with problems related to mixed-nationality marriages,” Melva said.

Unlike the old law, the 2011 Immigration Law gives recognition to marriages between Indonesian citizens and foreign nationals.

“The existence of foreign nationals in Indonesia either to work or through marriage to an Indonesian national has been acknowledged,” said Melva.

In fact, she said, many mixed-marriage couples still found difficulties in obtaining temporary stay permits (Kitas) and permanent stay permits (Kitap) from the Immigration office due to the absence of the PP.

A lawyer from Prasetio Erawan & Partners, Deny Hariyatna, said the 2011 Immigration Law clearly stipulated that any foreign national married to an Indonesian had a right to live in Indonesia.

“Any foreign national who is married to a person with Indonesian citizenship for more than two years is allowed to permanently stay in Indonesia,” said Deny. (ebf)