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.
