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  • Divorce & Visa

    First of all, the title may be a little misleading. 
    My wife and I have been at odds for quite some time now. The topic of divorce had been thrown around by her many times initially. This year things came to a head and, being it was a valid Islamic marriage, I verbally gave her the Islamic divorce (twice). But the legal divorce in the court system has not been commenced as of yet. 

    We have two young children together, none of which have been registered with the American embassy. Therefore I do not desire to leave Indonesia for some time to come. 

    I have begun a new romantic relationship with another Indonesian woman closer to my age who lives outside of Jakarta. She is fully aware of the situation. I told her to be patient as I find the best way to proceed with the legal divorce in court. What I'm worried about is my KITAB (or visa in general) once the divorce process begins and/or becomes finalized. I already have some non-related legal issues that most likely could at the very least affect my KITAB, so I have that to face as well. But from what I know, based on some new laws, I should not get deported because of the legal issues, due to my having children who are Indonesian. 

    The divorce issues I can most likely handle. But what I'd like to know is what immediate ramifications concerning my visa do I face once the divorce is finalized? And if immigration would want to cancel my visa, will I be forced to leave Indonesia right away, or will I be given a grace period?

    My concern stems from the fact that I don't have any money left to even leave Indonesia unless I get help from friends or family. This problem comes directly from my legal issues. Thanks to anyone who can guide me and/or help me in this matter. 

  • #2
    Originally posted by RussellDrake View Post
    ... What I'm worried about is my KITAB ... what I'd like to know is what immediate ramifications concerning my visa do I face once the divorce is finalized? And if immigration would want to cancel my visa, will I be forced to leave Indonesia right away, or will I be given a grace period?...

    The answers are dependent on the Stay Permit you have now . Is it an one year KITAS or a 5 years KITAP ?

    Comment


    • #3
      Originally posted by marcus View Post


      The answers are dependent on the Stay Permit you have now . Is it an one year KITAS or a 5 years KITAP ?
      It is a 5 year KITAP (sorry, misspelled it above). I got it in the beginning or middle of 2015. And next year I am eligible for Indonesian citizenship (which I haven't decided whether or not I'm going to change my citizenship or not). If it seems my life would be better as Indonesian citizen, then maybe I will do that. But if it ends up being too much hassle, then I'll think of something else. 

      Comment


      • #4
        So in relation to divorcing with a KITAP you may face 2 different situations depending on how long you have been married :

        (1) If you have been married for more than 10 years then you probably will not lose your KITAP .

        (2) If you have been married for less than 10 years then you may lose your KITAP (have to leave Indonesia within around 60 days from the issuance of the divorce certificate and return with a short visit visa - Social Cultural Visa for example) , unless you find a relatively rich sponsor to substitute you ex-wife sponsorship or you marry again with an Indonesian within 60 days (in this Forum there were some 2 or 3 cases where the substitute sponsor was not accepted and the KITAP was cancelled) .


        ---------------------------------

        PP no.31 , year 2013
        Article 162
        (1) For mixed marriage that has lasted 10 (ten) years or more, a Permanent Stay Permit obtained due to legal marriage shall remain valid although his/her marriage has ended due to divorce and/or upon court decision.
        (2) Holder of the Permanent Stay Permit as contemplated in clause (1) shall have a sponsor who has an Indonesian citizenship.
        Article 163
        (1) For mixed marriage that lasts less than 10 (ten) years, Permanent Stay Permit obtained due to legal marriage shall remain valid although his/her marriage has ended due to divorce and/or upon court decision in case of the foreigner concerned has a sponsor.
        (2) Sponsor as contemplated in clause (1) shall constitute an individual who has an Indonesian citizenship.
        (3) Guarantor as contemplated in clause (2) shall be submitted to Immigration Office where its service area covers the residence of foreigner within the maximum period of 60 (sixty) days as of date of divorce deed is issued.
        (4) In the event that such foreigner present no sponsor within the period as contemplated in clause (3) then such Permanent Stay Permit shall be invalidated.

        ----------------------------------

        UU no.6 , year 2011
        Article 63
        (1) Some foreigners residing in Indonesia must have a sponsor that guarantees its existence.
        (2) the sponsor is responsible for the existence and activities of the foreigner who live in Indonesia and the duty to report any change in civil status, immigration status, and address changes.
        (3) Sponsor shall pay the costs incurred to repatriate or release his/her responsibility concerning :
        a. expiration of the valid residence permit and / or
        b. the foreigner is subjected to Deportation.
        (4) The provisions concerning the guarantee does not apply to foreigners who are legally married with a citizen of Indonesia.
        (5) The provisions referred to in Article 62 paragraph #(2) letter g does not apply in the case of a Permanent Stay Permit holders are broken up his marriage to an Indonesian citizen to obtain assurance that guarantees its existence as referred to in paragraph (1).

        # : (2)g. marital breakup of a foreigner who was married legally with an Indonesian (divorce and / or the court's decision) for marriage that have been aged 10 (ten) years or more.

        Comment


        • #5
          Hi, I am new to this forum and signed up because I am now going through a divorce with my Indonesian (ex) husband.
          I was wondering if anyone could give me any details of their own experience with the legal proceedings? I have spoken to a lawyer but he has said there is 6 weeks of mediation and multiple court appearances, I also need a lot of concrete proof of the issues in the relationship. Is it all really this hard? Is it because I'm the woman? or a foreigner? Is there any easier way to get through this?
          Thanks for any help!

          Comment


          • #6
            Originally posted by RubyRuby View Post
            (1) ... I was wondering if anyone could give me any details of their own experience with the legal proceedings?

            (2) ... a lawyer ... has said there is 6 weeks of mediation and multiple court appearances, I also need a lot of concrete proof of the issues in the relationship. Is it all really this hard?

            (3) Is it because I'm the woman? or a foreigner?

            (4) Is there any easier way to get through this?

            (1) Is it a Muslim marriage (marriage through KUA) ?

            (2) From my experience of a Muslim divorce , it depends on if both wife & husband agree or not . See below the conditions for a divorce .

            (3) From my experience , if there is no agreement , I think it is harder if the wife filed for the divorce . I don't think being a foreigner is relevant , unless maybe if you have children together .

            (4) I don't know .


            http://www.livinginindonesiaforum.or...079#post264079 (post no.5 , reasons for divorce)

            http://www.livinginindonesiaforum.or...nt-of-marriage (laws related to divorce , abuse ,.)

            http://www.expat.or.id/info/divorce-...indonesia.html (about divorce)

            http://www.livinginindonesiaforum.or...Marriage/page2 (Muslim divorce - children with father if mother not Indonesian)

            Comment


            • #7
              Thanks for the links. Its a Christian marriage and we dont have any children.

              Comment


              • #8
                Although there are 2 Courts for divorces , I guess there are not much differences of the procedures (you can search the internet for something like : proses perceraian di Pengadilan Negeri . Can translate at Google Translate if necessary .

                There will be conciliation meetings and if you 2 don't agree , it will take a long time (and I guess that without an agreement you may end without a divorce) .

                Comment


                • #9
                  Originally posted by melly
                  (A) ... some other member mentioned that sponsor can be his ex wife ...

                  (B) I just read .. that the undang undang said must file a report of his or her civil status after the divorced finalized. (there is a fine for failed to report) ...

                  (A) Yes , if the ex-wife/husband is Indonesian and comply with the Article 63 of UU no.6 year 2011 .

                  (B) Fine or time in jail according to Article 116 of UU no.6 , year 2011 , if Article 71 is not complied (see below) within 60 days . Surprisingly it is considered a crime .

                  Note : The 60 days requirement was defined recently in Article 3 of JukLak IMI-GR.01.13-3849 Tahun 2016 (my copy cannot be copied/pasted , so interested people search for a copy in the internet) .


                  -------------------------------------------

                  UU no.6 , year 2011
                  .....
                  Article 63
                  (1) Foreigners residing in Indonesia must have a sponsor that guarantees its existence.

                  (2) The sponsor is responsible for the existence and activities of the foreigner who lives in Indonesia and has the duty to report any change in : civil status, immigration status, and address change.

                  (3) The sponsor shall pay the costs incurred to repatriate the foreigner or release the foreigner's warranty at/when :

                  a. the expiration of the valid residence permit and / or

                  b. the foreigner is subjected to Immigration Administrative Measures and Deportation.

                  (4) The provisions concerning the warranty does not apply to foreigners who are legally married with a citizen of Indonesia.

                  (5) The provisions referred to in (1) above does not apply in the case of a sponsor of the Permanent Stay Permit holder who breaks up his/her marriage with an Indonesian citizen after 10 or more years of marriage .


                  -------------------------------------------


                  UU no.6 , year 2011
                  .....
                  Article 71
                  Each Foreigner residing in the Territory of Indonesia shall:
                  a. provide all necessary information regarding the identity and / or their families, and report any changes in civil status, nationality, occupation, Guarantor, or a change of address to the local Immigration Office; or
                  b...
                  .....
                  Article 116
                  Each Foreigner who do not perform his/her obligations as stipulated in Article 71 shall be punished with a maximum confinement of 3 (three) months or a fine of up to 25,000,000, 00 (twenty five million rupiah).
                  Last edited by marcus; 21-07-18, 17:17.

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