I'm trying to get a KTP OA, but clearly the first hurdle is the KK.
I went to the Kantor Catatan Sipil in Denpasar and spoke to the head of the KK and KTP section about the procedure for getting first a KK, and then subsequently a KTP OA. She was a charming, friendly, intelligent and erudite lady who certainly knew, and was able to discuss and explain, the rules under which she felt she had to operate.
She explained the following rules about KKs, that she said applied in Denpasar (NB all the foregoing relates to KITAP holders only - we did not discuss KITAS holders at all):
1. A WNA is not allowed to be the head of the household (Kepala Keluarga) on a KK. Only a WNI may be the Kepala Keluarga on a KK.
2. A WNA can only appear on a KK where a WNI is the Kepala Keluarga.
3. In the event that a house (an address) has no WNI living there, then that house/address cannot be issued with a KK.
4. If a WNA lives in a house (at an address) where there is/are no WNI in residence, then the only way the WNA can get a KTP OA is to first appear on the KK of some friendly obliging WNI, such as one's Penjamin or Sponsor or friend, even if they live at a different address.
She immediately conceded that attempting to use no.4 above would result in the address shown on the KK, and so also shown on the KTP OA, being different to the address shown on the KITAP, Blue Book, STM and SKLD etc. She was unable to offer a way out of this paradox.
I'm sure that these rules, that she feels she has to follow, must be wrong, but I lack the detailed rules and regulations to show her how it should be handled.
I have studied UU No.23 2006 Tentang Administrasi Kependudukan, but it doesn't seem to help. Is it the latest most up-to-date UU? I can't find anywhere where it refers to whether a WNA with a KITAP may, or may not, be the Kepala Keluarga.
Pasal 62 (1) only says that a WNA OA may only appear on 1 single KK. So, for example, one cannot be on a KK in Bali, and also in Jakarta and also in Medan etc......... at the same time - just one only.
Pasal 63 says that a WNA OA is obliged to have a KTP OA (even though it may be impossible to get in Denpasar!).
I have found this definition of a Kepala Keluarga in the Penjelasan Section at the end of the UU:
Pasal 61 Ayat (1)
Yang dimaksud dengan "Kepala Keluarga" adalah :
a. orang yang bertempat tinggal dengan orang lain, baik mempunyai hubungan darah maupun tidak, yang bertanggung jawab terhadap keluarga;
b. orang yang bertempat tinggal seorang diri; atau
c. kepala kesatrian, kepala asrama, kepala rumah yatim piatu, dan lain-lain tempat beberapa orang tinggal bersama-sama.
This does not specifically mention WNI or WNA, so this is all that is needed as the definition of a Kepala Keluarga? Perhaps it is. Does anyone know?
I would be grateful for any help with this. In particular to know if and how, in other parts of Indonesia, KKs are issued to KITAP holding WNAs who don't have a WNI as Kepala Keluarga.