Reply With QuoteIndeed, it is.Originally Posted by wm
Update on changes to Indonesian law regarding mixed marriages and other issues
An update from a friend that is involved in this process:
The excitement on Facebook regarding approval of the new laws is premature!
There was a meeting between the DPR's committee and government representatives to discuss the Immigration Bill on Sunday and Monday (3-20-21).
Some members of Tim Advokasi Perkawinan Campuran were present but were not allowed to be inside the meeting room. So far we have received some hints but have not seen the document.
It is being discussed by the Timus (formatting sub-committee) at the DPR tonight (3/25). It still needs to be approved by the Minister and hopefully will be passed at the plenary session of parliament on 5th April.
We hope that the content will meet our needs but this is not yet sure. I would like to stress that this is not the end of the struggle! We still need to follow up the implementing regulations (Peraturan Pemerintah and Peraturan Menteri) and this will take another 18 months after the passing of the bill.
There will be an official report from Tim Advokasi Perkawinan Campuran soon.
Last edited by atlantis; 09-04-11 at 09:58. Reason: Enlarging the scope of the title
Indeed, it is.
Torang samua basudara
Kami harus melakukan sesuai dengan persyaratan dan peraturan yang berlaku untuk Indonesia lebih baik.
Please, only moderator related questions (and fun stuff) by PM. Kindly post law related questions to the public forum so that answers can help the whole community.
Maybe I'm out of the loop. What's the gist of original law and the changes to them?
They want to change it so that WNA can get permanent residency if they are married to WNI.
This article that was posted about it today poses some interesting questions about how it may be implemented and the issues that need to be addressed. http://sosbud.kompasiana.com/2011/03...ari-tanah-air/
They (we) already can have permanent residency (Izin Tinggal Tetap) since 2007 and the PerMen nomor M.01-IZ.010 tahun 2007. The real issue is about working and how to adapt a right to work in the existing frame (Manpower Act and Investment law for example). A serious headache and there is not much legal possibilities. That is a very interesting legal question. There was a rapat in my Kantor Imigrasi yesterday about the new Immigration Law which should be voted in the next 15 days. A few kepala dinas (nakertrans among others) were invited. The draft of the law is publicly known but recent changes concerning crucial points may (or may not) be under discussion. I've tried my very best to get infos but everyone seem to be willing to keep secrecy on the discussions and meetings.
Torang samua basudara
Kami harus melakukan sesuai dengan persyaratan dan peraturan yang berlaku untuk Indonesia lebih baik.
Please, only moderator related questions (and fun stuff) by PM. Kindly post law related questions to the public forum so that answers can help the whole community.
Secrecy might be a good sign, indicating that the change is politically sensitive in this often anti-foreigner climate. If the contents were made public it could generate a storm.
That is what I was thinking... the current law allows WNA married to WNI to get a KITAP... but not to work. Gee, thanks!They (we) already can have permanent residency (Izin Tinggal Tetap) since 2007 and the PerMen nomor M.01-IZ.010 tahun 2007. The real issue is about working and how to adapt a right to work in the existing frame (Manpower Act and Investment law for example). A serious headache and there is not much legal possibilities. That is a very interesting legal question. There was a rapat in my Kantor Imigrasi yesterday about the new Immigration Law which should be voted in the next 15 days. A few kepala dinas (nakertrans among others) were invited. The draft of the law is publicly known but recent changes concerning crucial points may (or may not) be under discussion. I've tried my very best to get infos but everyone seem to be willing to keep secrecy on the discussions and meetings.
The actual Immigration Act (Undang-Undang nomor 1992 tentang keimigrasian) is an outdated text, written in the early 90's at a time the world and immigration flux were very different. It is the spinal cord of all immigration regulations such as governmental regulations, ministerial regulations or DitJenim decrees and decisions. Over the years the governments have slightly tried to deal with its numerous pitfalls and lack of clarity but many areas are not properly dealt with. There is now 6 or 7 years that a "new" immigration law is discussed and there is very good chance that the bill is passed by the DPR early April. After being voted, the new UU will have be legalized by SBY in the next 30 days. After being legalised, a new set of Peraturan Pemerintah (Governmental regulation) will have to be enacted to address the various section of the new law (Visa/izin Masuk, alien supervision/control (pengawasan orang asing), passport RI and travel document...etc. That is a lot of work. After these new Peraturan Pemerintah get enacted, a new set of Ministerial decision will have to be drafted to fix the guidelines of each sections. Then will come the time for socialization of the new set of law & regs.
I have read the successive drafts. In my opinion, the new Immigration Act may improve a few things because it incorporates all the amendments made to the existent regs and clarify a lot of areas such as investigation and sanctions. It is also in line with the improvements brought by the 2006 Citizenship Act.
People has to be aware that the new Act will be much more coercitive than the existing one. To be honest, with the existent one imigrasi had little legal power to deport and blacklist people or even to investigate sponsors. With the new Act, the sponsors will be responsable for the foreigner's actions on all counts: civil and penal. It may be time for some to reconsider their sponsors and sponsorees.
Most pejabat who have also read the coming law, praise the investigation/sanction chapters. The last draft of the law I've read was including 136 articles in 13 chapters. The existing law only has 68 articles divided in 11 chapters.
In the draft, we have:
Chapter 4: PENCEGAHAN DAN PENANGKALAN (quarantine & blacklisting) comprises 13 articles
Chapter 7: PENGAWASAN KEIMIGRASIAN (immigration control) comprises 25 articles covering detention, deportation, intelligence...etc
Chapter 8: PENYIDIKAN (investigation) comprises 9 articles
Chapter 9: KETENTUAN PIDANA (Criminal provisions) comprises 23 articles.
These 4 chapters were covered by only 38 articles in the existing law. Needless to say that it is much more detailed and should bring a bit more transparency (though along with more coercitive power for the pejabat imigrasi).
Last edited by atlantis; 25-03-11 at 15:12.
Torang samua basudara
Kami harus melakukan sesuai dengan persyaratan dan peraturan yang berlaku untuk Indonesia lebih baik.
Please, only moderator related questions (and fun stuff) by PM. Kindly post law related questions to the public forum so that answers can help the whole community.
Hey can we throw in 'able to own a land' into the request? (yes I want fries with that too!) LOL
Heck, I'll pay a bit more than the standard 20% foreign tax....just give me my damn SHM and my permanent residency! lol
(too much to ask?)
Yes, thanks. I am expected to nafkahi my family, yet I am not allowed to work.
I plead guilty as charged; I know nothing about Indonesia. Can we get back to the issue at hand now?
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