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Thread: Kartu Keluarga (KK) for WNA with KITAP

  1. #1

    Default Kartu Keluarga (KK) for WNA with KITAP

    Does anybody have the up-to-date actual rules and regulations pertaining to the issuance of a Kartu Keluarga (KK) to a foreigner holding a KITAP?

    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.

    Thanks!

  2. #2
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    Interesting post Alex, tongue in cheek, you might contemplate a trip to downtown Cibinong or Bogor where the process for getting a KTP and KK are relatively simple on a KITAP sponsorship.

    You do not say but I am taking a guess that you are not married to an Indonesian lady and so hence not living with an Indonesian wife AND the Law may be interpreted differently on that basis whether you are legally entitled to a KK. In other words, if you do not live with an Indonesian person, you cannot have a KK. Is that what the Catsip lady is telling you? I do not think you can be denied your KTP. As we have covered on other topics, it is inconceivable that the Law is different in a different province of Indonesia, it is merely a matter of interpretation is most cases.

    Following Atlantis guidelines, my wife holds a KK listing my child and I have a separate KK for the same address supported by my KTP. The 'catch' may certainly be if living at an address with people with whom you are not married and who are not Indonesian but it seems far from logical.

    Not sure why as a foreigner you would want or need a KK if no Indonesian (or other person) living with you and you are issued with a KTP WNA?
    Last edited by mrcibubur; 17-07-13 at 19:54.

  3. #3

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    Quote Originally Posted by mrcibubur View Post
    Interesting post Alex, tongue in cheek, you might contemplate a trip to downtown Cibinong or Bogor where the process for getting a KTP and KK are relatively simple on a KITAP sponsorship.

    You do not say but I am taking a guess that you are not married to an Indonesian lady and so hence not living with an Indonesian wife AND the Law may be interpreted differently on that basis whether you are legally entitled to a KK. In other words, if you do not live with an Indonesian person, you cannot have a KK. Is that what the Catsip lady is telling you? I do not think you can be denied your KTP. As we have covered on other topics, it is inconceivable that the Law is different in a different province of Indonesia, it is merely a matter of interpretation is most cases.

    Following Atlantis guidelines, my wife holds a KK listing my child and I have a separate KK for the same address supported by my KTP. The 'catch' may certainly be if living at an address with people with whom you are not married and who are not Indonesian but it seems far from logical.

    Not sure why as a foreigner you would want or need a KK if no Indonesian (or other person) living with you and you are issued with a KTP WNA?
    Hi Mr Cibubur,

    Firstly, in my opinion, I do not actually think I really need either a KK or a KTP OA. In all the many years I've been living here in Bali, right up to today, I've haven't had either a KK or a KTP OA and have never been asked to show them. Over the last few years I've been visited twice by the joint inspection teams drawn from Police intel, Immigration, Catatan Sipil, village policeman BIMAS and village kepala keamanan doing routine checks on foreigners. They've been perfectly happy just to see passport, KITAS/KITAP and STM - that's all they asked for. They were clearly not aware of the the law (Pasal 63 of UU No.23 2006 Tentang Administrasi Kependudukan) which says I am obliged to carry a KTP OA.

    I didn't even know about the KTP OA until I started reading this website a couple of months ago, so I thought I'd find out about getting one.

    But, the only way I can get a KTP OA, according to the head of the KK and KTP section at the Catatan Sipil, is to have one with a fake address! The "fakeness" being that it would be someone else's house where I don't live!

    You've guessed right about me, there are no Indonesians living in my house, other than my mouse-chasing cat, and she refuses to get involved in this.

    Thanks for your comments - it's seems that a trip to Cibinong is the only option!
    Last edited by alex margou; 18-07-13 at 08:22.

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    My guess is that even Cibinong would apply the same letter of the 'law' on this issue as much as Bali, if only because you do not live with an Indonesian and only an Indonesian can be the 'Head' of the family for KK purposes. Sure, you can 'adopt' a different address for the purposes of getting the KK but then you must change the address for STM, SIM and of course the blue book at Immigration, so it is simply not worth it, and a future check would reveal that you do not ACTUALLY live there.

    I would get the KTP WNA as per your entitlement, Alex, and wait the moment in time when you 'join the Club' so to speak and create a family, thereby entitling you to have a KK.

    What if you lived with an Indonesian child (for example your child from a previous relationship) who was still under 18 years, what would the scenario be? This was a situation which could have happened to me, had t been given custody of my kids following the divorce in 2009, who were both under age 18 and dual nationality.

  5. #5

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    Thanks again Mr Cibubur.

    You are right that I don't really have to get the KK now (or even ever, as I have said that I don't really see the need for it in my case). Of course the option of faking the address is just ludicrous and out of the question.

    I'm happy to follow your advice and try to " ... get the KTP WNA as per ... entitlement ..." but how is that to be done? If I go down to the Catatan sipil and ask for a KTP OA won't they just say "KTP OA? Certainly, sir! May we see your KK please?"

    I'm beginning to feel a bit like the "Oozle-Woozle bird"!

    But I'll give it a go, maybe next week, just for fun!

    Cheers!

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