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e-KITAP 'independant entrepreneur' meaning

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  • e-KITAP 'independant entrepreneur' meaning

    I have a wife sponsored e KITAP.

    since Nov 2019 I've been staying at home.

    Then in early June `21, a UK friend (based in Shanghai) asked me if I would be able to help / guide one of his Indonesian customers, who bought some machinery.

    also as this is an old friend, and I'm not working for the local PT, with no money changing hands, although they paid my hotel.
    The reason I agreed was that I was understanding the KITAP (spouse sponsored) permits as an 'independent entrepreneur' the right to support my family,
    As there was no income and only talking, surely this is within the rules.
    ​​​Purely a helping of a friend as we've known each other 30yrs.

    Seems, not, as Bandung Immigration visited the factory, I was "found" talking nearby machinery. (no hands on)

    Now, my e KITAP and UK Passport are with the officers.

    Wonder if anyone has had a similar situation, and, how it was finally resolved.





  • #2
    Originally posted by dt_bogor View Post
    (1) ...with no money changing hands...

    (2) ...I was understanding the KITAP (spouse sponsored) permits as an 'independent entrepreneur' the right to support my family,
    As there was no income and only talking, surely this is within the rules...

    (3) Wonder if anyone has had a similar situation, and, how it was finally resolved.


    (1) Any kind of work (even unpaid) is considered as such , except the ones related to doing business work under a Business Visa , like discussing/signing import/export contract .

    (2) Unfortunately the related Article of the Law is still not implemented by a Regulation , and non-officially your "independent entrepreneur" idea is not one of the accepted ways (according to what Manpower officials said once) to comply with the Law (as far as I understand) , although I have heard of many giving private lessons , for example . I guess what may be different in the officers' eyes is that a private lesson is usually small money , but working at a PT is potentially big money .
    The non-officially ways would maybe be :
    - you getting a "work permit" to add to your existing KITAS/KITAP , or
    - your Indonesian spouse seting up a small business (a consulting one , for example) , and you working informally for your spouse's business .

    (3) Fortunately we didn't hear of any case like yours , which may mean that probably you will not have a major problem .

    Comment


    • #3
      Hi Marcus,

      thanks for your earlier reply.

      At the moment, I now have the eKITAP returned to me, but, by UK passport is still held by Immigration, pending outcome.
      I've been asked thru WhatsApp to 'prepare for fine, and, deportation',  hopefully, this is only a kind of mind games, as we aren't really able to call them and ask the situation / latest status.

      I have one question concerning deportation (if it goes that far), usually are people deported to :
      1) home country / passport issuing country?  In my case would be UK, with all the problems concerning Red List Covid-19 , also no roots there.
      2) place of where my last entry came from, which was (in reverse),  Japan > USA > Honduras (it was a long trip home to Indonesia earlier this year)
      3) a place of my choosing, which I would choose to be USA, as I have family there, along with my ESTA would permit upto 90days without a visa

       

      Comment


      • #4
        Originally posted by dt_bogor View Post
        (a) ...to 'prepare for fine, and, deportation',...

        (b) ...usually are people deported to :
        1) home country...
        2) place of where my last entry came from...
        3) a place of my choosing...

        (a) I only have heard of deportation of foreigners working illegally (I think your case was not illegal due to Article 61 of the Law no.6 Year 2011) . Only deportation is more common because does not need to go to Court . Fine and deportation are only after a Court decision . If you go to Court , try to defend using this Law (see below) .

        (b) I am not sure , but I think they deport to the country that issued your passport (by the way , the foreigner must buy the flight ticket in order to be deported) .


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


        UU no.6 Tahun 2011
        Pasal 61
        Pemegang Izin Tinggal terbatas sebagaimana dimaksud dalam Pasal 52 huruf e dan huruf f dan pemegang Izin Tinggal Tetap sebagaimana dimaksud dalam Pasal 54 ayat (1) huruf b dan huruf d dapat melakukan pekerjaan dan/atau usaha untuk memenuhi kebutuhan hidup dan/atau keluarganya.

        Not an official translation :
        Article 52
        Limited Stay Permit is granted to:
        ......
        e. Foreigner who is legally married with a citizen of Indonesia; or
        f. childr of foreigner who is legally married to a citizen of Indonesia.

        Article 54
        (1) Permanent Stay Permit may be granted to:
        .......
        b. family because of intermarriage;
        .......
        d. Foreigner former Indonesian citizen and former child with dual nationality of the Republic of Indonesia.

        Article 61
        Limited Stay Permit (KITAS) holder referred to in Article 52 letter e and f, and the holder of a Permanent Stay Permit (KITAP) as referred to in Article 54 paragraph (1) letters b and d can work and/or do business to make ends meet to him/her and/or to his/her family.


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


        UU no.13 , Year 2003
        CHAPTER VIII - EMPLOYMENT OF FOREIGN WORKER
        Article 42
        (1) Every employer that employs foreign worker is under an obligation to obtain written permission from Minister .
        ....
        Article 185 (Criminal charges)
        (1) Every person who violates what is stipulated under subsection (1) and subsection (2) of Article 42, Article 68, subsection (2) of article 69, Article 80, Article 82, subsection (1) of Article 90, Article 139, Article 143, and subsection (4) and subsection (7) of Article 160 shall be subjected to a criminal sanction in jail for a minimum of 1 (one) year and a maximum of 4 (four) years and/or a fine of a minimum of Rp100,000,000 (one hundred million rupiah) and a maximum of Rp400,000,000 (four hundred million rupiah).


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


        UU no.6 , Year 2011
        Article 75 (Administrative charges)
        (1) immigration officers have the authority to apply "Administrative Measures" on a foreigner conducting dangerous and reasonably suspected to endanger security and public order or who does not respect or does not obey laws and regulations.
        (2) Administrative Measures Immigration as referred to in paragraph (1) can be:
        a. inclusion in the list of prevention or deterrence (black list);
        b. restrictions, changes, or cancellation of KITAS/KITAP;
        c. prohibition to be in one or a few specific places in the Territory of Indonesia;
        d. requirement to reside in a particular place in Indonesia Region;
        e. imposition of the burden of costs and / or
        f. deportation from the Territory of Indonesia.

        Article 122 (Criminal charges)
        Shall be punished with imprisonment of up to five (5) years and fined at most Rp500.000.000 (five hundred million rupiah):
        a. any foreigner who deliberately misuse or engage in activities not in accordance with the intent and purpose his/her the Visa/Stay Permit/e-ITAS/KITAS ;
        b. any person who ordered or provide opportunity for the foreigner to misuse or engage in activities inconsistent with intent or purpose of the Visa/Stay Permit/e-ITAS given to the foreigner.

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