Update on changes to Indonesian law regarding mixed marriages and other issues

[wm]

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.

[atlantis]

The excitement on Facebook regarding approval of the new laws is premature!

Indeed, it is.

[blakep]

Maybe I'm out of the loop. What's the gist of original law and the changes to them?

[travellingchez]

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/

[atlantis]

They want to change it so that WNA can get permanent residency if they are married to WNI.

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.

[waarmstrong]

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.

[nd_eric_77]

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.

That is what I was thinking... the current law allows WNA married to WNI to get a KITAP... but not to work. Gee, thanks!

[atlantis]

Maybe I'm out of the loop. What's the gist of original law and the changes to them?

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).

[Banana72]

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/

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? )

[Hombre de Maiz]

Yes, thanks. I am expected to nafkahi my family, yet I am not allowed to work.

[atlantis]

Yes, thanks. I am expected to nafkahi my family, yet I am not allowed to work.

There is a strong lobby for a change in the law, and to be honest I believe there is room for a positive outcome. Let's face it, have you ever meet with an Indonesian telling you that it would be unfair for foreign husband of Indonesian wife to be allowed to make a living in Indonesia?
From what I remember, in my ten years here, I think that I've met only once such d*ckh*ad. It was an immigration officer I had a heated chat with. He told me that we (foreigners married to a WNI spouse) will never be granted citizenship or a free right to work. He has been proven wrong for the former and I wouldn't be surprised that he would be proven wrong also for the latter. His argument was that if we would be allowed to become citizen or to work freely, we would be stealing all the potential indonesian wives from them!!! No kidding. It stunt me at the times and it took me several minutes to realize that he was not kidding. He was trully meaning it!
So far, I've discussed with thousands of Indonesian of various walk of life and I don't remember having heard anything coming close to it. That silly immigration officer has been my only unfriendly encounter on the topic of work. Around me, when I explain the existing law concerning foreign workers, people are puzzled and have a kind of "guilty feeling", a bit like the one people had before the implementation of the 2006 citizenship act which granted us both citizenship for our kids and a right to citizenship for ourselves should we want to.

A totally different position is adopted toward ownership of land though. That is a very different topic and nationalism concerning it is still way too strong. Most people I have interrogated will skip the topic to avoid to tell you that in their opinion, land should remain an indonesian matter. Working with no hassles however seem to be OK in almost everyone's mind. I don't think that my tukang bakso would ever see me as a potential competitor (though I cook some excellent food I promise).

The main problem, IMHO, is to fit such right in the frame of existing laws. If the legislators decide to go futher in the line of the citizenship law and grant more rights to mixed couple, they will have to amend several existing laws, governmental and ministerial regs and quite a few directorate will have headaches to solve. I can see a lot of joy ahead for the average lazy pejabat. I trully hope that the DPR will have the courage to amend the present draft before its voting. Such decision would have enormous consequences on a lot of other laws. If they decide to change it by introducing a right to freely work, it will however not be valid before a modification of the Manpower Act. The sole immigration law can not give us the right of work on the spot. It can only introduce it and it has then to be regulated with new regulations and amendment of existing one.

[K&M]

The loss of income to the country must be astounding.

If we take a look at places like Thailand, owning land can be done with difficulty, but ownership of a condeminium is relatively straight forward. I was even able to get a mortgage when I worked there.
A solution that cannot be so difficult to implement surely.

Malaysia takes it one step further with not only rights to buy property ( within certain sensible restrictions ) and also activly encourages people to move there, assisting with paperwork to ease the new people in.

[bule_gila]

This news comes as a relief to me, since i am married to an indonesian wife. We should have the right to free work, as this is implimented in almost every country in the world. Indonesia is the first and only country I have visited that states a man can marry a Indonesian wife, get "residency", but CAN'T WORK in said country. Hmmm...I wonder what impact this will have in other aspects to life. If this law is passed, applications for KITAS will drop, foreign men will be able to work with more than one company (I'm assuming), since we wouldnt be bound to the laws regarding KITAS. They better inact the $50,000 USD "Dowry" for indonesian women who wish to marry foreign husbands quickly because we will see a lot of temporary marriages of convenience LOL!

[atlantis]

@bule_gila. Permanent residency has nothing to do with citizenship. We will be bound by all the stipulations concerning KITAS/KITAP.
Another aspect to consider is the salary. Will foreigners residing in Indonesia be paid "expats" salaries when in competition with an Indonesian? Will they be willing to work for a local salary? will the market able to absorbe these workers?
Be also aware that the stipulations will very certainly not concern foreign investment. A PMA will remain a PMA with all its obligations.

[Hombre de Maiz]

I am only seeking to honor "deeply held beliefs", you know, for my wife can legally and credibly sue for divorce if I don't beri nafkah during three (I gotta check that figure) months. What do you think, Injun? Are we dealing here with a case of systemic state divorce bias?