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  • Overstaying Almost 2 Years

    I did read a today's post about a person who was asking advice as he/she overstayed almost 2 years . I don't know why the post disappeared , but anyway I will try to inform what I know about :

    a) A few successful cases here in the Forum suggest that one should buy a ticket home and go to the airport before the flight (around one day) and surrender to the Immigration officers there .

    b) Usually Immigration officers will try to find out if the foreigner commit crime(s) during his/her stay in Indonesia . So depending on how the officers feel about your story , they may retain you for a lot more than one day . So don't be impatient if the officers retain you for many days as they have the right to retain you for up to 10 years (see Regulation below) .

    c) I guess it would help to bring/show documents/bank account proving money coming from abroad , to corroborate the story you will tell to the officers .

    d) Be careful about what you say and be calm , humble , and respectable .
    Any kind of work done in Indonesia without a Work Permit + Work Visa/KITAS will be considered illegal working , a criminal act (see Article 122 below) .
    Anyone who helped you knowing you were in this situation can be in big trouble too .

    e) Bring water and something to eat , for the long interrogations .

    f) Inform your Embassy of the day you are going to talk to Immigration/date & flight hour ,

    g) Bring a cell phone to contact your Embassy or somebody else .


    www.expat.or.id/info/overstayingyourvisa.html (about overstaying)

    http://www.livinginindonesiaforum.or...g-advice/page6 (very detailed case of a deportation)


    Here are the affected part of the Law :

    UU no.6 year 2011
    Article 78
    (1) Foreigners with expired Visa/Stay Permit still in Indonesia for less than 60 (sixty) days after the limit date will be fined in accordance with the provisions of legislation (Rp1 million per day according the new PP no.28 year 2019)

    (2) Foreigners who do not pay the cost burden referred to in paragraph (1) will be subjected to Administrative measures of Immigration Deportation and Blacklisting.

    (3) Foreigners with expired Visa/Stay Permit still in Indonesia for more than 60 (sixty) days after the limit date will be subjected to Administrative Immigration measures of Deportation and Blacklisting.

    .................


    Article 122
    Shall be punished with imprisonment of 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 of the Visa/Stay Permit given to him/her ;

    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 given to him/her .


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


    PP no.31 year 2013 (implementation of UU no.6 year 2011)
    Article 214
    (1) Detention of a foreigner will occur when the foreigner wait to be deported.

    (2) In the event that the Deportation as contemplated in clause (1) is waiting to be executed, such detention can be extended for
    up to 10 (ten) years.
    Last edited by marcus; 07-12-19, 14:08.

  • #2
    Hi @marcus, i had read all post about one overstay in this forum and realize that you and Atlantic is both have knowledge about this. My this case is I from Vietnam. At Sea 2016 I travel come Indonesia to see my boyfriend at here. At that time I just 18 years old, after have some trouble with family, I choose leave and come here to meet my boyfriend ( we know each others from facebook). Bad things is I was not report with police my existence and my boyfriend knows it but don't tell me too. I just so so stupid think that I can leave whatever I want. But now I miss my family, I try to connect them and I want go back Vietnam. But I don't want my boyfriend will be trouble. And maybe after I tell him that I want back home, he will break up with me and run away ( I had do it before, but after hear I can be jail so I stop that plan). All the time I am in Indonesia, almost is I just stay at home and it was happened for more than 3 year. I don't want this life anymore so I choose connect with my family and they need time for prepare to come here and help me. I just want ask what the story I should tell the people at immigration office? I don't want my boyfriend have trouble ( because we will break up after my family come here and take me). I don't know how to tell to the immigration office when they ask me.
    I don't know why my post always unapproved.
    Hi everyone, i know about this forum 3 days ago when i find some advise about long overstay. sorry my English is not good enough. I need advice. I am girl from Vietnam(21 years old) and I was overstay in Indonesia for 3 year ( exactly I came here at SEP 2016). After I had fight with my mom, I leave home and come here to meet my boyfriend (we know each other from facebook), at that time I just 18 yeahs old and with me it is the first trip. After meet him, we had a small trip around Jakarta before come back his home. And after I came his home, I never go out again( because he said that I will be jail if the police find out me). At that time, my passport was overstay for 3 months and was damaged the stamp (so I really fear and do anything bf tall me)...i still live with him until now, I miss my family and want to come back Vietnam.

    but unlucky, he will break up with me if I choose leave(i had some talk with him, ask him about if I tell my family about my situation, I was 3 years not call back for them and I really miss them. Then he said he will break up with me if I try to tell my family then kick out me from Home! I was so much fear because at there I don't know anyone and don't have money to go out). but after 3 years we live together and saw what he will do if I try to connect my family make me disappointed and choose I need leave that guy.

    -I use a secret way and connected with my family and now wait they come here(maybe need 1 month or more). My plan is I will go with mom after she come to take me out, then I will go to the embassy to replace my passport (it was damaged the stamp) then go to the immigration office (KaIm kelas 1 kusus) to report myself. But problem is my boyfriend will not be with me to come KaIm (he don't want have big trouble with new law about WNI will be jail if help WNA overstay) and I don't want give him trouble too. I just hope that the immigration will let me go soon as soon even if my name in blacklist.

    -I need some advice . I had read many old post about this case and know in this forum atlantis and marcus are who have knowledge about this. Hope they can reply me.
    - I don't have any things can explain how I managed financially ( because my bf is people do it). I am always stay at home. And if I go to KaIm and tell the truth, they maybe will detain me and find him. It will take more long time because my boyfriend said that when my family come here to meet me, he will leave too(or maybe run away?!?)
    ....i so so confused . What should I do now? I repent for all

    Comment


    • #3
      Originally posted by Hamonajiwa View Post
      (1) ... Bad things is I was not report with police my existence ...

      (2) And maybe after I tell him that I want back home, he will break up with me and run away ...

      (3) I choose connect with my family and they need time for prepare to come here and help me.

      (4) I just want ask what the story I should tell the people at immigration office? I don't want my boyfriend have trouble ...

      (1) Your problem was/is with Immigration , not the Police . Before 2013 , the Indonesian person who hosted a foreigner should have to report to the Police , but not anymore .

      (2) I am sorry that your boyfriend is that kind of person . He should take the responsibility to help you in this situation .

      (3) I think your family coming here can only give you emotional support , so unless your family is rich I think their presence here is not worth .

      (4) The way I see your case , I think that the best way is if you tell Immigration that you lived all this time with your boyfriend and was financially supported by him .

      Read about a case in the second reference in my post 2 above .
      Last edited by marcus; 12-12-19, 19:21.

      Comment


      • #4
        Thanks for your reply, I had read about a case in the second reference in your post. But unlucky for me, my case different.
        -Sadly, I don't have money to buy tickets or pay for the fine when I go to KaIm so I still my family come here to support for me.
        -And about him (my boyfriend) I think he will not go with me, maybe he just disappear. Because he is a business man and I guess he never want have trouble with his name. So exactly I don't have anyone (an Indonesian) can be my witness.
        - my passport was damaged. Do I need go to embassy first to replace it or take something like travel documents then go to KaIm? So KaIm will not detain me so long time to wait my embassy give vail passport.
        - you suggest my family stay away from this. What wrong? I means they will have trouble or because they go with me to KaIm will make immigrate detain me longer?!? To take some fine.
        I had read all old post from 2008-2011-2016 about overstay and now is 2019. I don't know when I go to KaIm will different or not. So confused .

        Comment


        • #5
          Originally posted by Hamonajiwa View Post
          (a) ... I had read about a case in the second reference in your post. But unlucky for me, my case different.

          (b) Sadly, I don't have money to buy tickets or pay for the fine when I go to KaIm

          (c) so I still my family come here to support for me.

          (d) my passport was damaged. Do I need go to embassy first to replace it or ...

          (e) I had read all old post from 2008-2011-2016 about overstay and now is 2019. I don't know when I go to KaIm will different or not. So confused .

          (a) You need to understand , does not need to be exactly the same . Instead of the wife of that person you have your boyfriend .

          (b) There is no fine to be paid ! But the ticket you will have to get it someway (for example , ask Immigration which date you could take the flight back home , then tell your family to buy the ticket in Vietnam and you take it just before the flight at the check in counter of the airline company in the Jakarta airport) .

          (c) You will be in the Immigration "jail" , you do not need anybody to support you . Who you really need is somebody (an Indonesian) who can tell Immigration that you did not work and did not do anything illegal , so Immigration can deport you quicker .
          Except if your family is rich , the emotional support you family could provide is not worth as usually the deportation process is not long .

          (d) Better you go to your Embassy first , do what is needed to get your passport ok and inform them about your problem (who knows they can help you a little) .

          (e) The Law changed in 2011 , but I guess even before 2011 things were not much different .
          Last edited by marcus; 12-12-19, 19:15.

          Comment


          • #6
            Originally posted by Hamonajiwa View Post
            Thank you so much for your advice. But I still have some questions... Sorry - if my boyfriend not go with me to KaIm to witness that he supposed to me when I stay in Indonesia? The immigration office will detain me longer to find out the truth.
            - if I just alone go to Kalm (after report my embassy and take some Vail documents). They will detain me in somewhere and at that time I need someone knows about my situation or just know about where I be 'jail' to help me out soon as soon. Who knows they will detain how long? As you say, maybe 10 years? So I need my family come here. At least they know where I am after go to KaIm.
            - and if in KaIm, they have ' a window solution ' maybe I will try. Trust me, I don't want give my family trouble too but I know I can't solve this problem myself.
            I don't have anyone in Indonesia can be witness for me when I go to KaIm. He refused to do it, he don't want have any trouble with the immigration office. What should I do now

            You said :
            (w) ... They will detain me in somewhere and at that time I need someone knows ... or just know about where I be 'jail' ...

            (x) Who knows they will detain how long? As you say, maybe 10 years? So I need my family come here ...

            (y) I know I can't solve this problem myself ...

            (z) he don't want have any trouble with the immigration office. What should I do now


            My opinion :
            (w) Anybody interested just needs to know that you are detained by Immigration and when you will need the flight ticket to go back to your country . For example , your boyfriend could at least hire somebody to be your "friend" and help you on that . Anyway , when Immigration is ready to deport you I think they will allow you to contact your family in Vietnam to buy your flight ticket .

            (x) As you see , the Law states that , if only a Visa/Stay permit overstay , you did not commit any crime . So they will only detain you untill they check if you did not do anything illegal . Immigration has no benefit in keeping you too long as it cost money to the government , so as soon as they make a superficial check they will want to deport you as soon as possible .

            (y) It is not a big problem and it is the Immigration job to solve it . You are innocent unless they find you commit something illegal . But you will have to give them some basic information , otherwise they cannot check anything . By this I mean , you will have to have to tell them something , like where did you live , who supported you financially , ... Nobody else can help you except you yourself and your boyfriend .

            (z) You and your boyfriend have to decide what to do , nobody else can do it for you .

            Comment


            • #7
              Written by Hamonajiwa
              why you suggest my family stay away from this. They will have big trouble?!? I means I can't go to KaIm alone. My boyfriend refused to witness for me. I need someone at least know about my situation and help me out soon as soon. Exactly my family plan come here take me go to embassy then take some information about lawyer then we go to KaIm with lawyer to help me out of this soon. I don't know it is best choice or not

              Comment


              • #8
                Originally posted by marcus View Post
                Written by Hamonajiwa
                (I) why you suggest my family stay away from this. They will have big trouble?!?

                (II) I means I can't go to KaIm alone.

                (III) My boyfriend refused to witness for me.

                (IV) I need someone at least know about my situation and help me out soon as soon. Exactly my family plan come here take me go to embassy then take some information about lawyer then we go to KaIm with lawyer to help me out of this soon ...

                (I) Of course they will not have big trouble , but it is a question of cost / benefit .

                (II) Why not ? You did a more difficult thing 3 years ago when you came to live with your boyfriend , didn't you ?

                (III) If your boyfriend cannot do it himself , he could at least hire somebody to confirm your story to Immigration (I think this is the only help you need to go back home quicker) .

                (IV) If your businessman boyfriend cannot help you at all but your family is rich , then your family could , for example , send you money and you can consult a lawyer before you surrender to Immigration (although I think it will be a waisted money) . But I suggest you not to go to Immigration with a lawyer . For what a lawyer if you said you only overtayed a Visa/Stay Permit , which is not a crime ? I guess that if Immigration see you with a lawyer it is like you confessing you did something else very bad , a crime .
                And please do not say that a 21 years old woman cannot go to an Embassy or to Immigration alone . The Embassy is mostly to make the passport ok , they usually do not help at all . Immigration will just check your story and deport you . In this Forum I never saw a case where a deportation process due to overtay took a long time .
                Last edited by marcus; 12-12-19, 19:34.

                Comment

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