Key Points of Immigration Law
April 08, 2011
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434158enakajah - Well it is obvious that we need women to organise any such campaign. They have a lot more guts and staying power than us fellahs.
A side effect of this new law is that it will create two types of foreign worker; those with permanent residence will be a lot more attractive to employers than those without who will still need sponsorship. This may well affect the competitiveness of those commercial language schools who employ gap year students and the like.
A couple of questions I have been asked: Will you still need to go outside Indonesia to get a visa to get a new KITAP or can you exchange your current KITAS without travelling abroad? I suspect that you will still need to go abroad to get a visa in most cases unless, possibly, your current KITAS/KITAP is sponsored by your spouse. Am I right?
What about the IMTA? Will employers (or the spouse) still have to pay this or will normal taxes just apply? This seems more difficult to answer. The absence of IMTA would, of course, make the PR wielding "old hands" even more attractive. Or will the IMTA just die out?
Once again, thanks for all your work and elucidation.
Aki-Amani. You got the wrong agent. A KITAP so far costed about 2.5jt (official fee) and an agent takes 50-100%. I recommend you change your agent or even process yourselve...
TGIF, there is no question about it. We cannot at this stage own land. Next on the list of planned law changes is the ability for children of mixed marriages over the age of 18 to retain dual nationality and remain and work in the country without the need for any permits AND the right for PR holders to purchase land and property.
These are two vital next steps and are being addressed by the same organizations that have done so well up to date.
Unfortunately patience is going to be required. Kids first then maybe land right. We shall see.
Rafiq, the civil marriage issue is important but perhaps less of a priority to the people pushing current law changes. It effects a vast number of people in Indonesia, but the people pushing at present are interested in the safety of their children's rights to live in the country of their birth.
Civil union is not on their agenda perhaps you would like to see about organizing a group yourself. If a handful of committed professional ladies and housewives can do so much think what a larger group can do.
Another much needed piece of legislation is on the question of civil marriage. The present law is highly discriminatory and unjust. It recognises only marriages which have been "sanctified" by religion and promotes hypocrisy and creates terrible dilemmas on conscience for those of nominally different faiths or of none.
We need a law which will:
* Require all future marriages to be conducted or registered solely by the civil registration office, removing the authority of the Department of Religious Affairs as a registration authority for Islamic marriages.
* Removing the prerequisite for a religious marriage ceremony to have been conducted before the civil registration office will register a marriage.
* Permitting religious marriages ceremonies to take place, of course, but not recognising any marriage without a civil marriage ceremony or registration.
* Removing the requirement for marriages to take place only between people of the same nominal belief.
* Not recognising any divorce or other matrimonial proceedings which has not been processed through the courts using criteria which do not discriminate according to the sex of the petitioner.
* Prohibiting any attempted religious jurisdiction in matters concerned with custody, maintenance or other matrimonial or family matters with severe penalties for contravention.
The cost --- Maybe my experience is relevant, maybe not but it may be useful info. Like this - In early March I received my KITAS number V. My agent advised that it could not be renewed again but will need to be converted to a KITAP, good for 5 years after which I must become an Indonesian citizen and the cost of conversion would be Rupiah 22.5 juta. Ouch and Aduh! The new law apparently changes KITAP regulations. It will be interesting to see how agent fees will be calculated.
• Foreign spouses of Indonesian citizens can get a permanent residence permit (Kitap) after two years of marriage. They will only be required to report to the immigration office once every five years — a free service — instead of the annual renewal currently required.
• If they have been married to an Indonesian citizen for at least 10 years, foreigners can stay in the country even after a divorce.
• Foreign spouses will be allowed to work in the country.
• Children from mixed marriages will automatically get a Kitap regardless of their nationality. Under the current arrangement, these children have to choose a citizenship at the age of 18. If they choose to adopt foreign citizenship, they have to apply for a residence permit.
• Foreign investors who have worked in Indonesia for three years, less than the five years now required, can get a Kitap.
• Former holders of Indonesian citizenship can get a Kitap.
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From what we read everything is in place except from the Religious Affairs Ministry and MUI... And they refuse to issue the papers. _ -
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