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  • Immigration Policy Information that applies during the Covid-19 pandemic here

UU Keimigrasian – Bab 1

Immigration Law

In this Law:

1. Immigration means the movement of people to enter or exit Indonesian Territory and its oversight in order to safeguard and uphold state sovereignty.

2. The State Territory of the Republic of Indonesia hereinafter referred to as Indonesian Territory means the entire Indonesian Territory and specific zones defined under the law.

3. Immigration Functions means part of the national government affairs providing Immigration services, law enforcement, national security, and facilitating the development of public welfare.

4. Minister means the minister administering government affairs in law and human rights.

5. Director General means the Director General of Immigration.

6. Directorate General of Immigration means the apparatus of the Ministry of Law and Human Rights with the tasks and functions in Immigration affairs.

7. Immigration Officer means an employee who has passed a special training program in Immigration affairs, has technical expertise in Immigration affairs and has the authority to carry out the duties and responsibilities under this Law.

8. Civil Servant Investigator (Penyidik Pegawai Negeri Sipil) of Immigration hereinafter referred to as PPNS of Immigration means an Immigration Officer who is authorized by law to conduct the investigation of Immigration criminal offences.

9. Foreign National means a person who is a non-Indonesian citizen.

10. Immigration Management Information System means the information and communication technology system used for collecting, processing and presenting information to support operations, management, and decision-making in carrying out Immigration Functions.

11. Immigration Office means a technical implementation unit performing Immigration Functions at regency, municipality or sub district

12. Immigration Checkpoint means a checkpoint at seaports, airports, border-crossing stations or other checkpoints of entry and exit in Indonesian Territory.

13. Travel Document means an official document issued by the authority of a state, the United Nations, or other international organizations for international travel containing the identity of the bearer.

14. Immigration Document means a Travel Document of the Republic of Indonesia and a Stay Permit issued by an Immigration Officer or an Indonesian foreign service officer.

15. Travel Document of the Republic of Indonesia consists of a Passport of the Republic of Indonesia and Travel Document in Lieu of a Passport of the Republic of Indonesia.

16. Passport of the Republic of Indonesia, hereinafter referred to as a Passport means a document issued by the Government of the Republic of Indonesia to an Indonesian citizen for international travel valid for a certain period of time.

17. Passport of the Republic of Indonesia, hereinafter referred to as a Passport means a document issued by the Government of the Republic of Indonesia to an Indonesian citizen for international travel valid for a certain period of time.

18. Visa of the Republic of Indonesia, hereinafter referred to as Visa means a written statement given by an authorized officer at Indonesia Missions Abroad or other places determined by the Government of the Republic of Indonesia containing an approval for a Foreign National to travel into Indonesian Territory and a prerequisite for granting a Stay Permit.

19. Entry Stamp means a specific mark in the form of a stamp on a Travel Document of an Indonesian citizen and a Foreign National, either manually or electronically, approved by an Immigration Officer as a sign that the holder has entered Indonesian Territory.

20. Exit Stamp means a specific mark in the form of a stamp on a Travel Document of an Indonesian citizen and a Foreign National, either manually or electronically, approved by an Immigration Officer as a sign that the holder has exited Indonesian Territory.

21. Stay Permit means a permit granted to a Foreign National by an Immigration Officer or Indonesian foreign service officer to reside in Indonesian Territory.

22. Declaration of Integration means a statement of a Foreign National to the Government of the Republic of Indonesia as a requirement to obtain a Permanent Stay Permit.

23. Permanent Stay Permit means a permit granted to a certain Foreign National to reside and remain in Indonesian Territory as an Indonesian resident.

24. Re-entry Permit means a written permit granted by an Immigration Officer to a Foreign National holding a temporary Stay Permit and a Permanent Stay Permit to re-enter Indonesian Territory.

25. Corporation means a group of organized people and/or properties, either in the form of a legal entity or a non-legal entity.

26. Sponsor means an individual or a Corporation responsible for the residency and activities of a Foreign National while residing in Indonesian Territory.

27. Means of Transport means a ship, aircraft or other means of transport commonly used, either for carrying people or goods.

28. Exit Ban means a temporary prohibition against a person to exit Indonesian Territory for Immigration reasons or other reasons as prescribed by law.Prevention is a temporary prohibition against people to leave the Indonesian Territory based on Immigration reasons or other reasons determined by law.

29. Entry Ban means a prohibition against a Foreign National from entering Indonesian Territory for Immigration reasons.

30. Immigration Intelligence means an Immigration preliminary investigation and Immigration security intelligence to present information through analysis to estimate current or future Immigration situations.

31. Immigration Administrative Action means any administrative sanction imposed by an Immigration Officer against a Foreign National without the judicial process.

32. People Smuggling means an activity to gain a benefit, either directly or indirectly, for oneself or other people, by transporting an individual or a group of people, either in an organized or unorganized manner, or ordering other people to transport an individual or a group of people, either in an organized or unorganized manner, who do not have the legal right to enter or exit Indonesian Territory and/or enter other countries into which they have no legal right of entry, either using valid documents or false documents, or without using Travel Documents, either undergoing an immigration clearance or not.

33. Immigration Detention Center means a technical implementation unit that performs an Immigration Function as a temporary shelter for a Foreign National who is subject to Immigration Administrative Action.

34. Immigration Detention Room is a temporary shelter for Foreigners who are subject to Immigration Administrative Actions located at the Directorate General of Immigration and the Immigration Office.

35. Detainee means a Foreign National who is held in an Immigration Detention Center or Immigration Detention Room upon obtaining a detention order from an Immigration Officer.

36. Deportation means an action to forcibly remove a Foreign National from Indonesian Territory.

37. Person in Charge of Means of Transport means an owner, an administrator, an agent, a shipmaster, a ship captain, a pilot captain or a driver of the means of transport.

38. Passenger means any person carried on board the means of transport other than the crew.

39. Indonesia Missions Abroad consists of an Embassy of the Republic of Indonesia, a Consulate General of the Republic of Indonesia and a Consulate of the Republic of Indonesia.

Explanation Click

Sufficiently clear.

Every Indonesian citizen has the right to enter and exit Indonesian Territory.

Explanation Click

Sufficiently clear.

In a particular circumstance, a Foreign National may be exempted from the obligation to obtain a Visa.

2. A Foreign National who is exempted from the obligation to obtain a Visa as referred to in section (1) includes:

a. A citizen of a specified country under a Presidential Regulation by taking into account principles of reciprocity and mutuality;

b. A foreign citizen who holds a valid Stay Permit and Re-entry Permit;

c. A ship master, pilot captain, or crew on duty on a means of transport;

d. A ship master, ship crew, or foreign expert on a vessel or floating infrastructure entering directly with his or her means of transport to operate in Indonesia’s archipelago waters, territorial seas, continental shelves, and/or the Exclusive Economic Zone of Indonesia.

Explanation Click

Section (1)

Sufficiently clear.

Section (2)

Point a

The term “Visa exemption” in this provision means

for instance for a tourism purpose which benefits the improvement of national development by taking into account the principles of reciprocity, which means Visa exemption is only granted to Foreign Nationals whose countries also grant a Visa exemption to Indonesian citizen.

Point b

Sufficiently clear.

Point c

Sufficiently clear.

Point d

Sufficiently clear.