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UU Keimigrasian – Bab 11

Immigration Law

Any person deliberately entering or exiting Indonesian Territory without undergoing an immigration clearance by Immigration Officer at Immigration Checkpoint as referred to in Article 9 section (1) is sentenced to imprisonment for a maximum of 1 (one) year and/or a fine for a maximum of Rp100,000,000,00 (one hundred million rupiah).

  1. The Person in Charge of a Means of Transport entering or exiting Indonesian Territory by its means of transport without passing through an Immigration Checkpoint as referred to in Article 17 section (1) is sentenced to imprisonment for a maximum of 1 (one) year and/or a fine for a maximum of Rp100,000,000,00 (one hundred million rupiah).
  2. A Person in Charge of a Means of Transport deliberately disembarking or embarking a passenger without undergoing an immigration clearance by an Immigration Officer or Immigration frontline inspector at an Immigration Checkpoint as referred to in Article 17 section (2) is sentenced to imprisonment for a maximum of 2 (two) years and/or a fine for a maximum of Rp200,000,000,00 (two hundred million rupiah).

Any Person in Charge of a Means of Transport failing to pay the fine as referred to in Article 19 section (4) and Article 79 is sentenced to imprisonment for a maximum of 1 (one) year and/or a fine for a maximum of Rp 100,000,000,00 (one hundred million rupiah).

A Foreign National failing to fulfill the obligations as referred to in Article 71 is sentenced to imprisonment for a maximum of 3 (three) months or a fine for a maximum of Rp25,000,000,00 (twenty five million rupiah).

Any Sponsor deliberately providing incorrect information or failing to honor the guarantees offered as referred to in Article 63 (2) and (3) is sentenced to imprisonment for a maximum of 5 (five) years or a fine for a maximum of Rp500,000,000.00 (five hundred million rupiah).

Every Guarantor who is intentionally provides incorrect information or complies with no guarantee provided as contemplated in Article 63 paragraph (2) and paragraph (3) shall be punished for a maximum of 5 (five) years or fine sentence at the maximum of Rp500,000,000.00 (five hundred million Rupiah).

  1. Any Foreign National entering and/or residing in Indonesian Territory without the legal and valid Visa and Travel Documents as referred to in Article 8, is sentenced to imprisonment for a maximum of 5 (five) years or a fine for a maximum of Rp500,000,000.00 (five hundred million rupiah).
  2. Any Foreign National deliberately using Travel Document, which is known or reasonably presumed to be false or forged, is sentenced to imprisonment for a maximum of 5 (five) years or a fine for a maximum of Rp500,000,000.00 (five hundred million rupiah).
  1. Any person committing acts with the intention of obtaining benefit, either directly or indirectly, for themselves or other people by transporting an individual or a group of people, either in an organized or unorganized manner, or ordering other people to take an individual or a group of people, either in an organized or unorganized manner, who do not have the lawful rights to enter or exit Indonesian Territory and/or enter other countries into which they have no lawful right of entry, either using valid documents or false documents, or without using Travel Documents, whether or not undergoing immigration clearance, is charged with People Smuggling and is sentenced to imprisonment for a minimum of 5 (five) years and for a maximum of 15 (fifteen) years and a fine no less than Rp500,000,000.00 (five hundred million rupiah) and for a maximum of Rpl,500,000,000.00 (one billion five hundred million rupiah).
  2. An attempt to commit the criminal act of People Smuggling is subject to similar punishment as referred to in section (1).

A sentence of imprisonment for a maximum of 5 (five) years and a fine of for a maximum of a maximum of Rp500,000,000.00 (five hundred million rupiah) is imposed on:

  1. any person deliberately producing a fraudulent or forged Visa, Entry Stamp, or Stay Permit for personal use or that of other people to enter, exit, or reside in Indonesian Territory;
  2. any Foreign National deliberately using a false or forged Visa, Entry Stamp, or Stay Permit to enter or exit or reside in Indonesian Territory.

A sentence of imprisonment for a maximum of 5 (five) years and a fine for a maximum of Rp500,000,000.00 (five hundred million rupiah) are imposed on:

  1. any Foreign National deliberately misusing or conducting activities that do not comply with the purposes and objectives of the Stay Permit granted to them;
  2. any person inciting or allowing a Foreign Nationals to misuse their Stay Permit or conduct activities that do not comply with the purposes and objectives of the Stay Permit granted to them.

A sentence of imprisonment for a maximum of 5 (five) years and a fine of for a maximum of a maximum of Rp500,000,000.00 (five hundred million rupiah) is imposed on:

  1. any person deliberately providing false or forged letters or data, or incorrect information for the purpose of obtaining Visa or Stay Permit for themselves or for other people;
  2. any Foreign National deliberately using the Visa or Stay Permit as referred to in point a, to enter and/or reside in Indonesian Territory.

Any person who deliberately hides or protects or provides housing or livelihood or provides an employment opportunity to a Foreign National who is known or reasonably presumed to be:

  1. residing illegally in Indonesian Territory is sentenced with imprisonment for a maximum of 2 (two) years and/or a fine for a maximum of Rp200,000,000.00 (two hundred million rupiah);
  2. having an expired Stay Permit is sentenced with imprisonment for a maximum of 3 (three) months or a fine for a maximum of Rp25,000,000.00 (twenty five million rupiah).

Any Foreign National without authorization to reside in a particular region declared as a restricted area for Foreign National as referred to in Article 48 (4) is sentenced with imprisonment for a maximum of 3 (three) years and/or a fine for a maximum of Rp300,000,000.00 (three hundred million rupiah).

Any person who deliberately:

  1. uses Travel Document of the Republic of Indonesia to enter or exit Indonesian Territory, but it is known or reasonably presumed that the Travel Document of the Republic of Indonesia are false or forged, is sentenced with imprisonment for a maximum of 5 (five) years and a fine for a maximum of Rp500,000,000.00 (five hundred million rupiah);
  2. uses Travel Document of the Republic of Indonesia belonging to other people or which has been revoked or canceled, to enter and exit Indonesian Territory or to hand over their own or someone’s Travel Document of the Republic of Indonesia to other people for unlawful purposes, is sentenced with imprisonment for a maximum of 5 (five) years and a fine for a maximum of Rp500,000,000.00 (five hundred million rupiah);
  3. unlawfully possesses or uses 2 (two) or more similar Travel Documents of the Republic of Indonesia which are still valid, is sentenced with imprisonment for a maximum of 5 (five) years and a fine for a maximum of a maximum of Rp500,000,000.00 (five hundred million rupiah);
  4. Having or using unlawfully 2 (two) or more of similar Indonesian Travel Document and all still valid, shall be punished with imprisonment for a maximum of 5 (five) years and fine sentence at the maximum of Rp500,000,000.00 (five hundred million Rupiah);
  5. forges Travel Document of the Republic of Indonesia or produces false Travel Documents of the Republic of Indonesia with the intention for their own use or for other people, is sentenced with imprisonment for a maximum of 5 (five) years and a fine for a maximum of Rp500,000,000.00 (five hundred million rupiah).

Any person who deliberately and unlawfully keeps any false or forged Travel Documents of the Republic of Indonesia with the intention for their own use or for other people, is sentenced with imprisonment for a maximum of 5 (five) years and a fine for a maximum of Rp500,000,000.00 (five hundred million rupiah).

A sentence of imprisonment for a maximum of 5 (five) years and a fine of for a maximum of a maximum of Rp500,000,000.00 (five hundred million rupiah) is imposed on:

  1. any person deliberately and unlawfully prints, possesses, keeps, or commercializes blank of Travel Document of the Republic of Indonesia or other blanks of immigration Documents;
  2. any person deliberately and unlawfully produces, possesses, keeps, or commercializes stamps or other equipment used to validate Travel Documents of the Republic of Indonesia or other immigration Documents;

Any person deliberately and unlawfully for their own or for other peoples’ interest, damages, alters, adds, cuts, or removes, either in part or entirely, data or stamps over the Travel Documents of the Republic of Indonesia or other Immigration Documents, is sentenced with imprisonment for a maximum of 5 (five) years and a fine for a maximum of Rp500,000,000.00 (five hundred million rupiah).

Any person deliberately and unlawfully possesses Travel Documents or other Immigration Documents belong to other people, is sentenced with imprisonment for a maximum of 2 (two) years and/or a fine for a maximum of Rp200,000,000,00 (two hundred million rupiah).

Any person deliberately, not rightfully and unlawfully possesses, keeps, damages, removes, alters, copies, uses and/or accesses Immigration data, either manually or electronically, for their interest or other people, is sentenced with imprisonment for a maximum of 5 (five) years and a fine for a maximum of Rp500,000,000.00 (five hundred million rupiah).

An Immigration Officer or other appointed officer who deliberately and unlawfully issues Travel Documents of the Republic of Indonesia and/or issues or renews Immigration Documents to a person known to have no rights to possess, is sentenced with imprisonment for a maximum of 7 (seven) years.

An Immigration Officer or other officer who:

  1. allows a person to commit Immigration criminal acts as referred to in Article 118, Article 119, Article 120, Article 121, Article 122, Article 123, Article 126, Article 127, Article 128, Article 129, Article 131, Article 132, Article 133 point b, Article 134 point b, and Article 135 presumably known by the officer, is sentenced with imprisonment for a maximum of 5 (five) years;
  2. deliberately discloses confidential Immigration data to the unauthorized party as referred to in Article 67 (2) and Article 68 (2), is sentenced with imprisonment for a maximum of 5 (five) years;
  3. deliberately does not implement standard operating procedure on the clearance process for departure or arrival at the Immigration Checkpoint resulting the Foreign National to enter to Indonesian Territory as referred to in Article 13 section (1) or to exit from Indonesian Territory as referred to in Article 16 section (1), is sentenced with imprisonment for a maximum of 2 (two) years;
  4. deliberately and unlawfully does not implement standard operating procedure of guard duty of Detainees at an Immigration Detention Center or Immigration Detention Room resulting the Detainees to escape, is sentenced with imprisonment for a maximum of 2 (two) years;
  5. deliberately and unlawfully does not input data into the Immigration Management Information System as referred to in Article 70, is sentenced with imprisonment for a maximum of 6 (six) months.

Any Detainee deliberately:

  1. makes, owns, uses, and/or distributes weapons, is sentenced with imprisonment for a maximum of 3 (three) years;
  2. escapes from an Immigration Detention Center or an Immigration Detention Room, is sentenced with imprisonment for a maximum of 5 (five) years.

Any person who engages in a fraudulent marriage to obtain Immigration Documents and/or citizenship status of the Republic of Indonesia, is sentenced with imprisonment for a maximum of 5 (lima) years and a fine for a maximum of Rp500,000,00.00 (five hundred million rupiah).

  1. In the case that the criminal acts as referred to in Article 114, Article 116, Article 117, Article 118, Article 120, Article 124, Article 128, and Article 129 are committed by a Corporation, the criminal sentence is imposed on the sponsors and its corporation.
  2. Imposition for the criminal sentence on the Corporation is liable only to a fine provided that the fine is 3 (three) times the fine as referred to in section (1).
  3. The criminal provision as referred to in Article 113, Article 119, Article 121 point b, Article 123 point b, and Article 126 point a and point b is not applicable to the victims of human trafficking and People Smuggling.