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

UU Keimigrasian – Bab 8

Immigration Law

  1. Immigration Detention Center may be established in the capital city, provinces, regencies, or municipalities.
  2. An Immigration Detention Center is led by a head.

Immigration Detention Room is a special room and a part of the Directorate General office, Immigration Offices, or Immigration Checkpoints.

  1. An Immigration Officer has the authority to detain a Foreign National in the Immigration Detention Center or Immigration Detention Room, if the Foreign National:
    1. is residing in Indonesian Territory without a valid Stay Permit or the Stay Permit has expired;
    2. is residing in Indonesian Territory without any lawful Travel Document;
    3. is subject to Immigration Administrative Action by canceling his or her Stay Permit because he or she contravenes the legislation or threats the security and public order;
    4. awaits Deportation; or
    5. awaits his or her departure from Indonesian Territory because the Entry Stamp is not approved.
  2. The Immigration Officer may place the Foreigner as referred to in paragraph (1) in another place if the Foreigner is sick, about to give birth, or is still a child.
  1. The detention of Foreign National is executed with a written order from the Minister or appointed Immigration Officer.
  2. The order as referred to in section (1) includes at least:
    1. data of the detained Foreign National;
    2. grounds for detention; and
    3. place of detention.
  1. The Foreign Nationals are detained in custody until they are deported.
  2. In the event that the Deportation as referred to in section (1) has not been executed, the detention may last to a maximum of 10 (ten) years.
  3. The Minister or appointed Immigration Officer may release a Detainee from an Immigration Detention Center when the period as referred to in section (2) is exceeded and allow the Detainee to stay outside of the Immigration Detention Center by a compulsory periodical report.
  4. The Minister or appointed Immigration Officer supervise and ensure that the Detainee as referred to in section (3) is deported.

The provisions on the Immigration Administrative Action are not applicable to the victims of human trafficking and People Smuggling.

  1. Victims of human trafficking and People Smuggling residing in Indonesian Territory are placed in an Immigration Detention Center or other designated premises.
  2. Victims of human trafficking and People Smuggling as referred to in section (1) receive special treatment which differs from other Detainees in general.

The Minister or appointed Immigration Officer ensures that foreign citizen victims of human trafficking and People Smuggling are immediately returned to their country of origin and issued travel documents if they do not have any.

  1. The Minister or appointed Immigration Officers take preventive and repressive measures against criminal act of human trafficking and People Smuggling.
  2. The preventive measures as referred to in section (1) are taken by means of:
    1. exchange of information with other countries and relevant domestic agencies, covering modus operandi, Travel Document control and security, and legality and validity of documents.
    2. technical cooperation and training with other countries comprises humane treatment of victims, security and quality of Travel Documents, detection of false documents, information exchange, and monitoring and detection of People Smuggling by conventional and non-conventional means.
    3. legal knowledge dissemination to the public about human trafficking and People Smuggling which is considered criminal acts, and preventing them from being victims;
    4. ensuring that Travel Documents or any identification issued are of good quality so that such documents are not easily misused, falsified, altered, imitated, or issued in contravention of the law; and
    5. ensuring the integrity and security of Travel Documents distributed or issued by or on behalf of the State to prevent illegal production of such documents in terms of issuance and use.
  3. The repressive measures as referred to in section (1) are taken by means of:
    1. Immigration investigation of the perpetrators of criminal act of human trafficking and People Smuggling;
    2. Immigration Administrative Action against the perpetrators of criminal act of human trafficking and People Smuggling; and
    3. cooperation on investigations with other law enforcement institutions.

Further provisions regarding Immigration oversight, Immigration Intelligence, Immigration Detention Centers and Immigration Detention Rooms, and handling of human trafficking and People Smuggling victims are regulated by Government Regulation.