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

UU Keimigrasian – Bab 9

Immigration Law

  1. The Minister has the authority and responsibility to impose Exit Ban subject to Immigration matters.
  2. The Minister imposes Exit Ban based on:
    1. the results of Immigration oversight and the decision of Immigration Administrative Action;
    2. the Decision of the Minister of Finance and the Attorney General in accordance with their respective duties and the provisions of legislation;
    3. a request of the Chief of Indonesian National Police in accordance with the provisions of legislation;
    4. an order of the Head of the Corruption Eradication Commission in accordance with the provisions of legislation;
    5. a request of the Head of the National Narcotics Board in accordance with the provisions of legislation; and/or
    6. decisions, orders, or requests from the heads of other ministries/agencies that have the legal authority related to Exit Ban.
  3. The Minister of Finance, the Attorney General, the Chief of the National Police of the Republic of Indonesia, the Head of the Corruption Eradication Commission, the Head of the National Narcotics Board, or the Heads of ministries/agencies who have the authority related to Exit Ban as referred to in section (2) point f, are responsible for any decisions, requests, and orders issued by them.

In urgent circumstances, the officials as referred to in Article 92 section (2) may directly request to the appointed Immigration Officer to execute the Exit Ban.

The decision on Exit Ban as referred to in Article 91 is implemented by the Minister or appointed Immigration Officer.

  1. The Exit Ban as referred to in Article 91 is established by a written decision from an authorized official.
  2. The decision as referred to in section (1) contains at least:
    1. name, sex, place and date of birth or age, and photograph of the person subject to Exit Ban;
    2. grounds for Exit Ban; and
    3. grounds for Exit Ban; and
  3. The decision of Exit Ban is delivered to the person subject to Exit Ban no later than 7 (seven) days from the date the decision is made.
  4. In the event that the decision of Exit Ban is issued by the official as referred to in Article 91 section (2), the decision is also delivered to the Minister no later than 3 (three) days from the date the decision is made with a request for execution.
  5. The Minister may refuse any request to execute Exit Ban when the decision of Exit Ban does not comply with the provisions as referred to in section (2).
  6. Notification of the refusal to execute Exit Ban as referred to in section (5), along with the grounds for rejection, is informed to the officials as referred to in Article 91 section (2) no later than 7 (seven) days since the date of the Exit Ban request received.
  7. The Minister or appointed Immigration Officer inputs the identity of the person subject to Exit Ban decision into the Exit Ban list on the Immigration Management Information System.

Based on the Exit Ban list as referred to in Article 94 section (7), the Immigration Officer has the obligation to prevent a person who is subject to Exit Ban from leaving Indonesian Territory.

  1. Any person who is subject to Exit Ban may file an appeal to the officials issuing the decision of Exit Ban.
  2. The appeal as referred to in section (1) is made in writing along with its grounds and submitted within the period of the Exit Ban.
  3. The appeal does not delay the execution of the Exit Ban.
  1. The period of Exit Ban lasts for a maximum of 6 (six) months and may be extended each time for a maximum of 6 (six) months.
  2. In the absence of a decision to extend the period of Exit Ban, the Exit Ban is terminated by operation of law.
  3. If there is a final and legally binding court verdict releasing the person from all charges which were the grounds for imposing an Exit Ban on a person, the Exit Ban is terminated by operation of law.
  1. The Minister has the authority to impose Entry Ban.
  2. Authorized officials may request the Minister to impose Entry Ban.

The Entry Ban as referred to in Article 98 is imposed by the Minister or appointed Immigration Officer.

  1. Entry Ban as referred to in Article 98 is established by a written decision.
  2. The decision of Entry Ban based on the request of the authorized officials as referred to in Article 98 section (2) is issued by the Minister no later than 3 (three) days since the date of the Entry Ban request is notified.
  3. The Entry Ban request as referred to in section (2) contains at least:
    1. name, sex, place and date of birth or age, and photograph of the person subject to Entry Ban;
    2. grounds for Entry Ban; and
    3. period of Entry Ban.
  4. The Minister may refuse the request for Entry Ban when the request for Entry Ban does not comply with the provisions as referred to in section (3).
  5. Notification of the refusal to execute Entry Ban as referred to in section (4), along with the grounds for refusal, is informed to the officials as referred to in Article 98 section (2) no later than 7 (seven) days since the date of the Entry Ban request is received.
  6. The Minister or appointed Immigration Officer input the identity of the person subject to the decision of Entry Ban into the Entry Ban list on the Immigration Management Information System.

Based on the Entry Ban list as referred to in Article 100 section (6), the Immigration Officer has the obligation to prevent a Foreign National who is subject to Entry Ban from entering Indonesian Territory.

  1. The period of Entry Ban is valid for a maximum of 6 (six) months and may be extended, each time for a maximum of 6 (six) months.
  2. In the absence of a decision on the extension of Entry Ban, the Entry Ban is terminated by law.
  3. The decision on lifetime Entry Ban can be imposed on a Foreign National considered as a threat to the public order and security.

Further provisions regarding the execution of Exit Ban and Entry Ban are regulated by Government Regulation.