“ The third amendment to the Immigration Law through Law Number 63 of 2024 focuses on the exit restrictions, alignment of the validity of the re-entry with stay permit for Permanent Stay Permit (KITAP) holders, and strengthening immigration supervision.”
The government has issued Law Number 63 of 2024 concerning the Third Amendment to Law Number 6 of 2011 on Immigration (“The Third Amendment”), which will take effect on October 17, 2024. This amendment was issued as a consequence of and a response to the revisions and repeals of certain provisions and articles in Law Number 6 of 2011 on Immigration, following Constitutional Court Rulings No. 40/PUU-IX/2011 and No. 64/PUU-IX/2011, as well as the issuance of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation (“Immigration Law“). The Third Amendment to the Immigration Law also aims to provide legal certainty for both Indonesian citizens and foreign nationals in immigration matters.
Introducing Investigation (Penyidikan) to Eliminate Preliminary Investigation (Penyelidikan) in the Exit Restriction
The amendment introduces new provisions, such as immigration monitoring, temporary exit restrictions from Indonesian territory known as “prevention” entry restrictions for foreign nationals based on immigration reasons referred to as “rejection” as well as adjustments regarding the authority of the Indonesian National Police in immigration matters.
Previously, the Immigration Law granted immigration officers the authority to prevent individuals from leaving Indonesian territory if deemed necessary for preliminary investigation (penyelidikan) and investigation (penyidikan) or based on a request from authorized entities. However, Constitutional Court Ruling No. 40/PUU-IX/2011 found the term “preliminary investigation (penyelidikan)” unconstitutional, ruling that restricting someone’s travel during a preliminary investigation stage violates their rights. Consequently, the Third Amendment to the Immigration Law revises Article 16, paragraph (1), letter (b), establishing “prosecution (penuntutan)” as the new basis for immigration officers to prevent someone from leaving Indonesia. This provision affects both foreign nationals and Indonesian citizens, as individuals may be prevented from leaving Indonesian territory if deemed necessary for investigation and prosecution by the relevant authorities.
Re-Entry Permits Align with the Validity of Permanent Stay Permit (KITAP)
The Third Amendment to the Immigration Law also revises the regulations regarding re-entry permits for foreign nationals holding permanent stay permits. Under the new provisions, re-entry permits will now align with the validity period of the permanent stay permit (KITAP). This adjustment will benefit foreign investors and workers who frequently travel in and out of Indonesia, as foreign nationals intending to enter Indonesia can now adjust the validity period of their re-entry permits to match their permanent stay permits.
Strengthening Immigration Supervision
Additionally, the Third Amendment to the Immigration Law revises Article 72, expanding the authority of the police alongside immigration officers to request information from the owners and managers of accommodations regarding foreign nationals staying at their facilities. If accommodation owners or managers fail to provide information or data on foreign nationals staying at their facilities upon request, they may face criminal sanctions, including up to three months of imprisonment or a fine of up to IDR 25 million. This provision directly impacts foreign investors and holders of stay permits or business visas, as it enhances oversight of the activities and presence of foreign nationals in Indonesia, including those staying temporarily for business purposes. This provision seeks to uphold public security and ensure that foreign nationals’ activities comply with Indonesian law.
The Third Amendment to the Immigration Law also modifies the regulations on prevention and rejection, setting a maximum duration of six (6) months for prevention, extendable by an additional six (6) months, and a maximum duration of ten (10) years for rejection, also extendable by another ten (10) years. Prevention and rejection are immigration administrative measures applied to foreign nationals in Indonesia who engage in hazardous activities or are suspected of threatening public order or failing to respect or comply with regulations. Prevention is a temporary ban on individuals from leaving Indonesian territory based on immigration or other legally prescribed reasons, while rejection is a prohibition on foreign nationals entering Indonesian territory on immigration grounds.
Author: Al Fatih Abdan Syakuro
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