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How many months is the fastest and longest/maximum for the deportation time period? If I am married to an Indonesian Citizen and have to be deported, will it take a long time when I want to return to Indonesia?
This article is an English translation of Jangka Waktu Deportasi Orang Asing which was written by Dian Dwi Jayanti, S.H., and was published on Monday, 13 February 2023.
This article below is an update of the article with the same title, which was first written by Dimas Hutomo, S.H., and was first published on Thursday, 22 November 2018.
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The definition of deportation is the act of forcibly removing Foreign Citizens/foreigners from Indonesian territory.[1] Foreigners are persons who are not Indonesian Citizens.[2]
Deportation is an immigration administrative action,[3] which is carried out by an authorized Immigration Officer/Immigration Official to foreigners residing in Indonesian territory who engage in harmful activities and which presumably threaten security and public order or disrespect or contravene the prevailing laws and regulations.[4]
In addition, deportation is also carried out because foreigners who are located in Indonesian territory try to avoid final sentences and implementations by the courts in their country of origin.[5]
The decision to undertake deportation is conducted by an authorized Immigration Officer that shall be made in writing and must include the grounds of such decision.[6] Foreigners who will be deported are placed in Detention Centers or Detention Rooms to wait for the deportation.[7]
Immigration Detention Center is the technical implementation unit that carries out the Immigration Function as a temporary shelter for Foreign Citizens who are subject to Immigration Administrative Measures.[8]
Meanwhile, Immigration Detention Room is a temporary shelter for Foreign Citizens who are subject to Immigration Administrative Measures located at the Directorate General of Immigration and Immigration Offices.[9]
Foreigners who are in Immigration Detention Centers or Immigration Detention Rooms are referred to as detainees, who have obtained detention decisions from Immigration Officials.[10] The detention of foreigners is carried out until the detainees are deported.[11]
Further details regarding the detention of foreigners are regulated under Article 214 Government Regulation 31/2013, namely:
The time period for foreigners who are placed in Immigration Detention Rooms is conducted for the maximum of 30 days.[12] If this time period has elapsed, then said foreign citizens may be placed in Immigration Detention Centers.[13]
If detainees cannot be deported after more than 10 (ten) years of their status as a detainees, they may be considered to be given the opportunity to live life as basic human rights in general outside the Detention Centers in a certain status by considering behavioural aspects while undergoing detention, but still under the supervision of the Minister or Appointed Immigration Official through periodic reporting obligation.[14]
In the event that foreign citizens who are awaiting detention exceed the 10-year period as detainees, the Minister of Law and Human Rights or an appointed Immigration Official shall supervise and ensure that the detainees are deported.[15] This provision is intended to ensure that the supervision of the activities and presence of detainees do not have a negative impact on the community. In addition, attempts at deportation to their respective countries or to third countries which are willing to accept them shall still be undertaken.[16]
In response to your question, regarding the deportation time period, it should be noted that it is not explicitly regulated under Law 6/2011 or under Government Regulation 31/2013. However, if referring to Article 208 section (1) letter d jo. Article 209 letter d of Government Regulation 31/2013, it stipulates that foreigners who are waiting for deportation shall be placed in Detention Centers or Detention Rooms.
The waiting periods in Detention Centers or Detention Rooms have been determined, as follows:
Based on this, it means that there are no explicit regulations regarding the time period of deportation, only the period of foreigners waiting before being deported, namely in Detention Rooms or Detention Centers.
In the case of the abovementioned situation, please note that marriage is not a condition whereby foreigners may be deported. As mentioned earlier, the deportation of foreigners within Indonesian territory is conducted for those who engage in harmful activities and are reasonably suspected of endangering public order or security or who do not respect or disobey laws and regulations.
Marriage between foreigners and Indonesian Citizens is known as a mixed marriage.[17] Foreigners or Foreign Citizens who marry Indonesian Citizens and are permanently residing in Indonesia, are required to obtain limited or permanent stay permits.[18]
Even if the foreigner's marriage has ended, then this condition does not automatically mean that he or she can be deported. If divorced, the stay permit remains valid under the following conditions.
Mixed marriages which are less than 10 years or have aged more than 10 years, permanent stay permits for foreigners which are obtained due to legal marriages remain valid even if the marriages have ended due to divorce and/or upon a court decision on condition that the holder of the permanent stay permit must be guaranteed by a sponsor that is an Indonesian Citizen.[19]
The sponsor for a permanent stay permit for a foreigner whose marriage is less than 10 years, shall be applied to the immigration office whose working area covers the foreigner's place of residence within 60 days from the date of issuance of the divorce certificate.[20] If a foreigner does not apply for a guarantor/sponsor within a period of 60 days then the stay permit will remain canceled.[21]
Permanent stay permits which do not fulfill the above requirements may be canceled according to Article 75 section (2) letter b Law 6/2011. Therefore, answering your second question, we can say that if any Foreign Citizen who is married to an Indonesian Citizen, for example, does not fulfill the requirements of a permanent stay permit, thus it will result in the annulment of a foreigner's permanent stay permit and not deportation.
These are the answers we can provide, we hope you will find them useful.
Legal Basis:
[1] Article 106 number 1 Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation (“Perppu 2/2022”) that amended Article 1 number 36 Law Number 6 of 2011 on Immigration (“Law 6/2011”).
[2] Article 106 number 1 Perppu 2/2022 that amended Article 1 number 9 Law 6/2011.
[3] Article 75 section (2) letter f Law 6/2011.
[4] Article 75 section (1) Law 6/2011.
[5] Article 75 section (3) Law 6/2011.
[6] Article 76 Law 6/2011.
[7] Article 83 section (1) letter d Law 6/2011.
[8] Article 106 number 1 Perppu 2/2022 that amended Article 1 number 33 Law 6/2011.
[9] Article 106 number 1 Perppu 2/2022 that amended Article 1 number 34 Law 6/2011.
[10] Article 106 number 1 Perppu 2/2022 that amended Article 1 number 35 Law 6/2011.
[11] Article 85 section (1) Law 6/2011.
[12] Article 208 section (2) Regulation of the Government Number 31 of 2013 on the Regulation on the Implementation of Law Number 6 of 2011 on Immigration (“Government Regulation 31/2013”).
[13] Article 208 section (3) Government Regulation 31/2013.
[14] Elucidation of Article 85 section (3) Law 6/2011.
[15] Article 85 section (4) Law 6/2011.
[16] Elucidation of Article 85 section (4) Law 6/2011.
[17] Article 57 Law Number 1 of 1974 on Marriage (“Law 1/1974”).
[18] Article 52 letter e Law 6/2011 jo. Article 106 number 6 Perppu 2/2022 that amended Article 54 section (1) letter b Law 6/2011.
[19] Article 162 and Article 163 section (1) and (2) Government Regulation 31/2013.
[20] Article 163 section (3) Government Regulation 31/2013.
[21] Article 163 section (4) Government Regulation 31/2013.
