Immigration Targets Expats Again

Immigration Targets Expats Again -

 

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"Carry original documents with you."

at 3am on Sunday morning of June 5, the South Jakarta Immigration Office held another raid on popular entertainment street Blok M.

A   of 19 expatriates were arrested and taken to the immigration office at Jl. Mampang / Buncit in south Jakarta. Among them, some who possessed a copy of their KITAP and KTP. So what do these expatriates are actually doing wrong? Nothing, really!

They were just cautious and instead of wearing the original KITAP used a laminated copy as many expats do. Nevertheless, they were all arrested (due to not treat an original KITAP) and forced to complete a joyful evening in a depressing room at the immigration office - together with 18 others! As it was in the middle of the night and many were more or less in a state of low consciousness, many are sleeping on the floor. A very little experience will not easily forget.

We asked

Expats organize for someone to bring their original KITAP. They did the same morning, after which they were allowed to go, but only in the strict opinion that they should present their passport the next day (Monday) morning. As law-abiding citizens, they did, but the ordeal was not yet over. They were interrogated and sent home to return again on Tuesday. They were ordered to sign a police investigation report (BAP) and return on Wednesday to discuss the fine.

The intriguing question pops up : Why immigration n ' arrest the in the first place? Were they allowed to do?

Article 71 of the Immigration Act no. 6 of 2011 is the basis on which immigration officers will justify their actions, in this case, pursuant to Article b).

Article 71

Every foreigner residing on the territory of Indonesia must:

a). (...) or

b). show (products) and submit (hand) his travel document (passport) and residence permit (Kitas / Kitap) if asked by the immigration officers to supervise the control of immigration.

This is very clear :.

• We are obliged to show his passport and KITAS / KITAP when asked by an immigration officer

If you are unable to make the Article 116 is the next law to be treated.

Article 116

Every Foreigner is not consistent (not to perform their obligations as stipulated in) Article 71 shall be damned (or be punished) with a maximum confinement of three (3) months or a fine of up to Rp.25,000,000 (twenty-five million rupees).

It is also very clear:

• If you can not show your passport or KITAS / KITAP you will be condemned. Maximum 3 months imprisonment or maximum Rp.25,000,000.

In interpreting these immigration officers not wearing your original passport and KITAS / KITAP is against the law and should be punished. This strict and one-sided explanation of the law are not necessarily correct. The reading of the law, he says that the alien must show or produce his passport and residence permit. It is not written when you need to produce and deliver. Many expatriates have lived if you do not have your original documents on you, you will be asked to show it later or the next day, which is common practice and very acceptable. Many expatriates are copies to avoid the loss of the original and going through all the hassle and dazzle again to get these documents. Is it wrong? Yes and no, because the law does not stiplate you have to wear the original with you.

What to do?

is where we are. Now we have a few options and each expatriate must decide for itself the option that best fits the situation. The best:

1. It is a ridiculous act and contrary to law. Hire a lawyer .

stuff enough to talk, and many lawyers (with knowledge of immigration - do not go to a criminal lawyer as you have not committed a crime!) Verra an interesting case in this regard and bring it to the stage to complain. First of all internally with the Department of Justice, the Department of Immigration, and if there is no success, following an administrative court. A winner for sure, handling the case, that his fees will surely rise to the height of the maximum amount of 25 million lawyer.

2. Be smart, stay cool and relaxed. Do it yourself!

Handle all yourself and stick to your position, mainly on the basis of what is written above, regarding the use of a copy. Show and transfer (which is the production!) Passport and KITAS / KITAP and await the fine that will be imposed on you. If you do not get angry, no prison time will be discussed, just a fine. You can try to reach a settlement and probably pay less than 25 million.

Be careful and do not consider calling it a bribe or extortion or seek money Lebaran. No, the agent can give you a fine of up to 25 million. If you ask him for all kinds of reports and proof of payment, the amount will likely be higher.

3. Always be smart. Go to a formalities officer.

An agent will immediately go for an amicable settlement. An agent will most likely try to grease the wheels of the system and see where more oil is needed. He may try to limit irritation and inconvenience inflicted. Most agents have experience of this kind of action on immigration. Raids in bars and other entertainment venues are rarely practiced. Of course, the agent will ask a fee, but as a guide, we mention that Rp.5 million for the agent is a fair price for cases like this. Just to give you an idea.

As some immigration offices are becoming stricter on expatriates, we suggest that you keep your original KITAS / KITAP with you to avoid problems. You can show your passport the next day. However, if you want to be sure to never face a situation like this, take the passport with you.

As always, we emphasize that the decision is  ly ad. This article is just to shed light on the sometimes undisclosed and sinister world of immigration.

 

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