There are many types of irregularities immigration offices face :?
• Overstaying length of visit visa
• Overstaying the stay permit (KITAS)
• Make a business visit, while just have a free visa exemption? • Working in a company while having a (business) visit visa only
• work while having a dependent KITAS
• Work in a different location from the one on the IMTA and RPTKA
• Working in a position different from that stated on the IMTA, or having several positions and one IMTA
• failure to report status changes (address)
• Entering into a fake marriage to an Indonesian joint
• Present or using false papers while obtaining a permit
to remove the urban legend stories about sentences in such cases, the law gives a clear answer in chapter XI of the immigration law no. 6 Articles 113-135 of 2011. handle possible criminal provisions. In this article, trafficking and other criminal actual immigration crimes are not discussed. The focus is on the small do not commit crimes, but administrative omissions with big consequences. There are two main types of punishment:
A. A maximum of 3 months of imprisonment and a fine of IDR.25,000,000 .- .? For foreigners who do not present their passports or other identification or fail to report changes in their marital status, nationality, occupation, address or sponsor. All small or little more or less crimes.
B. A maximum of 5 years imprisonment and a fine of IDR.500,000,000 .- . Imposed on
- Foreigners without a valid passport and a visa or residence permit
- Foreigners who falsify or forge visas or residence permits or using • Foreigners abuse or make a business? contrary to the purpose of the residence permit
- Anyone providing false or forged letters or other data overstaying under Category B, therefore, you are in Indonesia without a valid visa, but until 60 days only real punishment is a fine of IDR.300,000.- day if you mention you are beyond. If you get caught arrests, fines, detentions and expulsions may follow.
You should know that most violations of immigration rules are discovered because immigration has been warned.
Examples:
- A neighbor or even an acquaintance who knows you are overstaying
- a colleague who knows that you are working on a business visa
- former employee trying to get even with his former company
- former girlfriends or ex -épouses feeling that they are victims of violence
- trading partners feel that they made a bad deal
- friends, knowing your dependent wife is working
what is happening and what to do if you're caught?
When immigration officers unexpectedly entered your home, hotel, office or any other place and you demand your papers, you can bet they already have information that you have committed a violation of your permit or visa. Why would they come to your place of all places at the precise moment that you have done something wrong? So make no mistake, Immigration knows.
There are several ways how to react during a raid. Based on our experience below a realistic view of what is happening and how you can respond. The choice is always yours, but be hostile and rude is to have yourself arrested without fail:
- The immigration officer will ask you your name and passport and residence permit ( KITAS / KITAP). Be humble and cooperate.
- The officer will ask you for the reason of your stay and it will ask you what you do where you are. Again, stay humble and answer correctly.
- The immigration officer will ask for you to come to the immigration office later or the next day. Your passport and KITAS will be taken and you will get an STP, a formal letter of forfeiture. If the offense is minor, you will not be arrested and detained.
- After immigration has left, contact your agent. Below we explain why a lawyer may not always be the best solution.
- The officer will contact the Bureau of Immigration and discuss the contents of your case.
- The agent will then discuss the situation with you and plan a strategy.
- At the Office of Immigration will be interviewed. Usually, it is wise to explain the crime, why you got into the situation (overstaying a visa or work on) and admit that you are wrong.
- After interrogation await further action. Immigration agent and discuss opportunities and monitoring. Depending on the level of your offense, your history and your attitude, Immigration will decide to bring the case to court or to discuss a proposed settlement.
- If a settlement is possible, the options are fine with or without (blue) the deportation, which means that you can return to Indonesia, with the proper visa. When a red expulsion is imposed, you can not return for at least six months, after which a request can be made to lift the expulsion condition.
- If your offense is important and you, for example, used fraudulent documents there is less room for a settlement. You will eventually be detained and deported. The agent can try to prevent one case and imprisonment court. Immigration advocate a heavy fine and imprisonment. In normal administrative affairs, which is rarely, however.
Above we said that it would not be wise to contact a lawyer immediately. In no case do we want to say that a lawyer can help you as well. Most likely, he would do a better job. Nevertheless, it must not only know about immigration law. More importantly, he needs to know the immigration office and employees who handle your case. Most agents do - it is their daily work
In most cases the evidence already presented, it is a clear case of cut. A lawyer with less experience in immigration cases could approach the immigration staff badly, causing delays. If detained, every day counts.
