Legal Concerns for Mixed Marriages: Indonesians and Expatriates
This page is generously sponsored by Wijaya & Co Law Firm.
ITAS - semi permanent resident visa
ITAP - permanent resident visa
PowerPoint presentations from UI Seminar on Dual Citizenship
Perlukan Dwi Kewarganegaraan Saat Ini? Hikmahanto Juwana
Presentasi UI Dwikewarganegaraan - Niniek Kun Naryatie
Kewarganegaraan Ganda dan Keluarga Campuran - Patricia Rinwigati Waagstein
Presentation - SeminarDwiKewarganegaraan - Zulfa Djoko Basuki
Perkawinan Campuran - Zulfa Djoko Basuki
In November 2015 immigration officials met with members of the mixed nationality couples community to provide presentations on recent laws. Here are copies of their presentations:
Isu-Isu Aktual Status Keimigrasian dan Kewarganegaraan (Current Issues Regarding Immigration Status and Citizenship) presented by Friement F.S. Aruan, Direktur Izin Tinggal dan Status Keimigrasian, Direktorat Jeneral Imigrasi (Director of Stay Permits and Immigration Status, Directorate General for Immigration). The presentation dealt with the registration of children of mixed marriages with dual citizenship and affidavits (registration is obligatory, affidavit is optional), the fact that they have to claim Indonesian citizenship before their twenty-first birthday, if they want to retain their Indonesian citizenship, and becoming an Indonesian citizen through declaration or naturalization.
Tata Cara Memperoleh, Kehilangan, Pembatalan dan Memperoleh Kembali Kewarganegaraan Republik Bagi Pelaku Perkawinan Campuran dan Anak Berkewarganegaraan Ganda (Obtaining, Losing, Revoking and Regaining Indonesian Citizenship for Persons in Mixed Marriages and Children with Dual Citizenship) by Agus Rianto, Direktur Tata Negara, Direktorat Administrasi Hukum Umum (Director of State Institutions, Directorate of General Legal Administration). The presentation detailed how to obtain Indonesian Citizenship and the required documents.
Kebijakan Administrasi Kependudukan dan Pencatatan Sipil Bagi Perkawinan Campur dan Anak Berkewarganegaraan - Ganda Terbatas (Administration of Population and Civil Registration for Persons in Mixed Marriages and Children with Dual Citizenship) by Ibu Ati Kadarwati, Direktur Pencatatan Sipil, Direktorat Jenderal Kependudukan dan Pencatatan Sipil (Director of Civil Registration, Directorate General for Population and Civil Registration). Ibu Ati's presentation gave information about documents such as Kartu Keluarga (KK), KTP Orang Asing, Surat Keterangan Tempat Tinggal (SKTT) as well as various certificates.
On May 5, 2011 a new immigration law came into force. Here is a copy of the new immigration law UU 6 - Tahun 2011. The implementing regulations for this law were issued on April 16, 2013 as Peraturan Pelaksanaan Nomor 31 Tahun 2013.
Information regarding immigration matters is available in Indonesian at the Immigration Office website. Costs of all immigration documents can be found in PP No. 45/2014 - Jenis Dan Tarif Atas Jenis Penerimaan Negara Bukan Pajak Yang Berlaku Pada Kementerian Hukum Dan Hak Asasi Manusia
Under the new immigration law, foreign spouses of Indonesians can apply for an ITAP (permanent residency permit), after having been legally married for two years. Immigration officers should already be aware of the new regulations. However, it is recommended that you take a printed copy of the new immigration law with you when you go to apply (especially Pasal 60 and Pasal 141).
The document requirements for an ITAP application if you are already residing in Indonesia, and sponsored by your Indonesian spouse, are:
- ITAS (original and 3 copies) - if you had previously been issued an ITAS.
- Passport (original and 3 copies) - Don't forget to copy the passport pages with the visa stamps as well.
- Formulir Perdim 24 Formulir ITAS dan ITAP given by the KanIm along with the map (pink folder for ITAS, blue for ITAP). Forms and folder should be free.
- Formulir Perdim 27 Perubahan Data Orang Asing (though this one can be filled out later, after the issuance of the ITAP and while registering the change of immigration status to the section Inforsakim)
- Surat Keterangan Domisili – Certificate of Residence, obtained from the local Kelurahan
- Surat Permohonan - letter of request from your Indonesian spouse, see sample letter.
- Surat Jaminan - Letter of Guarantee from your Indonesian spouse and signed on top of a duty stamp (meterai) Rp 6000.
- Even though the new immigration law says that a sponsor letter from the Indonesian spouse isn't required, the immigration officials are still asking for it.
- KTP of Indonesian spouse (original and copy)
- Indonesian spouse's Kartu Keluarga (original and copy)
- Akta Perkawinan for non-Muslims or Buku Nikah for Muslims (original and copy)
- Those married overseas will be required to produce their wedding certificate as well as the Certificate of Marriage Report made to Catatan Sipil to legalize it under Indonesian law (original and copy). If your marriage certificate isn't legalized, be prepared to get this done before you start the process to speed things up.
- NOTE: All photocopies need to be on A4 size paper
This law gives permanent residence only to spouses and children of mixed marriages that are legally valid.
Additional Requested Documents
These are legal requirements. However, from one Immigration Office to the next they may have additional requests. Documents we imagine you could be asked for could include a SKTT, STM, NPWP, etc. The Immigration office is definitively authorized to ask you for any document that you should legally have. The new UU 6/2011 gives the immigration office full power to check that you comply with all existing laws.
A document which will be very certainly requested of those married in Indonesia is an acknowledgement from your embassy that they are aware of your marriage in Indonesia.
You could also be asked for financial documents such as bank statement, proof of pension, etc. The immigration officials are definitively authorized to ask for any document proving that you have sufficient amount of funds to stay, but that doesn't mean that they will necessarily ask for it.
You will also be asked to sign a Declaration of Integration document "Pernyataan Integrasi kepada Pemerintah Republik Indonesia" in accordance with Article 60 (2) of the new law. Here is a sample - Surat Pernyataan Integrasi.
There has been an increase in the cost of some immigration documents based on PP No. 45/2014 which came into effect on 3 July 2014. These are the costs for ITAP:
- Non electronic ITAP valid for 5 years (ITAP non elektronik dengan masa berlaku 5 tahun): Rp 3,500,000
- Electronic ITAP (E-ITAP) valid for 5 years (ITAP Elektronik (E-ITAP) dengan masa berlaku 5 tahun): Rp 3,700,000
- Extension of non electronic ITAP for unlimited period (Perpanjangan ITAP non Elektronik untuk jangka waktu yang tidak terbatas): Rp 10,000,000
- Extension of electronic ITAP (E-ITAP) for unlimited period (Perpanjangan ITAP Elektronik (E-ITAP) untuk jangka waktu yang tidak terbatas): Rp 10,200,000
- Replacement of 5 year non-electronic ITAP that is still valid due to damage/loss (Penggantian ITAP Non Elektronik masa berlaku 5 tahun karena rusak/ hilang dan masih berlaku): Rp 1,500,000
- Replacement of 5 year electronic ITAP (E-ITAP) that is still valid due to damage/loss (Penggantian ITAP Elektronik (E-ITAP) masa berlaku 5 tahun karena rusak/ hilang dan masih berlaku): Rp 1,700,000
- Replacement of non-electronic ITAP with unlimited validity due to damage/loss (Penggantian ITAP Non Elektronik untuk jangka waktu yang tidak terbatas karena rusak/ hilang): Rp 3,000,000
- Replacement of electronic ITAP (E-ITAP) with unlimited validity due to damage/loss (Penggantian ITAP Elektronik (E-ITAP) untuk jangka waktu yang tidak terbatas karena rusak/ hilang): Rp 3,200,000
For NO reason should you be asked to pay more than the above. The process should take about 3-4 weeks, assuming all your paperwork is in order. However it can take up to six weeks, so it's best to apply with plenty of time to process before your ITAS expires.
When looking at the visa requirements, pay particular attention in the laws (above) to:
Pasal 54 b. keluarga karena perkawinan campuran;
Pasal 60 (2) Untuk mendapatkan Izin Tinggal Tetap bagi pemohon sebagaimana dimaksud dalam Pasal 54 ayat (1) huruf b diberikan setelah usia perkawinannya mencapai 2 (dua) tahun dan menandatangani Pernyataan Integrasi kepada Pemerintah Republik Indonesia.
Pasal 141 b. suami atau istri dari perkawinan yang sah dengan warga negara Indonesia yang usia perkawinannya lebih dari 2 (dua) tahun dan memegang Izin Tinggal terbatas berdasarkan Undang-Undang Nomor 9 Tahun 1992 tentang Keimigrasian dapat langsung diberikan Izin Tinggal Tetap menurut ketentuan Undang-Undang ini;
Pasal 143 Pada saat Undang-Undang ini mulai berlaku, peraturan pelaksanaan dari Undang-Undang Nomor 9 Tahun 1992 tentang Keimigrasian (Lembaran Negara Republik Indonesia Tahun 1992 Nomor 33, Tambahan Lembaran Negara Republik Indonesia Nomor 3474) dinyatakan masih tetap berlaku sepanjang tidak bertentangan atau belum diganti dengan yang baru berdasarkan Undang-Undang ini.
Pasal 145 Undang-Undang ini mulai berlaku pada tanggal diundangkan.
Put all together, with the full provisions, this means that:
If you are legally married to an Indonesian spouse for more than 2 years (and have the paperwork to prove it) and that you already hold an ITAS sponsored by your Indonesian spouse pursuant to the old UU 9/1992, you are eligible for an immediate conversion of your ITAS into an ITAP.
As soon as the law was signed/legalized, it came into force, replacing UU 9.
Step 1: Starting the Conversion to ITAP Process
After having filled all the documents listed above you will be able to start the first step: the application to the Kantor Imigrasi.
For your application, you will be first be received by a petugas of the Seksi Statuskim. He/she will tell you if all your documents are complete or if you need additional documents or if you need to have any of the documents legalized or translated. This official's role is to verify if your file is complete. It may take repeated visits to clarify your rights under the new law (to the official) and establish that you have all the necessary documents to end the verification step.
Once all documents are completed you will be directed to the Seksi Wasdakim, for a possible interview. The role of the Seksi Wasdakim in this application process is to verify the reliability of your sponsor, to check if you are not blacklisted and to check your activities in Indonesia. They may interview you and/or your sponsor to know what you are doing, to check if you and your sponsor are financially reliable. They may ask questions about your marriage, kids, etc. They may even make a visit to the address you have given on your application form to confirm that you do actually live there together with your spouse. This should be a relatively easy step. As soon as the head of this section signs all of the forms in your file, your case will proceed to the next desk quickly. Technically, the Seksi Wasdakim cannot do much to delay your application if:
- All your marriage documents are in order.
- You or your spouse can show an adequate income.
- You are not working illegally
The above are the only three points that could be argued in this section. If, someone in the Seksi Wasdakim asks about how you are going to finance your 5 year stay, you could mention article 61 of the immigration UU 6/2011:
Pemegang Izin Tinggal terbatas sebagaimana dimaksud dalam Pasal 52 huruf e dan huruf f dan pemegang Izin Tinggal Tetap sebagaimana dimaksud dalam Pasal 54 ayat (1) huruf b dan huruf d dapat melakukan pekerjaan dan/atau usaha untuk memenuhi kebutuhan hidup dan/atau keluarganya.
The holder of a Temporary Residence Permit as intended in Article 52 letter e and letter f and the holder of a Permanent Residence Permit as intended in Article 54 paragraph (1) letter b and letter d may work and/or do business to provide a living for him/herself and/or for his or her family.
You can definitively say something like: “I have my own income, but with the perspectives authorized by the new law, I plan to invest in Indonesia."
Once your application is endorsed by the Kasi Wasdakim, acknowledging that no problems have been found with your sponsor or yourself, the file will go back to the Seksi Statuskim. At this point, the Kasi Statuskim will have to write a letter of recommendation to be signed by the Kakanim. This letter of recommendation, after being signed by the Kakanim will be returned to the Seksi Statuskim which will have to officially notify DitJenIm that an ITAP application has been started.
The Kasi Statuskim will give you the letter of recommendation to be brought to the KanWil. They may also decide to send it themselves, but without a substantial financial motivation, they will probably let you be the courier. This envelope should include:
- The letter of recommendation
- A copy of all your documents (anything you have been given to them, application forms, letter of sponsor, marriage certificate, etc.)
Download the Immigration Law - in Bahasa Indonesia
There has been a lot of BUZZ about the passing of the new immigration law (which replaced the 1992 Immigration Law), and how it affects mixed nationality couples living in Indonesia.
Remember, this Immigration Law is not specifically about mixed couples, which are addressed in 5 or 6 articles only, out of the 140+ in the law! The components highlighted below only cover those legally married to Indonesians or children of mixed marriages.
Some of the highlights of the new law include:
- An Izin Tinggal Tetap (ITAP) can be issued to a foreign spouse after a period of two years of marriage. This is a significant change. The ITAP is issued initially for five years and then will be renewed for an unlimited period. The ITAP holder will only be required to report to the immigration office once every five years for an "administrative renewal" — for free — instead of the annual renewal currently required. However, under the new fees schedule announced in July 2014, the fee for the renewal after the first five years will be a very hefty Rp 10,000,000!! Note: the foreign spouse still has to obtain an ITAS for the first two years of your marriage.
- Foreigners who have been married to an Indonesian citizen can maintain their residency permit even after a divorce or the death of the WNI spouse. If they have been married less than 10 years, they are required to have a guarantor who is an Indonesian citizen.
- Right of residency (ITAP) for children born from a mixed marriage, even if they choose a foreign citizenship past their 18th birthday. The Citizenship Law (UU No. 12 Tahun 2006) granted dual citizenship to kids born from mixed marriage, BUT they had to choose between their foreign or Indonesian citizenship, and had no legal way to remain in Indonesia (unless they found a company to sponsor the visa for work purposes). This is a MAJOR positive change, in line with the 2006 Citizenship Act. Even if our kids choose to take on the foreign nationality past their 21st birthday, they will now still be able to remain in Indonesia with a Residency Permit.
- This law doesn't change/affect restrictions on ownership of property by expats, as that is governed by the Agrarian law.
- You will still need an exit/re-entry permit to leave Indonesia and return within your visa period.
- In spite of Article 61 in the New Immigration Law, foreigners married to Indonesians are still not allowed to be employed by any legal entity without a work permit issued by Depnakertrans. They may work only on an informal basis as self-employed professionals or run a small business.
- It is possible for a foreign spouse holding a work permit from a company to convert from a company-sponsored ITAS to a spouse-sponsored ITAP, provided that the couple has been married for at least two years. This involves a change of status (alih status) rather than a change of guarantor (alih sponsor) as is made clear in Surat Edaran Alih Status ITAS ke ITAP No IMI-2971-GR.01.13 Tahun 2013.
Regulations regarding How to Register your Marriage with Catatan Sipil.
If you don't register your marriage with the Catatan Sipil office in Indonesia, then the marriage is not considered legal in Indonesia.
Step 1: Legalizing your overseas marriage documents
If you were married overseas, you must take a registered copy of your (foreign) marriage certificate to the consular section of the nearest Indonesian consulate or embassy. Ask the consular staff to consularize (disahkan) a translation of the marriage certificate and a copy of the foreign marriage certificate. Often the consular office staff can often assist you with the translation, for an additional fee. The local consular officials are familiar with local legal documents and this "disahkan" process shows that they certify that this is a legal document in that country.
Step 2: Registering your marriage in Indonesia
The Indonesian government requires that all marriages conducted abroad be registered in Indonesia at the Kantor Catatan Sipil within thirty days of the marriage or your return to Indonesia. If you haven't registered within one year of marriage, the registration can still be completed, but you will need to pay a fine, so the sooner you get it done, the better!
Relevant regulation: Undang-Undang Administrasi Kependudukan No 23 Tahun 2006: Pasal 37 ayat (4) "Pencatatan perkawinan sebagaimana dimaksud pada ayat (1) dan ayat (2) dilaporkan oleh yang bersangkutan kepada Instansi Pelaksana di tempat tinggalnya paling lambat 30 (tiga puluh) hari sejak yang bersangkutan kembali ke Indonesia."
Go to the Catatan Sipil office in the district where the Indonesian spouse has residence (and the documents to prove it). What is required for the registration?
- photocopies of your passport, buku nikah, buku POA, and the visa card with the photo inside that is stapled to your buku POA.
- photo of you and your spouse side by side in front of a red background. Most photo shops in Indonesia can do this - just tell them it's for an official document application.
If you had drawn up a prenuptial agreement overseas to deal with foreign assets be advised that you will need to have an Indoensian pre-nup as well, it is required/recommended should your Indonesian spouse intend to buy property in Indonesia in the future. Remember to get that legalized as well and present it at the Catatan Sipil.
You can opt out of getting an old version of the KTP and get your photo and fingerprints taken for the electronic KTP instead. This is also a good time to make any needed corrections on your Kartu Keluarga. There should be no cost for this.
If you have a mixed faith marriage there may be additional questions and hoops to jump through, and even the possibility of a brief hearing in front of a judge with witnesses to prove that you are in fact living together as husband and wife.
Legalizing of Foreign Documents by Indonesian consular offices
When you "legalize" a foreign document at an Indonesian consular office abroad this is also referred to as consularize or disahkan. The local consular office officials (in an embassy or consulate) are familiar with local legal documents and this "disahkan" process shows that they certify that this original document is a legal document in that country. They often require an Indonesian translation of the document, and are often willing to assist you with that translation for an additional fee.
There is also a process called "apostille" which authenticates documents for international business and legal matters. An "apostille" is an authentication issued to documents for use in countries that participate in the Hague Convention of October 5,1961. If the country of intended use does not participate in the Hague Convention, documents being sent to that country may obtain a Certificate of Authentication. In the US this legalization is conducted by each state's office of the Secretary of State.
With the passing of the Immigration Law (Undang Undang 12 tahun 2006 tentang Kewarganegaraan), an Indonesian spouse (husband or wife) can sponsor a foreign spouse for semi-permanent residency (ITAS - one year stay). If you are newly married, the foreign spouse will need to get an ITAS to live in Indonesia.
One of the most basic questions we receive is “Will marriage to an Indonesian give me permanent residence there?” Since the advent of the new marriage law, No 16 Tahun 2019 Tenteng Perubahan Atas Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan the answer is "Semi-permanent is possible for legally married couples, that is, those married in Indonesia who are registered at the Kantor Urusan Agama or Catatan Sipil office won't have problems. Those married abroad have to make sure that their foreign marriage has been registered at the consular office at the KBRI, KJRI or KRI, or the Catatan Sipil office in Indonesia and that they have a Surat Tanda Bukti Perkawinan. See Getting Married for more information.
6 month ITAS for Younger Spouse
A six-month ITAS may be issued to a foreign spouse who is under 25 or who has less than 5 years work experience. Alternately, the spouse should be eligible for a 12-month Kitas through an employer.
Sponsorship of Visas for Expat Spouse by their Indonesian Spouse
The foreign spouse should obtain a Visa Tinggal Terbatas (Temporary Residence Visa) at the Indonesian Embassy in their home country in order to enter Indonesia. After obtaining a Tanda Masuk (Entry Permit), a foreign national who holds a Temporary Residence Visa must apply to the local immigration office for an Izin Tinggal Terbatas - ITAS (Temporary Residence Permit). It is also possible to enter Indonesia with a Visa Kunjungan (Visit Visa) on arrival and convert this to an ITAS, although the holder of a Visa Kunjungan must be in possession of a ticket for a return or onward flight in order to obtain such a visa.
Though one could apply for a VITAS (sponsored by Indonesian spouse) from an Indonesian embassy abroad, having previously obtained the agreement of the DitJen Imigrasi in Jakarta, the procedure described below may be somewhat easier. It allows you plenty of time (you first enter on a Visit Visa, which can be extended up to 6 months) to convert it to an ITAS. Having almost 6 months to do so, it leaves almost no chances for the immigration officials to extort bribes from you, if you proceed in processing your application. It also offers the advantage of not having to depart from Indonesia to an Indonesian embassy abroad to "pick up" your new semi-permanent resident visa.
Here is the procedure:
- The foreign spouse gets a Visa Kunjungan abroad and gets an Izin Kunjungan delivered for a first period of 60 days at the port of entrance.
- The foreign spouse goes to his local Immigration Office, along with his Indonesian spouse to apply for the conversion of his Izin Kunjungan to an ITAS.
- The sponsor “buys” the needed forms (IDR 10K to IDR 25K) and fills out a written demand. A “Riwayat Hidup” of the foreigner, and a bank statement showing that the couple has enough funds to live for one full year in Indonesia should be attached.
- In addition to the above, the sponsor should submit:
- Akte Perwakinan asli (Kristen, Hindu, Buddhist) or Buku Nikah asli (Islam) or Surat Tanda Bukti Lapor Perkawinan asli (overseas wed)
- Wife's KTP
- Husband's Passport
- Usually, 2 extra sets of photocopies are requested for each set of documents.
- Imigrasi will then issue a document to be brought to the Kantor Wilayah. It is a letter which says that after reviewing all the documents, he has no opposition for the conversion of the immigration status. Allow a couple of days to get the letter signed by the KaKanIm.
- After reviewing all your documents, the Kepala Divisi Keimigrasian of the Kantor Wilayah will issue a letter stating his positive opinion about the change of status of the foreign husband. This letter, along with a set of all the documents, should be brought or sent to Bpk Direktur Izin Tinggal dan Status kemigrasian in the DitJen Imigrasi situated in Jln Rasuna Said Kav 8-9 in Jakarta. Allow 1 day for the KanWil to sort out the document. There is no fee for the letter, but anything like IDR 10K to IDR 50K should help the lady to type faster. If you live far from Jakarta, you can send the documents by Tiki from the KanWil to the DitJen. That seems to work well.
- Upon reception of the letter of the KanWil, after reviewing all the documents the Kasubdit Alih Status Keimigrasian on behalf of the Direktur Izin Tinggal dan Status Kemigrasian should issue a Keputusan Direktur Jenderal Imigrasi nomor: (the number/reference of the Keputusan) tentang Alih Status Izin Kunjungan menjadi Izin Tinggal Terbatas atas nama: (Name of the foreigner) stating that a new status can be granted to the foreigner. Allow a week to 10 days for this keputusan to be ready from the time you delivered all the documents to the DitJen. Monitor it on the phone at (62-21) 5224658 ext 2521. Don't hesitate to phone 15 times a day, you need luck to have someone answer the phone!
- You, or any relative (holding a “Surat Kuasa Khusus” from you), should pick up the Keputusan DitJen directly from the Sub-Direktorat Alih Status Keimigrasian.
- In fact, the DitJen will issue 3 copies (1 for you, 1 for the KanIm, 1 for the KanWil). You need to bring it back victoriously to the KanWil which will give you a letter authorising the KanIm to start to process an ITAS .
- It is not necessary to submit passport photos as they will be taken at the Kantor Imigrasi. Fingerprints will also be taken.
- Then comes the time to pay the fee for the ITAS: IDR 1,400,000 for a 2 year non-electronic ITAS or IDR 1,600 for a 2 year electronic ITAS, IDR 800,000 for a 1 year non-electronic ITAS or IDR 1,000,000 for a 1 year electronic ITAS, if your passport has a minimum of 18 months remaining validity, or IDR 450,000 for a 6 months non electronic ITAS or IDR 650,000 for a 6 months electronic ITAS, if your passport has 12 months remaining validity.
- If your KanIm is online with the DitJen, a small problem may occur. After delivering the Keputusan DirJen, Jakarta often “forgets” to finalise the procedure and to enter the “OK” in the system... which means that your KanIm cannot process your payment! First time in your life that Imigrasi will refuse your money... enjoy the moment, it generally doesn't happen often! If it happens, no worries, just telephone to the number given at point 8 (or fax : 021- 52962095... this one is the fax of the SubDit Alih Status)
- The Kantor Imigrasi will then stamp an ITAS in the foreign passport and an ITAS (Kartu Izin Tinggal terbatas) will be issued.
- At that point, it is advisable to ask for an “Izin Masuk Kembali” to be stamped in the husband's passport. Without it, the ITAS holder “loses” his ITAS if he goes out of Indonesia. Better then to have it, if you don't want to do this process all over again. Do a search in the archives of the Expat Forum for the official fees attached to the Izin Masuk Kembali.
- The foreigner has to go to his Kantor Lurah to get a Surat Keterengan Domisili stating his formal address in Indonesia and he should bring this letter to his Catatan Sipil to get a SKTT (Surat Keterangan Tempat Tinggal), a SKPPS (Surat Keterengan Pendaftaran Penduduk Sementara) and a SKDLN (Surat Keterengan Datang dari Luar Negeri). A foreigner staying on an ITAS MUST register at the Catatan Sipil for the above documents. It will help smooth our ITAP procedures later if you've done this required step. In fact, chances are that the CaPil compile the three documents and issue a nice greenish card attesting your residency and registration as a temporary resident for the length of the ITAS . Fees for it are defined by Peraturan Daerah and vary depending on each kota/kabupaten. It shouldn't cost more than IDR 150K. More information on applying for a SKPPS
Be careful to note that you have ONLY 14 days to register after the date of issuance of the ITAS (Pasal 20, undang undang 23 tahun 2006 tentang Administrasi Kependudukan). Failure to do so in time would expose you to a fine of a maximum of IDR 2.000K (Pasal 89, undang undang 23 tahun 2006 tentang Administrasi Kependudukan).
- Your next move will be to go to the Direktorat Jenderal Pajak to get a NPWP, the husband's personal tax number.
Please Note the following:
- An ITAS, as described above, sponsored by an Indonesian wife, does NOT allow any kind of work by the expat husband.
- You will have to renew the ITAS at least 1 month before its termination. Annual renewal also applies for SKTT, STM and SKPPS.
- Any change in your residency or civil status must be reported to the Kantor Imigrasi, the Police and the Catatan Sipil during the validity of your ITAS .
- Only legally married (i.e. recognised by Indonesian law) wife/husband are authorised to follow the above described procedure.
- If one day the ITAS holder decides to terminate voluntarily his ITAS and to exit Indonesia (e.g. relocation in a foreign country), he needs to first apply for an Exit Permit Only at the Kantor Imigrasi of his residence and report to the Catatan Sipil.
- Providing that all the requested documents are submitted by the sponsor in the correct timing, providing that you don't use the services of a friend/calo and that you submit yourself all the documents in the relevant administration (KanIm, KanWil, DitJen) you should not have trouble.
- Please, don't let corrupted Pejabat abuse you. Don't pay anything more than the legal fees. You will regret it bitterly and enter in a spiral that you can in no way control. If you start to pay bribes, you may void your right to complain if the things turn out wrong.
- The total procedure should last around 1 to 2 months roughly. Note that you have 30 days “only” to get the ITAS issued after the issuance of the Keputusan DirJen.
- Don't forget to extend your Izin Kunjungan, if needed, during the procedure!
Our thanks to Atlantis for researching and Marilyn Ardipradja for updating this section's information! For additional details see this thread on the Expat Forum.
Multiple Entry Visit Visa: 12 Months Validity:
With the 2006 Citizenship Law, the foreign husband can also opt to get a multiple entry visit visa which valid for 12 months under the Indonesian wife's sponsorship. The telex approval will be send to your wife and you can bring the copy to the nominated Indonesian embassy abroad to pick-up the visa.
The expat spouse can also be the sponsor for a social visa which allows her foreign husband to stay for a maximum of 1-2 months at a time (with renewals up to 12 months). This visa, however, does NOT allow you to work.
Prior to obtaining the telex approval for your 12 Months Visit visa, you must first submit the following supporting documents at the Indonesian embassy:
1. Photograph size 4 x 6 cm with red background
2. Copy of your passport
3. Copy of your marriage certificate/marriage book
4. Copy of your Indonesian wife's ID card
5. Copy of your Indonesian wife's Family Card (Kartu Keluarga)
6. Sponsorship Letter signed by your wife
7. Copy of your bank statements
8. Fill-in Form Model 13 VIS K
At the Indonesian embassy abroad, you will be requested to fill-in Visa Application Form for Visit - Single/Several Journey(s). Choose "Several" instead of ''Single''. At the ''Purpose of Visit to Indonesia'' Section, please do not conflicting between choice number "10-Social'' and number ''15-Family Visit''.
The number 15 is for family member when you have a family in Indonesia and you visit them in Indonesia with their sponsorship. The number 10 is for non-family members, such as, if you have an Indonesian girlfriend, and you want to visit her in Indonesia under her sponsorship.
For online photo taken and finger printing at the Indonesian Immigration office service point, the foreigners should wear a formal outfit and shoes, not allowed to wear short pants, nor T-shirts, nor rubber/plastic sandals.
Please be aware that a person may be denied entry to any Immigration Office if considered to be dressed inappropriately. Men should wear long trousers and shoes, not sandals. Women should wear knee length dresses or skirts or long pants and tops that are not revealing.
Foreign spouses of Indonesians can enter Indonesia on a Visa On Arrival (VOA) visit visa initially, then try to find a sponsoring organization (job) after their arrival. The Visa Kunjungan or Visa Tinggal Terbatas is preferable to a Visa on Arrival (VOA) since the VOA cannot be extended past 60 days; you have to leave Indonesia and re-enter the country on a new 60-day VOA.
You must obtain the Visa Kunjungan or Visa Tinggal Terbatas from an Indonesian embassy overseas before entering Indonesia. Your Indonesian spouse can sponsor the Visa. If the Indonesian spouse sponsors the visa and then the foreign spouse finds formal employment, he/she will need to leave Indonesia and go to Singapore, for example, to have the new visa (that his new employer obtains) stamped in his passport and reenter under the new sponsorship.
One person's advice: If the foreign husband does not work, he could transfer money from abroad to an Indonesian bank and save the receipt from the bank, in order to prove that he leaves with his own money. No Indonesian law forbids a foreigner to stay on a Visa Kunjungan without working. The foreign husband will just have to exit Indonesia every two months and re-enter with a new visa. An immigration officer will may be try to refuse to extend the stay of the husband beyond his fourth month of stay, arguing that they don't know how you are living. But you can overcome this problem by then asking politely to the kantor wilayah of your town of residence and showing all the receipts of the money transferred from abroad. Advice from an expat husband who has lived in Indonesia and stayed on a Visit visa for 5 years.
Opening a Company - Foreign Investment Visa
Some foreign men married to Indonesians choose another route - by starting a business which is owned by the wife, her family or friends. The business can then apply for a work permit for the foreign husband as an expert. Of course this depends on your area of expertise. For example, if you are an expert diver, your wife can open a dive shop and hire you to teach diving. If you are a chef, your wife can open a restaurant, etc.
In some fields, such as management consulting, a foreigner can open a
100% foreign owned company. These regulations change often, so check
with a consultant or lawyer to determine whether or not these might be
viable options for your situation.
With the advent of the new citizenship law (Law No. 12 of 2006) the children of mixed marriages have the right to hold dual citizenship until they are 18 years old. At 18, they must choose whether to stay Indonesian citizens or follow the foreign citizenship. They will be then given three more years to decide on which nationality to choose. If they are married before the age of 18, their dual citizenship will be revoked.
0 to 18 y.o: Dual citizenship allowed (conditions apply)
18 to 21 y.o: Dual citizenship tolerated, transition/thinking period
21+ y.o: Dual citizenship forbidden by Indonesian government, child must choose one nationality
Prior to their 22nd birthday, dual nationals are required to pay a Rp 1 million administrative fee to the Immigration Office in order to retain their Indonesian citizenship.
Any children born after 1 August 2006 are automatically entitled to the indonesian citizenship as per law 12/2006 (Undang-Undang Nomor 12 tahun 2006 Tentang Kewarganegaraan), meaning that no procedure is required. Just go to the Kantor Imigrasi and get your children a passport, showing their birth certificate (and a few other documents - they will give you the list).
Your children will be entitled by Indonesian Law (check with your own country's laws for the foreign citizenship rules) to have dual citizenship until the children reach the age of 18. The children then have three years to choose one of the two citizenships as their citizenship, meaning that the children will “release” one of them. The day after their 21st birthday, if they have not notified the Immigration Directorate or the Indonesian government of their desire to remain an Indonesian citizen, they will lose their Indonesian citizenship and be automatically considered a foreigner.
With dual citizenship your child will hold two passports. One condition of Indonesia's dual citizenship law is that the child must consistently use the same passport leaving and entering Indonesia, choosing either one of them.
You may decide not to deal with the Indonesian citizenship (though I would not advise it, unless if it is to allow you time to process the child's foreign citizenship) and process an ITAS (temporary residency permit for foreigners). By birth, your children are automatically entitled to the Indonesian passport, if you decide to get it. No immigration officer can say otherwise, since this is an automatic right.
For information on an ITAP for children of mixed marriages and ITAP holders, refer to Pasal 54 (1) c and Pasal 60 (3) of the new immigration law.
Don't let any corrupt officials ask you for more money than the correct fee. Your child has rights and there is no way that the government officials can refuse to process their citizenship application. A firm warning that you are ready to complain if anyone gives you difficulties should be enough.
How to proceed:
BE AWARE that you only had up to August 2010 to apply for the dual citizenship. After this date, your children's rights will be void if they are born before August 1, 2006.
Outside Indonesia, contact the KBRI/KJRI of your home country. They will guide you through the process.
July 2009 - Affidavit and Paspor RI for kids born from mixed couples
Dealing with the citizenship of kids born from mixed couples has been for long a headache for the parents, especially when the father was a foreigner. Since 2006, a new citizenship law has been enacted, allowing these kids to have a temporary double citizenship, until they reach the age of 21. (From eighteen years old, they are given up to three years to choose to keep one and only one of the two citizenships).
However, the situation at their birth is still unclear for many with different rumors circulating. There are indeed two different procedures/cases, depending on if the child is born before or after the implementation of the 2006 law.
Case 1: For Children Born Before August 1st, 2006
Children born before August, 1st 2006 are not automatically entitled to Indonesian citizenship. Their Indonesian citizenship is granted after an assessment and a procedure lasting 4 to 6 months which ends with the deliverance of a Surat Keputusan signed by the Minister of Justice and Human Rights. The procedure is initiated at the Kantor Wilayah (if the residence is in Indonesia) or at the KBRI (if the residence is outside of Indonesia). A few forms need to be filled out along with legalized copies of documents such as Akta Perkawinan of the parents, Akta Kelahiran of the kid, Kartu Keluarga, etc. The procedure costs (IDR 500.000) and quite a few KanWil around the country have been known to be abusive about extra charges. But one can still get the procedure done by the book.
Beware, if your child was born before August 1st, 2006 you only had until August 1st 2010 to register and initiate the procedure. The 2006 Indonesian citizenship act gives only four years for children falling under this category to claim their right to Indonesian citizenship.
For them the situation is less complicated. Being born after the law took effect, these children are automatically entitled to Indonesian citizenship. Automatically doesn’t mean that one has nothing to do, there are still some procedures. The first step is to have an Akta Kelahiran (birth certificate) issued for the child. Then, one should go to Imigrasi (no hurry, there is no fine nor time limit) to initiate the affadavit procedure for their passport:
1. Ask for and complete the form named “Permohonan Pendaftaran untuk Mendapatkan Fasilitas Keimigrasian“
Submit all of the above to your petugas Imigrasi di tempat and give the electronic signature.
The cost should be about Rp 150,000, with perhaps an additional administration fee of about Rp 55,000.
An affidavit, stamped into a foreign passport is enough to authorize our kids to stay in Indonesia without requesting a permit and/or to exit the territory of Indonesia. No need to have an Indonesia passport. However, we strongly advise to apply for an Indoensian passport for your children, especially if you plan to travel outside of Indonesia and if you want him/her to be aware of his/her double citizenship through the official documents.
To make an Indonesian Passport for your child born from a mixed marriage is a simple thing … as it can be done in Indonesia.
1. Go to KanIm and ask for a Perdim 11 form and fill it out
After an amount of time that can vary from a few hours (inflated fee) to a few days (legal fee – they usually tell you to come back in 3 or 5 days), your child will have his/her photo taken, along with his/her fingerprints (taking the fingerprint of a 6 month old is good fun) and you will be asked a few questions in an interview (wawancara).
It is wise to have all the originals with you at the interview and a few extra photos of the child. Then comes the time for payment: IDR 200.000 for a paspor blanko 48 halaman (48 pages passport)+ IDR 55.000 for the payment of the biometric photos + IDR 15.000 for the fingerprinting. If you pay this and only this, your child’s passport will be ready in four more days, not more.
If you get the dual citizenship the official way, your kids will have two passports but in their foreign passport they will have an official affaidavit stamped in it from the Indonesian immigration saying that they have dual citizenship. This enables you to avoid having an ITAS for your children and allows them to travel freely without a visa to either of the two countries. Having the affidavit is essential and will prevent a lot of problems!
The affidavit is stamped into the foreign passport and Indonesian passport as a "Keterangan" referring to the citizenship law of 2006. Every child has to be registered, if you want that child to hold the dual citizenships. That affidavit is absolutely necessary. The immigration officer will ask why you don´t have that affidavit in the child's foreign passport, if you don't have it.
Check with your embassy/consular office if your country of origin doesn't allow dual citizenship for children, to try to come up with a solution that works for you!
Relevant Citizenship Laws/Regulations:
Note: in the past many immigration officials at the airport seemingly disregarded the fact that a child returning on an Indonesian passport had no subsequent passport stamps for travel after the previous departure from Indonesia. Since the advent of the recent immigration law changes - more attention is being paid to these discrepancies - leading to questions about second passports and dual citizenship. It will be to your advantage to have all your documents for the dual citizenship and affidavits in perfect order so that your returning children don't have difficulties when they try to re-enter Indonesia.
Visa Information for Foreign Children
Some ways to handle visas if you decide not to proceed with dual nationality: An ITAP (5 year resident visa) can be obtained for the children of a mixed marriage. This ITAP status can be applied for with the Indonesian parent's sponsorship.
An Indonesian mother can sponsor an ITAS for her foreign nationality children. The visa will say "Turut Ibu Kandung" (following birth mother). You must submit a letter of financial support with the ITAS application, stating how much the foreign father is willing to give the mother and child monthly for support.
Children born out of wedlock
If an unmarried Indonesian woman has a baby with an expatriate man and wants the baby to be an Indonesian citizen, this is now possible with the advent of undang undang 12 tahun 2006, Pasal 4 huruf g, which states: "anak yang lahir di luar perkawinan yang sah dari seorang ibu Warga Negara Indonesia". In other words, a child out of wedlock born from an Indonesian parent is granted Indonesian citizenship by the government, as long as the Indonesian parent acknowledges their parentage.
To our knowledge, for the child to have dual citizenship, the parents must be legally married.
Education concerns for children
Most international schools are now open to Indonesian and foreign nationals. Though the costs are high, the education is highly superior to the Indonesian school system. Foreign children can also attend Indonesian schools, if their parents so choose.
Since foreigners aren't allowed to own homes in Indonesia, if the couple plans to buy a house, it will have to be solely in the name of the Indonesian spouse, and/or his/her family members. It may be impossible to borrow money from a bank to purchase a home as the bank will recognize that ownership of the foreign spouse's half of the home will revert to the Indonesian government in the case of a default on the loan.
If the couple has a prenuptial agreement, or makes a postnuptial agreement for separation of assets, the Indonesian spouse can purchase a home in Indonesia.
Foreigners can purchase high rise apartments or homes in real estate developments. The purchase is based on a contract with the developer saying that title for the apartment stays in the developer's name until such time as the laws are changed so that the ownership of the apartment can be in the foreigner's name. Needless to say, seriously consider whether or not you can trust the developer to honor the contract.
Visa Status for Foreign Wives
The Indonesian husband can easily apply for his wife to obtain ITAS (or ITAP if you've been married more than 2 years) for her with the status 'ikut suami', accompanying the husband. The assumption of the Indonesian government has been that these foreign women are housewives, at home raising the children and not in the job market. The foreign wife is allowed to reside in Indonesia under this status, but not allowed to work. The basis for this sponsorship is the marriage certificate. Besides that, you need a letter of sponsorship from your husband, your passport, your husband's ID card and his family card (Kartu Keluarga).
See Registration of Marriages Conducted Abroad
If a foreign wife of an Indonesian is on an ikut suami status and wants to leave Indonesia, she must have a letter stating that her husband has given his permission for her to depart. This letter is needed in order to apply for an exit/reentry permit at the immigration office. This regulation is a formality, but can cause difficulties in the case of a separation, divorce or an attempt to spirit children out of the country.
Sample letter for exit/return entry permit for foreign spouse
For more information, see Getting Married
A foreign spouse of an Indonesian citizen may not work in the formal sector unless he/she has a work permit, just like all other foreigners. This requires special qualifications and can be complicated unless the spouse has skills companies here are desperate for and willing to go through the hassle of all the paperwork which is expensive and time consuming.
With recent changes to the citizenship law, it is generally understood that a foreign spouse can work in the informal sector as a consultant, teaching English privately (not at a school), doing freelance translation, owning a small business, etc. without a formal work permit. While this is "generally understood" there is no formal policy or law stating this to be the fact, so proceed with caution!!
See also Applying for an ITAP
Many foreign spouses of Indonesians face difficulties in obtaining a permanent residency permit (ITAP) which will allows them to stay in Indonesia for 5 years at a time and makes it easier to get a work permit. A 2007 regulation from the Law and Human Rights Ministry and the 2003 Law on Manpower provides clear and explicit procedures only for those who are sponsored by companies. Foreigners sponsored by their Indonesian spouses can get an ITAP valid for five years, if they have already resided in Indonesia on a KITAS, but cannot work in the formal sector (in offices) unless they obtain a work permit.
Before going to immigration:
- Prepare two photocopies of all required documents (see below)
- Have extra photos ready. Two each of 2x3, 3x4, 4x6 – just in case.
Documents you may be asked to provide for an ITAP application:
- Sponsorship letter from your Indonesian spouse
- Letter of Request (Surat Permohonan) asking to change status from KITAS to KITAP signed on Rp 6.000 meterai tax stamp
- Original KTP card of Indonesian spouse
- Original Family Card (Kartu Keluarga)
- Original Marriage Certificate (Surat Nikah)
- Letter of Marriage Permission from Embassy (Ijin Nikah dari Kedutaan Besar) - for newlyweds
- Bank Account with a minimum credit of Rp 10 million
- Original Passport of foreign spouse
- KITAS card
- Current Civil Registrations - STM, SKTT
- Fill in form from Director General of Immigration (see below)
And possibly you could be asked for ...
- CV of foreign spouse
- Copy of medical / health insurance of foreign spouse
- Bank account records for foreign spouse (for the last three months)
There are two forms to fill in from the Immigration office – both of which can obtained at immigration, which includes the folder (pink) to put it in. Forms and folder should be free.
Step 1 – Warung Buncit Immigration office (we use this office as an example)
Take filled in forms to the 2nd floor of Warung Buncit Immigration office (if you are in Jakarta Selatan) and hand in at the appropriate window. They will tell you to come back in one, two or three days to pick up a letter.
Step 2 – Warung Buncit Immigration office
Pick up the letter you were told to come back for and take it to the Kantor Wilayah in Cawang (Kementrian Hukum dan Hak Asasi Manusia DKI Jakarta (Kanwil Hukum & HAM) Jl. MT Haryono No 24, Cawang). The office in Cawang will tell you to buy a folder (different color) to put everything in and then tell you to come back in one, two or three days to pick up a letter.
Step 3 –Direktorat Jendral Imigrasi
Pick up the letter you were told to come back for and take it to the section for Alih Status ITAS ke ITAP at the Dirjen office (Direktorat Jendral Imigrasi Kementrian Hukum & HAM) at Jl Rasuna Said, Kuningan. They will tell you to come back in one, two or three days to pick up a letter to take back to the Cawang office. Get a phone number because this office is always late with its letter for you and it’s just such a hassle to turn up and not be able to get it.
Step 4 – Department Hukuman
After having rung up and checked the letter is actually ready go, go back here and pick it up. Take this letter back to the Cawang office. They will tell you to come back in one, two or three days to pick up another letter.
Step 5 – Cawang Immigration office
Pick up the letter you were told to come back for and take it back to the Warung Buncit Immigration office. They will tell you to pay the fee – Rp 3.5 million for a new non-electronic ITAP or Rp 3.7 million for a new electronic ITAP. They will then tell you when to come back to pick up your ITAP. You will also be told to photocopy certain documents. They will then tell you to come back in a week, possibly less, to pick up your new ITAP.
Step 6 – Warung Buncit Immigration office
When you have picked up your new ITAP you can go to the Exit/Reentry window on the second floor to do a two-year exit/reentry visa (you will also need a sponsorship letter from your Indonesian spouse for this). They will tell you to come back in one, two or three days to pick up your passport.
Step 7 – Warung Buncit Immigration office
Pick up your passport.
**Also at Warung Buncit They may also tell you that now you are entitled to a KTP Orang Asing – this is what all Indonesia citizens must carry around as proof of identity and used in legal documents, etc. You will be directed to the Suku Dinas office in Slipi (ask for the address). This office will give you a letter to take to the Suku Dinas office just off Jl. Radio Dalam (remember at each office you will be asked to come back in one, two or three days to pick up the next letter in the process). The Radio Dalam office will give you a letter to take to your Kelurahan (local sub-district office) who will then claim that no such document exists. Get a contact name at the Radio Dalam office so that when you are sitting in the Kelurahan you can instantly call the Radio Dalam office and let them explain the KTP Orang Asing procedure. The Kelurahan person will then suddenly remember the form in the filing cabinet and get you to fill it in. Just follow the instructions of the Kelurahan person and by one or two weeks you will have your KTP Orang Asing. It’s supposed to be free but you will be asked to pay, at your discretion, a nominal “administration” fee. There should be no cost involved if you do it yourself. If they begin to hassle you, just take your Indonesian spouse and let him/her handle it. It’s not worth the effort to lose control at this office.
Thanks to Ala of C-4 for this information on applying for a Kitap.
The foreign wife or husband of an Indonesian citizen has to stay for five full uninterrupted years on an ITAS or ITAP as (one of) the prerequisites to apply for Indonesian citizenship. The old UU 62/1958 gave a lot of facilities to foreign females married to Indonesian citizens. This was counter to the Indonesian constitution since all Indoensian citizens should be treated the same and there is no reason to discriminate against female Indonesians married to foreign men by making it harder for their foreign husband to reside and become an Indoensain citizen. Tthe new citizenship law has leveled the requirements. Any applicant for citizenship must be here for at least 5 years uninterrupted (or a total of 10 interrupted years of residency).
Speaking fluent Bahasa Indonesia is another requirement.
The only real difference for those married with an Indonesian citizen is that they are not required to have aN ITAP first to apply while those who are not married with a WNI MUST be AN ITAP holder first.
Expat wives of Indonesian men may consider changing their nationality for a variety of reasons including: to avoid ownership problems with their jointly owned property, to avoid inheritance problems upon the death of their spouse, to enable them to work without a work permit, to build their own business without the hassles of work permits and visas each year, or to help their husband's career. Often, it is a combination of various factors, along with the fact that their children are Indonesian citizens and decreasing ties in their home country due to a long residence in Indonesia.
Some foreign wives who have changed their citizenship to Indonesian may be able to arrange it so that they keep their foreign passports, yet be advised that according to Indonesian regulations this is illegal. Some countries allow you to give up your citizenship once in your life and still get it back again in the future, so check with your embassy to see what rules would apply and what the legal implications of giving up your citizenship would be.
Consider carefully the choice to change your citizenship. You may want to preserve your children's rights to foreign citizenship for the day they want to go to your home country for university education. Foreign student tuition isn't cheap! For more information see 2006 Indonesian Nationality Act - 2006 Citizenship law in English.
You can pick up the flier with info on how to become an Indonesian citizen (WNI) at your local KanWil office. Also ask for the forms that have the Surat Permohonan, etc. You will also need to provide the following:
- photo copy of your birth certificate
- photocopy of evidence of residence
- photocopy of the KTP and birth certificate of your Indonesian spouse
- photocopy of your marriage certificate
- a letter from immigration stating you've been in Indonesia for more than five years
- your registration from the police
- a letter from your embassy stating you renounce your citizenship
- a letter stating your acceptance of NKRI, Pancasila, UUD,45 etc. (this is a form letter you can obtain from KanWil)
- 6 passport photos 4x6
The processing time obviously varies a lot but you can expect it to take a while. No need to use an agent, just do it yourself.
Reference: Pasal 19 Undang Undang Nomor 12 tahun 2006 Tentang Kewarganegaraan RI:
(1) Warga negara asing yang kawin secara sah dengan Warga Negara Indonesia dapat memperoleh Kewarganegaraan Republik Indonesia dengan menyampaikan pernyataan menjadi warga negara di hadapan Pejabat.
(2) Pernyataan sebagaimana dimaksud pada ayat (1) dilakukan apabila yang bersangkutan sudah bertempat tinggal di wilayah negara Republik Indonesia paling singkat 5 (lima) tahun berturut-turut atau paling singkat 10 (sepuluh) tahun tidak berturut-turut, kecuali dengan perolehan kewarganegaraan tersebut mengakibatkan berkewarganegaraan ganda.
(3) Dalam hal yang bersangkutan tidak memperoleh Kewarganegaraan Republik Indonesia yang diakibatkan oleh kewarganegaraan ganda sebagaimana dimaksud pada ayat (2), yang bersangkutan dapat diberi izin tinggal tetap sesuai dengan peraturan perundang-undangan.
(4) Ketentuan lebih lanjut mengenai tata cara menyampaikan pernyataan untuk menjadi Warga Negara Indonesia sebagaimana dimaksud pada ayat (1) dan ayat (2) diatur dengan Peraturan Menteri.
Nationality of Children
As stated above, the Indonesian government regulations now allows dual citizenship of children born to an Indonesian man or woman and a foreign spouse.
If your child is born overseas, you must first obtain a birth certificate from the country of birth. Take this to the consular office at the Indonesian consulate or embassy and apply for an Indonesian birth certificate. The consulate will make an Indonesian translation of the foreign birth certificate and consularize the translation. This translation becomes the child's legal birth certificate for paperwork matters in Indonesia. Be sure that a copy of the foreign birth certificate is consularized (disahkan) by the Indonesian consular office as well. Once the birth certificate is in hand, you can choose to apply for the Indonesian citizenship.
Be certain to discuss the legal status of your child very thoroughly with the consular officials in your home country or your embassy in Jakarta before making decisions on dual citizenship and visas ... to determine if there will be any complications with prevailing laws in the home country of the foreign spouse.
Visa implications for children
Children born to Indonesian fathers or mothers do not need visas to enter or reside in Indonesia, if they hold Indonesian citizenship as per Undang Undang 12 tahun 2006.
In some cases, foreign mothers of these Indonesian children have been asked to provide proof of their husband's permission to take the children out of the country, if he is not traveling with them. This problem seems to arise when the last name of the foreign mother and the Indonesian children are different. If you are worried about being asked, be sure to carry a letter from your husband and show it to the immigration officials when departing Indonesia.
Education Concerns for Children
Children of mixed nationality couples can attend international schools, national & SPK schools, or public schools.
As the children of Indonesian men married to foreign women are, in most cases, Indonesian citizens, all the children and the foreign wife need to be listed on the husband's Kartu Keluarga (family card). The Indonesian husband is considered to be the Kepala Keluarga. If your husband is still on his parent's Kartu Keluarga, you need to arrange for a separate Kartu Keluarga for your family unit after your marriage. The document is obtained through your local RT/RW/Lurah and is the basic document on which all other documents are based - KTP, passport, etc. Be sure to have your children added to your husband's Kartu Keluarga after birth.
In some provinces/towns we're hearing that the officials are requiring a separate kartu keluarga for the foreign spouse (wife). Again this is a regulation that seems to be interpreted differently by different officials.
Historically, foreign wives of Indonesian men were listed on the husband's Kartu Keluarga once they had an ITAS ... but their documentation (visa number) appeared under the heading Kewarganegaraan. It has two columns W.N.R.I./Keturunan and Orang Asing.
The document SKSKP (Certificate Listing Family Members) is issued by Catatan Sipil for foreign wives on an ITAS (not yet an ITAP) by some offices, in place of putting the foreign wife on the husband's Kartu Keluarga. There seems to be some confusion on the proper paperwork with various offices.
A foreigner with a temporary stay permit would get a foreigner or visitors identity card (KIP) and a certificate listing family members (SKSKP). And a foreigner with a permanent stay permit will receive an identity card for foreigners (KTP WNA) and card listing family members (KK).
Persist in requesting the appropriate document as this is an important document for your family.
Legally, only Indonesians and the foreign spouse on an ITAP (permanent resident) can be listed on the same KK as the Indonesian husband. This is the regulation. Previously a foreign wife could get added to the KK once they had been issued an ITAS.
Many Catatan Sipil don't enforce it as long as the head of the family is not a foreigner. Many times a foreign wife and/or foreign children have been listed with no problem, though they should not actually be. Civil servants just don't know the law. However, if a foreigner has an ITAP (5 year permanent residncy) he/she can be listed on a KK. No real solution for KK inclusion is offered to foeigners on a simple ITAS.
Recently issued Kartu Keluarga are laminated, so that you cannot make corrections/additions by yourself. In order to get a person added to the card, you have to have a Head of Household who must show his ijasah (school diploma) and then you MUST show proof of birth and relationship to the listed Kepala Keluarga (head of household). The new version is not mandatory, however, and you do not have to switch over to it if you do not want to.
KTP for Foreigners
Requirements for KTP according to DitJen Dukcapil call center
- Letter of request for KTP (addressed to the Dinas Dukcapil) from the Indonesian spouse
- Copy of passport
- Copy of KITAP
- Copy of izin tinggal stamp in passport
- Copy of Indonesian spouse’s KTP
- Copy of Kartu Keluarga
- Copy of marriage certificate
- Surat keterangan domisili (SKD) for a KTP from the Kelurahan
- 2 x passport photos 3x4 cm
Additionally, you may be asked for ..
- Surat pengantar from the RT/RW
- Surat Tanda Melapor (STM) from the police (Polres)*
Fill in a form at the Dukcapil office.
NO FEE. Process shouls take around 14 working days.
Requirements for STM
- Application letter from sponsor plus copies of his/her KTP, KK and marriage certificate
- Surat keterangan izin nikah from the embassy (I didn’t have this; it wasn’t a problem)
- Visa and most recent visa stamp
This sshould take about one week to process and cost Rp 100,000 (this does not seem to be an official fee)
Since foreigners aren't yet allowed to own homes in Indonesia, if the couple plans to buy a house, it will have to be solely in the name of the husband, and/or his family members. You can put the title for your home or other property in the names of your children. If they are minors, the parents or other family members can be appointed as guardians until they come of age.
It may be impossible to borrow money from a bank to purchase a home as the bank will recognize that ownership of the wife's half of the home will revert to the Indonesian government in the case of a default on the loan. The only exception to this is if the foreign spouse has signed a prenuptial agreement (pisah harta) stating that she is not entitled to the Indonesian spouse's property upon his/her death or a divorce. In this case a couple can receive a housing loan.
Visa status for unmarried couples
An Indonesian husband will not be able to sponsor a limited stay permit (ITAS) for his foreign fiancé until they are legally married. If they wish to live in Indonesia prior to being married, the Indonesian husband-to-be should apply for a Visa Kunjungan for his foreign wife-to-be. Once the marriage is legal, he can then apply for an ITAS without the foreign wife having to leave the country. If she enters on a Visa on Arrival, she must leave Indonesia after the ITAS has been approved to have the new visa stamped in her passport in an Indonesian embassy abroad. So, beware of the possible future travel implications of entering Indonesia on a Visa on Arrival - if your intention is to reside in Indonesia.
In the case of a divorce
The legal rulings regarding divorce in mixed marriages are somewhat contradictory. It is not easy to find out exactly what applies. Some points in the law are clear: The property owned prior to the marriage remains the property of the person concerned. Any inheritance received by the husband or wife during the marriage is not shared, but remains the property of the person concerned. Any income earned by either person during the marriage is shared. In case of divorce the mother is generally given custody of young children, however this is not clear-cut and the decision is made on a case-by-case basis.
For more information on divorce
It is highly recommended, and very wise, for wives of Indonesian husbands to coax their husbands into writing a will. If the couple doesn't have a will, and the Indonesian husband passes away, the wife will have to go to court to get her status recognized/legalized. As she is only given one year to sell any property owned by her husband, time is of the essence. Should her husband's family challenge her right to inheritance and she does not have a will, she may lose out to his family. Even though the marriage law states clearly that a wife shall inherit from her husband, the law interprets matters differently when the wife is a foreigner.
Far more interesting is the inheritance law which differentiates between Muslims and non-Muslims whereas there is no difference according to Christian law. The marriage procedure (Civil/Muslim) has an effect on other legal matters that follow later on, including inheritance.
NPWP for Working and Non-Working Foreign Spouses
If you are not employed and not receiving any income in Indonesia you would not have to register with the tax office and get an NPWP. If you do receive income in Indonesia you would have to register with the tax office and have a personal tax number (NPWP).
If your Indonesian spouse has an NPWP you can share the same number with her/him and declare your taxes together. The Indonesian personal taxation system is based on worldwide income and includes salary, dividend and interest income, rental income and capital gains from sale of property, both onshore and offshore.
You can apply for your own NPWP if you are working. If you have had an NPWP in the past, but never received an NPWP card, just ask for a card to be printed out.
Health Insurance - BPJS
Learn more about applying for the Registration in the National Health System
All family members listed on the Karta Keluarga can get insurance. If you are an expat spouse that is NOT listed on the Kartua Keluarga, you will have to apply separately. Adult children not listed on the Karta Keluarga can apply separately with your ITAS/ITAP.
In the case of the death of your spouse who is sponsoring your KITAS/KITAP, you have a 60 day window after your spouse's death to report and process the change of sponsorship through immigration.
If you have been married for more than 10 years, you are eligible for a KITAP without your deceased partner's sponsorship. If you've been marreied less than 10 years, another family member in the Indonesian spouse's family, or any other Indonesian citizen, can sponsor your visa. The KITAS / KITAP and MERP will all need to be renewed under the new sponsorship.
This is the legal basis from the Immigration website:
- Dalam hal suami atau istri warga negara Indonesia meninggal dunia, Izin Tinggal terbatas atau Izin Tinggal Tetap Orang Asing yang diperoleh karena perkawinan campuran tetap berlaku.
- Orang Asing sebagaimana dimaksud pada point 1 yang suami atau istrinya warga negara Indonesia meninggal dunia harus memiliki Penjamin berkewarganegaraan Indonesia.
- Penjamin tersebut merupakan perorangan yang berkewarganegaraan Indonesia.
The same time frame also applies in the case of divorce.
Change of Address / Ganti Alamat
As a sponsor of your foreign spouse, if you need a letter template for a change of address report to Indonesian civil authorities, here are several that were shared by a C-4 member. Adjust to fix your needs and affix a meterai to the letter and sign over the meterai:
Help with Paperwork
Foreign spouses of Indonesians may find that it is relatively easy to make their own visa applications together with their Indonesian spouse. Be patient and understanding and develop a good rapport with the various officials that you deal with. Remember, you will need their help EVERY FEW YEARS of your residence in Indonesia to extend your visa.
If you choose to use one of the hundreds of agents who operate in Jakarta, beware. Some are unscrupulous and will charge you 10 times the actual fee for their services. They may also obtain incorrect or incomplete documentation which will cause many headaches and difficulties at a later date. See latest fees.
Ask friends for recommendations, compare prices and be sure of exactly what paperwork the agent will complete for the fee. There are agents listed in the classified section of major newspapers. Don't accept the first one you talk to, tell them you are looking at the services of several agents and already have other offers that you want to compare their offer to. You will be surprised at how the price drops down.
Children from mixed marriages holding foreign citizenship are eligible for residency in Indonesia (ITAS or ITAP). There is no age limit - providing that their Indonesian parent is still alive as he/she has to sponsor them initially. Once they have the ITAP, it will not be revoked if the Indonesian parent dies, but they would have to have another Indonesian sponsor in that case.
Visa Tinggal Terbatas (Temporary Residence Visa) is the permit for entering Indonesia for a person who is planning to reside here. It is issued by an Indonesian Embassy/Consulate in another country and has to be used within 90 days of being issued. On arrival a Tanda Masuk (Entry Permit) is given and the person has to apply for ITAS within 30 days at the Immigration Office. ITAS is the Limited Stay Permit issued by the Immigration Office after arriving in Indonesia and submitting all required documents. It is valid for 1 year. Your children may have to get ITAS first then convert to ITAP but they should be eligible to get the ITAS immediately.
Your Indonesian spouse and children would need to actually be in Indonesia to get the ITAP. Only the visa can be obtained at the overseas Indonesian embassy.
The ITAP will no longer be valid if the holder leaves Indonesia for longer than 1 year. So theoretically mixed parentage children holding an ITAS/ITAP could live overseas most of the time and just come to Indonesia at least once a year to maintain the ITAP. There is no age limit to apply, just that the Indonesian parent needs to be alive.
The process could take 2 to 4 weeks. Regarding costs, Tanda Masuk is free of charge, but there is a cost for ITAP.
Our adult WNA children can choose to live and work in Indonesia. There is no age limit. Your adult child would need to enter Indonesia on a Visa Tinggal Terbatas. After getting an Entry Stamp (Tanda Masuk), he must apply to the local Immigration Office for Izin Tinggal Tetap (ITAP).
Although an adult child from a mixed marriagge (who doesn't have an Indonesian passport) can get an ITAP as the son/daughter of an Indonesian father/mother, he/she will need to get a work permit sponsored by the company if he/she works formally for a company. With the ITAP he/she can work without a work permit in the informal sector or be self-employed.
* * * * *
In summation, you will find enormous flexibility in the implementation of regulations in Indonesia. Almost everything can be 'worked out', depending on who you know -- or what kind of connections the Indonesian spouse's family has within the bureaucracy. What works for you may not work for someone else and vice versa. It's best to educate yourself thoroughly as to the legal implications of the various steps you take in your quest to establish legal residence in Indonesia.
As one of our readers said it “The laws are stretched left and right beyond belief by Indonesian leaders, enabling multi-billion dollar thieves to get away with it with no punishment in sight. So, a little stretching here and there for personal use and for the sake of one's family, especially when it does not harm anyone, is in my mind okay.”
Groups for Indonesian women with expat husbands:
Portraits of Our Kids - share your kid's pics with the community!
Citizenship Law - Undang-Undang Kewarganegaraan Republic Indonesia No. 12 Tahun 2006 Tentang Kewarganegaraan (Bahasa Indonesia)
Peraturan Menteri tentang Tata Cara Pendaftaran Untuk Memperoleh Kewarganegaraan RI [Download PDF 867 KB]
Peraturan Menteri tentang Tata Cara Menyampaikan Pernyataan untuk Menjadi Warga Negara Indonesia [Download PDF 421 KB]
Other interesting websites:
Javanese Wedding Traditions - expat experiences
Addresses of Catatan Sipil Offices in Jakarta (Civil Registry)
- Central Jakarta - Satuan Pelaksana Catatan Sipil Kotamadya Jakarta Pusat, Jln. Tanah Abang I/1 Jakarta Pusat. Telp. (62-21) 380-9661
- North Jakarta - Satuan Pelaksana Catatan Sipil Kotamadya Jakarta Utara, Jln. Berdikari No. 2 Jakarta Utara. Telp. (62-21) 490-358
- West Jakarta - Satuan Pelaksana Catatan Sipil Kotamadya Jakarta Barat, Jln. Kelapa Dua Raya No. 10, Jakarta Barat. Telp. (62-21) 548-2420
- South Jakarta - Satuan Pelaksana Catatan Sipil Kotamadya Jakarta Selatan, Jln. H. Samali No. 17 Jakarta Selatan. Telp. (62-21) 794-0884
Our thanks to Marilyn Ardipradja, Asep Wijaya, and other community members for all their help with continual updates of this information.
Partially updated June 20, 2020