ACT NO. 9 YEAR 1992

CONCERNING

IMMIGRATION

BY THE GRACE OF GOD THE ALMIGHTY

THE PRESIDENT OF THE REPUBLIC OF INDONESIA

Considering:

that the regulation of immigration, which concerns the traffic of people entering and leaving the sovereign Territory of Indonesia, is the right and jurisdiction of the Republic of Indonesia and constitutes one manifestation of sovereignty as an independent legal state based on the rule of law, on the Principles of Pancasila, and on the Constitution of 1945;
that within the framework of the implementation of The Archipelago Principle national development, and with the steady increase in the traffic of people entering and leaving the country, as well as the increase in international and interstate relations, it has been deemed necessary to improve immigration regulation which, up to now, have consisted of various forms of laws and regulations which are no longer in accord with the development of the times and needs of the age;
that in relation to the above it has been deemed necessary to regulate the provisions concerning Immigration into one Act;

Referring to:

Article 5, Paragraph (1) and Article 20, (1) of the 1945 Constitution;
Act No. 62 of 1958, concerning Indonesian Citizenship (State Gazette of 1958, No. 113, Supplementary State Gazette No. 1647), which has been amended by Act No.3 of 1976 concerning the Amendment to Chapter 18 of Act No. 62 of 1958 concerning Indonesian Citizenship (State Gazette of 1976, No.20, Supplementary State Gazette No.3077);
Act No.8 of 1981 concerning the Process of Criminal Law (State Gazette of 1981, No.76, Supplementary State Gazette No.3209);

With the approval of

The Parliament of the Republic of Indonesia,

has decided to establish

THE ACT CONCERNING IMMIGRATION

CHAPTER I

GENERAL PROVISIONS

Article 1

In this Act the following terms are defined:

1. Immigration matters are those concerning the traffic of people entering and leaving the sovereign Territory of the Republic of Indonesia and alien control in the Territory of the Republic of Indonesia.

2. The Territory of the Republic of Indonesia, herein referred to as the Territory of Indonesia: that area consisting of the entire Territory of the Republic of Indonesia, including land, sea, and air space, based on existing legal regulations.

3. A Travel Document is any formal document issued by a legally authorized official of a country, which identifies the bearer and which is valid for travel between countries.

4. Immigration Check-points are seaports, airports, or other places which are determined and designated by the Minister of Justice as a gate or point of entry into or departure from the Territory of Indonesia.

5. The Minister of Justice, herein referred to as the Minister, whose official scope of powers, functions, and duties includes the Immigration Sector.

6. A foreign national is any person who is not a citizen of the Republic of Indonesia.

7. Visa for the Republic of Indonesia, henceforth called Visa is a written permit issued by a legally authorized official of any Embassy or Consular Office or other office of the Republic of Indonesia established by the Government of said Republic to grant permission for foreign nationals to enter and to travel in the Territory of Indonesia.

8. An Entry Permit is a permit, stamped in the Travel Document of a foreign national, granting permission to enter the Territory of Indonesia, which has been issued by an authorized Immigration officer at an Immigration Check-point.

9. A Re-entry Permit is a permit stamped in the Travel Document of a foreign national who has permission to stay in Indonesia, allowing said person, after leaving the country, to re-enter the Territory of Indonesia.

10. A departure mark is a specific mark stamped in the Travel Document of any person leaving the Territory of Indonesia, by an authorized immigration officer at an Immigration Check-point.

11. Transportation modes are ships, airplanes, or any other form of transportation used for the carrying of passengers.

12. An Exit Prohibition is a temporary restriction prohibiting a specific person from leaving the Territory of Indonesia, issued for specific considerations.

13. An Entry Prohibition is a temporary restriction prohibiting a specific person from entering the Territory of Indonesia, issued for specific considerations.

14. An Immigration Action is an administrative action from authorized immigration authorities outside of court action.

15. An Immigration Quarantine is temporary detention place for foreign national who will be expelled or deported or will have other Immigration actions taken against them.

16. Expulsion or deportation is the action of expelling of a foreign national from the Territory of Indonesia because of being considered to be an undesirable alien.

Article 2

Every Indonesian citizen has the right to depart from or enter the Territory of Indonesia.

CHAPTER II

ENTRY INTO AND DEPARTURE FROM THE TERRITORY OF INDONESIA

Article 3

Any person, who enters or departs from the Territory of Indonesia is required to possess a valid Travel Document.

Article 4

(1) Any person may depart from the Territory of Indonesia after obtaining a Departure mark.

(2) Any foreign national may enter the Territory of Indonesia after obtaining an Entry Permit.

Article 5

(1) Any person, who enters or departs from the Territory of Indonesia is required to pass through an inspection by authorized Immigration Officer at an Immigration Check-point.

(2) The Immigration Check-points as specified in Paragraph (1) shall be determined and designated by the Minister.

Article 6

(1) Any foreign national who enters the Territory of Indonesia is required to possess a valid visa.

(2) A visa shall be issued to a foreign national whose purpose and reason for entering the Territory of Indonesia will be beneficial to the country and who will not cause any disturbance to the law, order, or national security.

Article 7

(1) Exceptions to the requirement to hold a visa as cited in Article 6, Paragraph (1) are;

a. foreign citizens from countries exempted from holding a visa based on a Presidential Decision;

b. foreign national who has obtained a Re-Entry Permit;

c. captain or master and their crew members on duty aboard a transportation mode which is anchored in port or has landed at an airport in the Territory of Indonesia;

d. transit passengers in seaports or airports in the Territory of Indonesia, as long as such passengers do not leave the transit area located within the Immigration Check-points.

(2) Further regulations concerning the types, requirements, procedures, etc. related to visas will be stipulated in Government Regulations.

Article 8

An authorized Immigration Official at an Immigration Check-point shall refuse or ban permission to a foreign national to enter the Territory of Indonesia if said foreign national:

does not possess a legal Travel Document;
does not have a valid visa, except for those persons exempted from holding a visa as specified in Article 7, Paragraph (1), Sub-paragraph a. above;
is suffering from a mental illness or a contagious disease which is hazardous to the public health;
does not have a valid Re-Entry Permit, or does not possess a valid permit, or has been banned admission to enter another country;
is found to have in fact given false information in order to obtain a Travel Document and/or Visa.

Article 9

Those persons responsible for transportation modes entering or intending to depart from the Territory of Indonesia are required to:

inform their arrival or departure plans;
submit the signed list of passengers and crew members to the authorized Immigration Official;
hoist the international signal flag for incoming vessels carrying passengers from outside the Territory of Indonesia;
prohibit any person from boarding or disembarking from the transportation mode without consent from the Immigration Official on duty during the Immigration inspection;
re-transport any foreign national, on board the transportation mode from the Territory of Indonesia who does not have entry permit issued by the Immigration officer at the Immigration check-point.

Article 10

The Immigration Officials on duty at the Immigration Check-points have the authority to board transportation modes at ports or in airports in order to conduct Immigration inspections.

CHAPTER III

EXIT AND ENTRY PROHIBITIONS

PART ONE

EXIT PROHIBITIONS

Article 11

(1) The authority and responsibility on issuing exit prohibitions is conducted by:

a. The Minister, as far as immigration matters are concerned:

b. The Minister of Finance, as far as state income are concerned;

c. The Attorney General, in cases involving the administration and enforcement of Article 32, Sub-paragraph g of Act No. 5 of 1991, concerning the public prosecutor of the Republic of Indonesia;

d. The Commander in chief of the Armed Forces of the Republic of Indonesia in cases concerning the maintenance and preservation of national security and defense, as delineated in Act No. 2 of 1982, concerning Fundamental Statutes for Security and Defense of the Republic of Indonesia, as amended by Act No. 1 of 1988.

(2) Exit prohibitions as cited in Paragraph (1) shall be administered and enforced by the Minister or Immigration Official designated by the Minister.

Article 12

(1) Exit Prohibitions shall be issued in the form of a written Letter of Decision.

(2) A written Letter of Decision such as that cited in Paragraph (1) should include the following:

a. the identity of the person who is prohibited from leaving the country;

b. the reason(s) for said prohibition; and

c. the length of time of validity of the exit prohibition.

(3) A Letter of Decision, such as that cited in Paragraph (1), shall be sent by registered mail to the person or persons prohibited from leaving the country no later than 7 (seven) days after the date of the issuance of the Letter of Decision.

Article 13

(1) An exit prohibition decision, as delineated in Article 11, Paragraph (1), Sub-paragraphs a. and b., shall be valid for a period of no longer than 6 (six) months, and may be extended, at most, for 2 (two) periods, each period being for not more than 6 (six) months.

(2) An exit prohibition decision, as delineated in Article 11, Paragraph (1), Sub-paragraph c., shall be valid for a period of time in accordance with a Letter of Decision from the Attorney General.

(3) An exit prohibition decision, as delineated in Article 11, Paragraph (1), Sub-paragraph d., shall be valid for a period of time no longer than 6 (six) months, and each extension valid for a maximum of 6 (six) months; the total amount of time permitted for such an exit prohibition being no more than 2 (two) years.

(4) If no extension is issued, as specified in Paragraph (1) and Paragraph (3), the exit prohibition shall be considered to be legally terminated at the end of the stipulated period of the exit prohibition.

Article 14

Based on the exit prohibition decision by the authorized official as specified in Article 11, Paragraph (1), authorized Immigration Officials at Immigration Check-points are required to refuse such persons permission to depart from the Territory of Indonesia.

PART TWO

ENTRY PROHIBITIONS

Article 15

(1) The authority and responsibility on issuing entry prohibitions is conducted by:

a. The Minister, as far as Immigration matters are concerned;

b. The Attorney General, in relation to the administration and enforcement of Article 32, Sub-paragraph g, of Act No. 5 of 1991, concerning the Office of the Public Prosecutor of the Republic of Indonesia;

c. The Commander in Chief of the Armed Forces of the Republic of Indonesia in cases concerning the maintenance and preservation of national security and defense, as delineated in Act No. 20 of 1982 concerning Fundamental Statutes for the Security and Defense of the Republic of Indonesia as amended by Act No. 1 of 1988.

(2) Entry prohibitions as cited in Paragraph (1) shall be administered and enforced by the Minister or Immigration Official designated by the Minister.

Article 16

(1) The authority and responsibility on issuing entry prohibitions for Indonesian citizens will be delegated to a Special Team headed by the Minister with members from the following agencies:

a. The Headquarters of the Armed Forces of the Republic of Indonesia;

b. The Office of the Attorney General of the Republic of Indonesia;

c. The Department of Foreign Affairs;

d. The Department of Home Affairs;

e. The Coordinating Body of National Stability; and

f. The Coordinating Body of State Intelligence.

(2) Entry prohibitions as delineated in Paragraph (1) shall be administered and enforced by the Minister or Immigration Official designated by the Minister.

Article 17

An Entry Prohibition for a foreign national shall be issued and enforced on the grounds that such person:

a. is known to be, or suspected of being, involved in international criminal syndicated activities;

b. when said person in his/her own country, or in any other country, has performed hostile attitude against the Government of Indonesia, or has taken actions which demean the name of the people and the country of Indonesia;

c. is suspected of having committed actions in conflict with national security, public order, morality, religion(s), or the customs of the people of Indonesia;

d. is under a request of a country of which, a foreign national tried to escape indictment and execution of punishment in that country due to his or her having committed a criminal act which is also punishable according to Indonesian law;

e. has previously been expelled or deported from the Territory of Indonesia; and

f. is liable for other reasons in connection with Immigration matters which will be further stipulated in the Government Regulations.

Article 18

An Indonesian citizen shall only be prohibited from entry if:

said person has been absent from Indonesia for a long period of time, or has taken up permanent residence abroad, or has become a citizen of another country, and has taken actions against or shown hostility towards the Country or Government of the Republic of Indonesia;
said person’s entrance into the Territory of Indonesia may disturb national development or stability or cause civil strife;
said person’s entrance into the Territory of Indonesia may threaten his or her own safety or the life/safety of his or her family.

Article 19

(1) Entry prohibitions shall be issued in the form of a written Letter of Decision.

(2) The written Letter of Decision such as that cited in Paragraph (1) should include the following:

a. the identity of the person who is prohibited from entering the country;

b. the reason(s) for the entry prohibition; and

c. the length of time of the entry prohibition.

(3) The written Letter of Decision such as that cited in Paragraph (1) will be sent to Republic of Indonesia Embassies and Consular Offices.

Article 20

(1) An entry prohibition, as delineated in Article 15, Paragraph (1), Sub-paragraphs a. and c., shall be valid for a period of time no longer than 1 (one) year and may be extended as deemed necessary for the same period of time of less.

(2) An Entry prohibition decision, as delineated in Article 15, Paragraph (1), Sub-paragraph b., shall be valid for a period of time in accordance with a Letter of Decision from the Attorney General.

(3) If no extension is issued, as delineated in Paragraph (1), the entry prohibition shall be considered to be legally terminated at the end of the stipulated period or the entry prohibition.

Article 21

(1) An entry prohibition decision for an Indonesian Citizen, as delineated in Article 10, shall be valid for a period of time no longer than 6 (six) months and may be extended, as deemed necessary; each extension shall be valid for no longer than 6 (six) months, the total amount or time for such an entry prohibition not to exceed 2 (two) years.

(2) If no extension is issued as cited in Paragraph (1), the entry prohibition shall be considered to be legally terminated at the end of the stipulated period of the entry prohibition.

Article 22

Based on the entry prohibition by the authorized official, as delineated in Article 15, Paragraph (1) and Article 16, Paragraph (1)., authorized Immigration Officials at Immigration Check-points are required to refuse such persons permission to enter into the Territory of Indonesia.

Article 23

Further regulations concerning details for the execution of entry prohibitions will be stipulated in Government Regulations.

CHAPTER IV

THE PRESENCE OF FOREIGN NATIONALS IN THE TERRITORY OF INDONESIA

Article 24

(1) Any foreign national in the Territory of Indonesia is required to possess a valid Immigration permit.

(2) Such a permit as cited in Paragraph (1), include:

a. Transit Permit;

b. Visit Permit;

c. Temporary Stay Permit;

d. Permanent Stay Permit.

Article 25

(1) A Transit Permit shall be issued to a foreign national who finds it necessary to enter the Territory of Indonesia on journey to another country.

(2) A Visit Permit shall be issued to a foreign national who enters the Territory of Indonesia for a short period of time for government business or for tourist, socio-cultural, or business activities.

(3) A Temporary Stay Permit shall be issued to a foreign national who is permitted to reside in the Territory of Indonesia for a limited period of time.

(4) A Permanent Stay Permit shall be issued to a foreign national who is permitted to reside on a permanent basis in the Territory of Indonesia.

Article 26

(1) Such Entry Prohibitions as delineated in Article 8 above shall be applicable to such visas and permit requests as cited in Article 25.

(2) A Permanent Stay Permit shall not be issued to a foreign national who has been issued a visa or permit to enter the Territory of Indonesia, but who does not possess a valid national passport.

Article 27

A holder of a Limited Stay Permit or a Permanent Stay Permit who wishes to depart from the Territory of Indonesia with the intention of returning to the Territory of Indonesia may be issued a Re-entry Permit.

Article 28

Further regulations concerning the requirements, procedures of application, the issuance or refusal of Immigration permits, and other details related to the presence of foreign nationals in the Territory of Indonesia will be regulated by Government Regulations.

CHAPTER V

TRAVEL DOCUMENTS OF THE REPUBLIC INDONESIA

Article 29

(1) Travel Documents of the Republic of Indonesia include:

a. Ordinary Passport;

b. Diplomatic Passport;

c. Service Passport;

d. Haj/Pilgrim Passport;

e. Alien Passport;

f. Travel Document in lieu of Passport;

g. Travel Document in lieu of Alien Passport;

h. Travel Document in lieu of Service Passport.

(2) The travel Documents of the Republic of Indonesia are official state documents.

Article 30

(1) An Ordinary Passport shall be issued to an Indonesian Citizen who plans to travel outside of the Territory of Indonesia.

(2) An Ordinary Passport shall be issued to an Indonesian Citizen who resides outside of the Territory of Indonesia.

(3) Under special circumstances when an ordinary Passport cannot be issued, a Travel Document in lieu of Passport shall be issued to an Indonesian Citizen.

Article 31

A Diplomatic Passport shall be issued to an Indonesian Citizen to travel outside of the Territory of Indonesia for diplomatic assignment or for other diplomatic purposes.

Article 32

(1) A Service Passport shall be issued to an Indonesian Citizen to travel outside of the Territory of Indonesia in official government capacity which is not of a diplomatic nature.

(2) In special cases when a Service Passport cannot be issued, a Travel Document in lieu of a Service Passport shall be issued.

Article 33

An Haj/Pilgrim Passport shall be issued to an Indonesian Citizen to travel outside of the Territory of Indonesia to go on Haj/Pilgrimage to Mecca.

Article 34

(1) An Alien Passport may be issued to a foreign national who, at the time that this Act takes effect, possesses a valid Permanent Stay Permit, to travel outside of the Territory of Indonesia, and not in possession of a Travel Document and cannot obtain such a document from said person’s own country or any other country within a reasonable amount of time.

(2) An Alien Passport ceased to be valid at the time the bearer obtains a Travel Document from another country.

Article 35

(1) A Travel Document in lieu or Alien Passport for Foreign Nationals shall be issued to a foreign national who does not possess legal travel documents and who:

a. wants, of his or her own intention, to depart from the Territory of Indonesia, as long as no exit prohibition has been issued against him or her;

b. is subject to expulsion or deportation; or

c. under certain circumstances which are not in conflict with national interests, is permitted to enter the Territory of Indonesia.

(2) The Travel Document in lieu of Alien Passport as specified in Paragraph (1) shall be issued for a single journey only.

Article 36

Children under the age of 16 (sixteen) may be included in the Travel Document of their parents.

Article 37

Further regulations concerning the requirements and procedures for applications, issuance or revocation of Travel Documents of the Republic of Indonesia will be established by Government Regulations.

CHAPTER VI

ALIEN CONTROL AND IMMIGRATION ACTIONS

Article 38

(1) Alien Control in Indonesia includes:

a. the entrance and departure of foreign nationals into and out of the Territory of Indonesia;

b. the presence and activities of foreign nationals in the Territory of Indonesia;

(2) For the smooth and orderly handling of such control, the Government implements alien registration for foreign nationals in the Territory of Indonesia.

Article 39

Any foreign national in the Territory of Indonesia is required:

to provide any necessary information concerning his or her own identity and/or his or her family, changes in civil status or citizenship, and changes of address;
to show Travel Documents or Immigration documents at any time such documents are required for inspection;
to register after staying in Indonesia for 90 (ninety) days or more.

Article 40

Alien Control shall include the following:

the collecting and processing of data concerning foreign nationals entering and leaving the Territory of Indonesia;
the registration of foreign nationals staying in the Territory of Indonesia;
the monitoring, collecting, and processing of information concerning the activities of foreign nationals in the Territory of Indonesia;
the compiling and maintaining of a list of undesirable aliens entering and leaving the Territory of Indonesia; and
various other supervisory activities.

Article 41

The implementation of Alien Control in the Territory of Indonesia is conducted by the Minister in cooperation with related Government Agencies and Offices.

Article 42

(1) Immigration actions shall be taken against foreign nationals in the Territory of Indonesia who foster dangerous activities, or who are deemed to be probable cause of danger to public order or security, or who break or neglect existing laws or regulations.

(2) The Immigration actions as cited in Paragraph (1) include:

a. restriction, changing or cancellation of stay permits;

b. prohibitions to stay at one or several determined areas in the Territory of Indonesia;

c. the compulsory stay at a certain determined area in the Territory of Indonesia;

d. expulsion or deportation from the Territory of Indonesia or the rejection of the request to enter the Territory of Indonesia.

Article 43

(1) Decisions concerning Immigration actions will include the reason(s) such actions as delineated in Article 42, Paragraph (1).

(2) Any foreign national who has an Immigration action issued against him or her may submit an objection in a petition to the Minister.

Article 44

(1) Any foreign national staying in the Territory of Indonesia may be detained in an Immigration Quarantine:

a. if said person is staying in the Territory of Indonesia without a valid Immigration permit; or

b. while said person is in the process of being expelled or deported from the Territory of Indonesia.

(2) For certain other considerations, a foreign national, as delineated in Paragraph (1), may be detained in other designated places.

Article 45

(1) Any foreign national in the Territory of Indonesia who overstays his or her Immigration permit for not more than 60 (sixty) days shall be subject to surcharge.

(2) Transportation mode owners or those responsible for said vehicles who do not fulfill the requirements and obligations as delineated in Section 9 shall be subject to surcharge.

(3) The amount of the surcharges as delineated in Paragraphs (1) and (2) will be determined by the Minister with the agreement of the Minister of Finance.

Article 46

Further regulations concerning Alien Control and Immigration actions will be stipulated in Government Regulations.

CHAPTER VII

INVESTIGATION

Article 47

(1) Besides Police Investigation Officers of the Republic of Indonesia, certain Officials and Civil Servants from Departments involved in and responsible for supervising Immigration matters shall be designated as authorized investigators, as delineated in Act No. 8 of 1981, concerning the Process of Criminal Law, to investigate possible immigration crimes.

(2) Official and Civil Servant Investigators as cited in Paragraph (1) are authorized to:

a. receive and handle reports concerning the existence of Immigration crimes;

b. summon, question, search, arrest, detain any person suspected of committing Immigration crimes;

c. inspect and/or confiscate papers, documents, Travel Documents, or any other materials related to Immigration crimes;

d. summon persons for the purpose of obtaining evidence;

e. search any premises suspected of containing concealed papers, documents, Travel Documents, or any other effects in connection with possible criminal violations of Immigration laws;

f. fingerprint and photograph any suspect/accused person(s).

(3) The authority of the Investigator(s) as delineated in Paragraph (2) shall be executed in accordance with Act No. 8 of 1981, concerning the process of Criminal Law.

CHAPTER VIII

PENAL PROVISIONS

Article 48

Whoever enters or departs from the Territory of Indonesia and does not undergo an Immigration inspection by an authorized Immigration Official at an Immigration Check-point shall be subject to a maximum term of 3 (three) years imprisonment or subject to a maximum fine of Rp. 15,000,000(fifteen million Rupiahs).