Punishment For Foreign Nationals Whom Overstay In Indonesia

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Pre-nuptial Agreement Limits", "Recognizing Deportation Under Indonesian Law", you may read also "Does Indonesia Implementing Citizenship By Investment?" and on this occasion we will discuss about 'Punishment For Foreign Nationals Whom Overstay In Indonesia'.

Case Example

A total of 124 Foreign Citizens (WNA) from various countries were given Immigration Administration Action (TAK) by the Immigration Office Class I NonTPI Bekasi. It is recorded that 100 foreigners were deported or repatriated to their countries of origin. They violated immigration regulations in the form of a residence permit violation because they exceeded the visa deadline. Several factors appear to have caused hundreds of foreigners to overstay during the pandemic, including the lack of flights to the closing of the entrances to a number of countries during the pandemic.[1]

During the pandemic time, every day two teams are deployed to carry out surveillance. A joint operation by the Foreigner Monitoring Team (Timpora) was also carried out last March. This year, there are as many as 6000 foreigners living in the Bekasi City and Regency areas. Most of them came with work and business matters. Even though it is still during the Covid-19 pandemic, he conveyed that there is no reason for foreigners not to extend their stay permits because of the limited flights to the destination country and the closing of the entrance to the country of origin.[2]

Overstay Term

Law of the Republic of Indonesia Number: 6 of 2011 concerning Immigration does not directly regulate the term 'overstay'. However, there are several terms related to overstay, including Article 1 number 21 and number 31. Article 1 number 21 Law of the Republic of Indonesia Number: 6 of 2011 concerning Immigration reads as follows: "Stay Permit is a permit granted to a Foreigner by an Immigration Officer or a foreign service official to be in the Indonesian Territory". While Article 1 number 31 reads as follows: "Immigration Administrative Actions are administrative sanctions set by the Immigration Officer against Foreigners outside the judicial process".[3]

From the case examples above and the terms contained in the Law of the Republic of Indonesia Number: 6 of 2011 concerning Immigration, what is meant by overstay in this case is a foreign citizen who still lives in the territory of Indonesia while the stay permit issued by Immigration has expired.

Punishment For Foreign Nationals Who Overstay In Indonesia

So what are the legal sanctions? As stipulated by law, foreigners who violate their stay permit for less than 60 days are subject to an immigration administration fine, the amount of which is IDR 1 million per day. More than 60 days, the foreigner concerned will be deported.[4] The rules regarding this fine are contained in Government Regulation (PP) Number: 28 of 2019 concerning Types and Tariffs for Types of Non-Tax State Revenues Applicable to the Ministry of Law and Human Rights.[5] 

For foreigners who violate the stay permit, such as overstaying has been regulated in Article 78 of Law no. 6 of 2011 concerning Immigration (Immigration Law) which reads:[6]

1. Foreigners who hold a Stay Permit whose validity period has expired and are still in the Indonesian Territory less than 60 (sixty) days from the time limit of the Stay Permit are subject to a fee in accordance with the provisions of the legislation.
2. Foreigners who hold a Stay Permit whose validity period has expired and are still in the Indonesian Territory less than 60 (sixty) days from the time limit of the Stay Permit are subject to a fee in accordance with the provisions of the legislation.
3. Foreigners holding a Stay Permit whose validity period has expired and are still in the Indonesian Territory for more than 60 (sixty) days from the time limit of the Stay Permit are subject to Immigration Administrative Actions in the form of Deportation and Deterrence.

And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "124 WNA di Bekasi Dideportasi Akibat Overstay", www.idxchannel.com., Diaksees pada tanggal 22 Juni 2022, https://www.idxchannel.com/economics/124-wna-di-bekasi-dideportasi-akibat-overstay

2. Ibid.

3. Law of the Republic of Indonesia Number: 6 of 2011 concerning Immigration

4. Op. Cit., www.idxchannel.com

5. Government Regulation (PP) Number: 28 of 2019 concerning Types and Tariffs for Types of Non-Tax State Revenues Applicable to the Ministry of Law and Human Rights.

6. Op. Cit., Law of the Republic of Indonesia Number: 6 of 2011 concerning Immigration