Recognizing Deportation Under Indonesian Law

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Loss of Citizenship According to Indonesian Law", "How to Obtain Indonesian Citizenship?", you may read also "Does Indonesia Implementing Citizenship By Investment?" and on this occasion we will discuss about 'Recognizing Deportation Under Indonesian Law'.

Term and Governing Law

According to the Big Indonesian Dictionary (KBBI), deportation means the exile or expulsion of someone out of a country as punishment, or because someone has no right to live there. What does deportation mean? That is, a person is returned to his country of origin.[1] Based on Law Number 6 of 2011 concerning Immigration, Article 1 Paragraph 36, deportation is an act of forcibly removing foreigners from the territory of Indonesia.[2] 

As an addition, then what is meant by the term 'not to land' which was pinned to Ustadz Abdul Somad when he wanted to visit Singapore? What is meant by 'not to land' is a policy determined by a number of countries to refuse foreign tourists.[3] Thus, there is a different meaning between 'deportation' and 'not to land'. For the 'deportation' of foreign nationals, they have entered the territory of the country that carried out the deportation, while 'not to land' has not.

Basically, deportation is an act of expulsion by an authorized official in Indonesia, in this case an Immigration official. The legal basis is Law Number 6 of 2011 concerning Immigration.

Causes of Deportation According to Indonesian Law

In Indonesia, 'Article 13' of Law Number 6 of 2011 concerning Immigration describes the reasons that can lead to deportation of a foreign citizen, including:[4]

1. His/her name is on the deterrence list;
2. Do not have a legally-valid travel document;
3. Have fake Immigration documents;
4. Do not have a visa, except for those who are exempt from the obligation to have a visa;
5. Has given incorrect information in obtaining a visa;
6. Suffering from an infectious disease that endangers public health;
7. Engage in international crimes and organized transnational crimes;
8. Included in the list of people looking for arrest from a foreign country;
9. Engage in treason activities against the Government of the Republic of Indonesia;
10. Included in the network of practices or activities of prostitution, trafficking in persons, and people smuggling.

In general, a sovereign state according to international law has the right to receive and expel foreigners from its territory, if it turns out that foreigners who are in its territory perform actions that can harm the country. Therefore, a foreign citizen has informal obligations, including:[5]

1. Must adapt to the surrounding community in which they live;
2. They must maintain order and decency in accordance with the prevailing customs in the environment where they see/live while in Indonesia.

Thus, actually when a foreign citizen is in Indonesia, whether it is for a trip or for other purposes such as business, apart from having to comply with the applicable written laws, he/she must also adapt to the surrounding culture and obey the order and decency of the local community. This mean, maintaining order and decency in the local community is no less important. When you violate it, one of the consequences is that you will be deported.

Case Example of Deportation

 

Consider the following example, Pura is a sacred place of worship in Bali, the following actions are legally and decency wrong, also violate order. Bali Immigration deported Russian citizen Alina Fazleeva (28) as the aftermath of a nude photo case in a sacred tree in the sacred area of ​​Babakan Temple, Tua Village, Marga District, Tabanan Regency. Alina was deported along with her husband, Amdrei Fazleev (36). "The deportation was carried out by the Immigration Office Class I TPI Denpasar against two foreign nationals from Russia who took naked photos at the eucalyptus tourism object Banjar Dinas Bayan, Tua Village, Tabanan and went viral on social media," said Head of the Ministry of Law and Human Rights Bali, Jamaruli Manihuruk in a statement. he wrote, Sunday (8/5). They departed on Friday (6/5) at 20.05 WITA via I Gusti Ngurah Rai International Airport, with flight EK339-EK133 to Bali-Dubai-Moscow. Bali's Ministry of Law and Human Rights will take firm action against foreigners who do not respect the applicable regulations, and appeal to foreigners who will travel to Indonesia, especially to Bali, to always behave in an orderly manner by respecting the laws and cultural values ​​of the Balinese people.[6] 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. "Deportasi Artinya Apa? Ini Penjelasan Lengkap dan Penyebab Seseorang Dideportasi", www.suara.com., diakses pada tanggal 11 Juni 2022, https://www.suara.com/news/2022/05/18/122919/deportasi-artinya-apa-ini-penjelasan-lengkap-dan-penyebab-seseorang-dideportasi

2. Law Number 6 of 2011 concerning Immigration.

3. "Apa Itu Deportasi, Bedakah dengan Not to Land?", www.detik.com, Diakses pada tanggal 11 Juni 2022, https://www.detik.com/edu/detikpedia/d-6082671/apa-itu-deportasi-bedakah-dengan-not-to-land.

4. Op. Cit., Law Number 6 of 2011 concerning Immigration.

5.  "Mengenal Istilah Deportasi", indonesiare.co.id., Diakses pada tanggal 11 Juni 2022, https://indonesiare.co.id/id/article/mengenal-istilah-deportasi

6. "Foto Telanjang, Dua Bule Rusia Dideportasi dari Bali", www.merdeka.com., Diakses pada tanggal 11 Juni 2022, https://www.merdeka.com/peristiwa/buntut-foto-telanjang-dua-bule-rusia-dideportasi-dari-bali.html