Ministry of Immigration and Corrections
Directorate General of Immigration
JAKARTA - The Indonesian House of Representatives approved the Draft Law on the Third Amendment to Law No. 6 of 2011 on Immigration during a Plenary Meeting on Thursday, September 19, 2024. The revised Immigration Law includes nine amendments, one of which recognizes the Republic of Indonesia's travel document (passport) as proof of Indonesian citizenship.
According to the International Civil Aviation Organization (ICAO), a passport is defined as a document issued by a country's competent authority that is valid for international travel. It identifies the holder as a citizen of the issuing country and functions as proof of the holder's right to return to that country.
During the Plenary Meeting, Minister of Law and Human Rights Supratman Andi Agtas, representing the President of the Republic of Indonesia, emphasized the need to optimize laws and regulations to ensure legal certainty, particularly concerning international mobility. He noted that the growing complexity of global travel presents a wider range of threats and risks for immigration officials.
"The Directorate General of Immigration requires several enhancements, including improved services, self-protection for immigration officers, valid grounds for preventing individuals from leaving Indonesian territory, and clearly defined periods of deterrence," the Minister stated.
Regarding entry prevention, the Director General of Immigration, Silmy Karim, remarked, "The duration of entry prevention is crucial for stopping the entry of unwanted foreign nationals. For example, a foreign national who commits a crime in Indonesia can be barred from entry for up to ten years or even for life."
The updated Immigration Law also improves service provisions by aligning the validity period of re-entry permits (multiple entry permits) with the length of temporary stay permits (ITAS) or permanent stay permits (ITAP) held by foreigners.
"Foreigners holding ITAS or ITAP must also obtain a re-entry permit to freely enter and exit Indonesia. Previously, the longest permit issued was only two years. If a foreign national had a five-year ITAP, they needed to visit the immigration office to extend their re-entry permit whenever it expired. This requirement has now been removed," Silmy Karim explained on a different occasion.
Additionally, the new Immigration Law allows individuals who have completed the investigation phase and have reached the prosecutor's demands stage to be prevented from leaving Indonesia. This change aligns with the Constitutional Court Decision Number 40/PUU-IX/2011.
Moreover, the latest Immigration Law addresses the needs of immigration officials in law enforcement by permitting them to be equipped with firearms. Ministerial guidelines will outline specific regulations regarding the use of these firearms.
"During initial discussions of the bill, we informed the House of Representatives about tragic incidents where immigration officers had lost their lives while on duty. In some cases, they secured foreigners when attacked, and the foreigners were armed. Unfortunately, the officers lacked adequate means of protection due to the absence of accommodating regulations," Silmy explained.
"Thank goodness, after extensive efforts, we now have new immigration regulations and a legal framework designed to address today's challenges and prepare us for the future," Silmy concluded.
Last updated 25 November 2024
