Deportation of Foreign Citizens and Procedures for Banning Revocation – Deportation Deportation of Foreign Citizens according to Article 1 number 36 of Law Number 6 of 2011 concerning Immigration is a forced act of expelling foreigners from Indonesian territory. Foreigners are people who are not Indonesian citizens.
Deportation is an administrative immigration act, which is carried out by an authorized immigration official against foreigners who are in Indonesian territory who are carrying out dangerous activities and should be suspected of endangering public security and order or not obeying the laws and regulations.
In addition deportation was also carried out because foreigners residing in Indonesian territory tried to avoid the threat and execution of punishment in their home country.
The decision to deportation is carried out by an authorized immigration official who must be made in writing and accompanied by reasons. Foreigners who will be deported are placed in detention centers or detention rooms to await deportation.
Immigration detention centers are technical implementation units that carry out immigration functions as temporary shelters for foreigners subjected to administrative immigration actions (one of them is deportation).
While the immigration detention room is a temporary shelter for foreigners who are subjected to administrative immigration actions at the Directorate General of Immigration and the Immigration Office.
Furthermore, concerning the alienation of foreigners is regulated in Article 214 of Government Regulation Number 31 of 2013 concerning Regulations for the Implementation of Law Number 6 of 2011 concerning Immigration:
The maximum period of time a foreigner is placed in an immigration detention room is 30 days. If the time period is exceeded, then the foreigner can be placed in an immigration detention house. In the event that deportation cannot be carried out, detention can be carried out for a maximum period of 10 years.
If the detainee cannot be deported after more than 10 years as a state of being detained, it can be considered to be given the opportunity to live life as a basic human right in general outside the detention center in certain status by considering behavioral aspects while undergoing detention, but still under the supervision of the Minister or the Immigration Officer designated through periodic reporting obligations.
In the case of foreigners who wait beyond the 10 year period as detainees, the Minister of Justice and Human Rights or an immigration official who is appointed supervises and seeks to deport the detainees. This provision is intended so that supervision of the activities and presence of detainees does not have a negative impact on the community. In addition, efforts to deport them to their countries or third countries that are willing to accept the detainee continue.
Revocation of the ban will be carried out an assessment related to violations that have been committed and consideration of the benefits to the Indonesian state if the foreigner re-enters Indonesia; Banning is done in order to protect national interests that adhere to selective policy.
The procedure for revoking a ban is as follows:
- A letter of application for revocation of a ban from a foreign national;
- Photocopy of foreign national passport;
- Power of attorney to Indonesian Citizen / Guarantor;
- Indonesian Citizen / Guarantor ID Card;
- Submission letters for revocation of bans are addressed to the Director General of Immigration c.q. Director of Supervision and Enforcement of Immigration;
- Other supporting documents