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 Indonesia 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.

Ban Revocation

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:

  1. A letter of application for revocation of a ban from a foreign national;
  2. Photocopy of foreign national passport;
  3. Power of attorney to Indonesian Citizen / Guarantor;
  4. Indonesian Citizen / Guarantor ID Card;
  5. Submission letters for revocation of bans are addressed to the Director General of Immigration c.q. Director of Supervision and Enforcement of Immigration;
  6. Other supporting documents

2 Comments

  1. JENNIFFER. A

    Hello, i have an inquiry.

    My sister has been held for over a week at the immigration office because of her expired visa, however it expired during quarantine and there are no available flights back to Uganda at the moment.

    Today she was told that she will be transfered to another place without explanation. So i am wondering how they expect her to fly back to Uganda without flights and putting her in a cell for all this period.

    Your advise regarding this matter is highly appreciated.

    Reply
    • Indoservice

      Hi Jennifer. Since when did your brother/sister over stay ? is it from 2019 ? If yes, then your brother/sister will be subject to legal proceedings regarding a residence permit (over stay residence permit).

      Indonesia is currently in a pandemic, where foreign nationals are given an emergency stay permit until July 13 and extended until September 20, 2020, during this period all foreign nationals in Indonesia must process their residence permit, either extension using a valid visa previously held during a pandemic or applied for a new visa onshore/directly in Indonesia without having to take a visa at an Indonesian representative abroad as usual. But keep in mind that applying for a new visa must have a guarantor from Indonesia.

      Reply

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