LAW OF THE REPUBLIC

OF INDONESIA
NUMBER 6 OF 2011
CONCERNING

IMMIGRATION

LAW OF THE REPUBLIC OF THE INDONESIA

NUMBER 6 OF 2011

CONCERNING

IMMIGRATION

WITH THE BLESSING OF GOD ALMIGHTY

THE PRESIDENT OF THE REPUBLIC OF INDONESIA

Considering

a. Whereas Immigration constitutes part

of

the

realization

implementation
enforcement

of

the

to

the

sovereignty

over

the

Indonesian

Territory in the interest of keeping

orderliness

for

nation

and

state

life towards a just and prosperous

society under Pancasila and the 1945
Constitution

of

the

Republic

of

Indonesia;
b. Whereas

todays

global

development

drives greater mobility of people in

the

world

impact,

causing

either

variety

advantage

of
or

disadvantage to the nation and state

interest and life of the Republic of

Indonesia,

so

that

laws

and

regulation ensuring legal certainty

in line with the respect, protection
and

promotion

of

the

human

rights

are required;
c. Whereas

Law

Number

of

1992

concerning Immigration has no longer

enough to comply with various need
developments

for

arrangement,

services, and control in immigration

affairs, so it is necessary to be
revoked and replaced into new more
comprehensive

Law

and

able

to

address with existing challenges;

d. Whereas

based

on

the

consideration

as contemplated in letter a, letter

b, and letter c, it is necessary to
stipulate

Law

concerning

Immigration.

In viewing
of

Article

paragraph

(1),

Article

20,

Article 26 paragraph (2), and Article 28E

paragraph (1) of the 1945 Constitutions of
the State of the Republic of Indonesia.

With the Joint Consent of

THE HOUSE OF THE REPRESENTATIVES OF THE
REPUBLIC OF INDONESIA
And
THE PRESIDENT OF THE REPUBLIC OF INDONESIA

HAS DECIDED:
Enacting

LAWS CONCERNING IMMIGRATION

CHAPTER I
GENERAL PROVISION
Article 1
In this Law, the following definitions are used:
1. Immigration

shall

mean

the

traffic

subjects

of

people that enter or exit the Indonesian Territory

and

the

control

in

order

to

safeguard

the

enforcement if state sovereignty.

2. State

Territory

of

the

Republic

of

Indonesia

hereinafter referred to Indonesian Territory shall

mean whole Indonesian Territory and specific zone
defined under the law.
3. Immigration function shall mean part from national
government
services,

affairs
law

in

providing

enforcement,

the

national

Immigration

security,

facilitator for public welfare development.

and

4. Minister shall mean the minister who is in charge of

carrying out the government affairs in law justice
and human rights.
5. Director General shall mean the Director General of
Immigration.
6. Directorate

General

of

Immigration

shall

mean

an

apparatus element for Justice and Human Rights task

and function in Immigration.
7. Immigration Officers shall mean the staffs that have
passed through special education of Immigration, and
have technical expertise of Immigration and have any
authority to implement the task and responsibility
under this Law.
8. Penyidik

Pegawai

Servant

Negeri

Sipil

Investigator

of

Keimigrasian

(Civil

Immigration)

that

hereinafter referred to PPNS Keimigrasian shall mean

an Immigration Officer who is authorized by Law in
order

to

conduct

the

criminal

investigation

of

Immigration.
9. Foreigners

shall

mean

people

with

non-Indonesian

citizen.
10. Management Information System of Immigration shall
mean

any

system

information
used

presenting
operational,

for

and

communication

collecting,

information
management,

in

processing

order
and

technology

to

decision

and

support
making

performance

in

carrying

out

the

Immigration

Function.
11. Immigration

Office

implementing

shall

unit

mean

undertaking

the

technical
Immigration

Function in district, municipality, or sub-district

regions.
12. Checkpoint

place

of

checkpoint

place

Immigration

at

seaport,

shall

mean

airport,

border

crossing post, or other places as entrance and exit

the Indonesian Territory.
13. Travel Document shall mean a legal document issued
by the competent authority of a country, the United
Nations,

or

other

international

organizations

to

travel across the country containing such document

holder identity.
14. Immigration Document shall mean Travel Document of
the

Republic

of

Indonesia,

and

Resident

Permit

issued by the immigration Officer or Foreign Service

officer.
15. Travel Document of the Republic of Indonesia shall
mean a Passport of the Republic of Indonesia and
Surat Perjalanan Laksana Paspor (Travel Document in
Lieu of a Passport) of the Republic of Indonesia.
16. Passport

of

hereinafter
document

the
referred

issued

by

Republic
to
the

of

Passport
Indonesian

Indonesia
shall

that

mean

any

Government

and

provided to an Indonesian citizen to travel between

countries that are valid for a certain period.
17. Surat Perjalanan Laksana Paspor (Travel Document in
Lieu of a Passport) of the Republic of Indonesia
that

hereinafter

referred

to

Surat

Perjalanan

Laksana Paspor shall mean any document in lieu of

passport provided in a specific state that is valid
for a certain period.
18. Visa of the Republic of Indonesia that hereinafter
referred

to

Visa

writing

given

by

shall
the

mean

any

competent

information

in

authority

at

Representative of the Republic of Indonesia or other

venues set up by the Government of the Republic of
Indonesia containing an approval for the Foreigner
to travel into the Indonesian Territory and being a
basis for granting Stay Permit.
19. Entrance Sign shall mean a particular sign in the
form of a stamp affixed on the Travel Document of
the

Indonesian

citizen

and

the

Foreigner,

either

manual or electronic, provided by the Immigration

Officer as proof that the bearer of such entrance
sign enters the Indonesian Territory.
20. Exit Sign shall mean a particular sign in the form
of a stamp affixed on the Travel Document of the
Indonesian citizen and the Foreigner, either manual
or electronic, provided by the Immigration Officer

as proof that the bearer of such exit sign exits the

Indonesian Territory.
21. Stay Permit shall mean any permit provided to the
Foreigner
Service

by

the

officer

Immigration
for

staying

Officer
in

or

the

Foreign

Indonesian

Territory.
22. Declaration of Integration shall mean a statement of
the Foreigner to the Government of the Republic of
Indonesia as a requirement to obtain Permanent Stay
Permit.
23. Permanent Stay Permit shall mean a permit provided
to a particular Foreigner for having domicile and
permanent living within the Indonesian Territory as
the Indonesian inhabitant.
24. Reentrance Permit shall mean a permit in writing
provided by the Immigration Officer to the Foreigner
as a holder of Limited Stay Permit and Permanent
Stay

Permit

to

reenter

into

the

Indonesian

Territory.
25. Corporation

shall

mean

collection

of

organized

people and/or properties, either as a legal entity

or as non-legal entity.
26. Guarantor

shall

mean

people

or

Corporation

that

responsible for the presence and activities of the

Foreigner during stay in the Indonesian Territory.

27. Transport Tool shall mean ship, aircraft, or other

means of transport commonly used either for carrying
people or for goods.
28. Prevention shall mean temporary prohibition against
people

to

exit

the

Indonesian

Territory

due

to

Immigration reason or other reason set forth by law.

29. Deterrence shall mean any prohibition against the
Foreigner to enter the Indonesian Territory due to
Immigration reason.
30. Immigration Intelligence shall mean any activity of
Immigration

investigation

and

security

in

the

interest of information presentation process through

an

analysis

Immigration

in

order

state

to

determine

encountered

or

prediction
that

will

of
be

encountered.
31. Immigration

Administrative

administrative

sanction

Action

shall

stipulated

mean

any

by

the

Immigration Officer against the Foreigner outside of

the judicial process.
32. People Smuggling shall mean any act aims to seek
advantage,

either

direct

or

indirect,

for

him/herself or for other people who carry someone or

a

group

of

people,

either

organized

or

non-

organized, or order other people to carry someone or

a group of people either organized or non-organized,
which having no valid right to enter or exit the

Indonesian

Territory

countrys territory

and/or

enter

into

other

in which such people have no

right to enter legally into the territory either

using valid document or false document, or without
using

Travel

Document,

either

through

immigration

check or not.
33. Immigration Detention House shall mean a technical
implementing unit that carries out an Immigration
Function as temporary shelter for the Foreigners who
are imposed the Immigration Administrative Action.
34. Immigration Detention Room shall mean a temporary
shelter

for

Immigration
Directorate

the

Foreigners

Administrative
General

of

who

are

Action

imposed

located

Immigration

at

from

the
the
the

Immigration Office.
35. Detainee shall mean the Foreigner who occupies the
Immigration Detention House or Immigration Detention
Room in which any detention decree has been obtained
from the Immigration Officer.
36. Deportation shall mean forcible action to expel the
Foreigner out of the Indonesian Territory.
37. Person in Charge of Transport Tool shall mean an
owner,

administrator,

agent,

ship

officer,

ship

captain, pilot captain, or driver of the pertinent

transport tool.

38. Passenger

shall

mean

any

person

who

gets

on

the

transport tool, except the crew of transport tool.

39. Representative of the Republic of Indonesia shall
mean the Republic of Indonesian Embassy, Consulate
General of the Republic of Indonesia and Consulate
of the Republic of Indonesia.

Article 2
Every Indonesian citizen reserves right to travel out
and in the Indonesian Territory.

CHAPTER II
IMPLEMENTATION OF IMMIGRATION FUNCTION
Section One
General
Article 3
(1) In order to implement the Immigration Function, the
Government shall define the Immigration policy.
(2) The

Minister

shall

undertake

the

immigration

policy.
(3) Immigration function along the borderline zone of
the Indonesian Territory shall be undertaken by the
Immigration Officer that includes the Immigration
Checkpoint Venue and border crossing post.

Article 4
(1)

In order to implement the Immigration Function as

contemplated in Article 3, an Immigration Office
can be established at district, municipality, or
sub-district.

(2)

In

every

work

area

of

Immigration

Office,

an

Immigration Checkpoint Venue can be established.

(3)

Establishment of Immigration Checkpoint Venue as

contemplated

in

paragraph

(2) shall

be

defined

under the Ministerial Decree.

(4)

In addition to Immigration Office as referred to

in paragraph (1), an Immigration Detention House
can

be

established

in

State

capital,

province,

district, or municipality.
(5)

Such Immigration Office and Immigration Detention

House constitute the technical implementing unit
located

under

the

Directorate

General

of

Immigration.

Article 5
Immigration
Republic

of

undertaken

Function
Indonesia
by

the

in
or

each

Representative

elsewhere

Immigration

designated Foreign Service officer.

abroad

Officer

of

the

shall

be

and/or

Article 6
The

Government

collaboration
and/or

with

can

in

undertaken

Immigration

international

an

with

agencies

international

other
or

countries

organizations

under laws and regulations.

Section Two
Management Information System of Immigration
Article 7
(1) The

Director

General

shall

be

responsible

for

preparing and arranging the Management Information

System

of

Immigration

as

means

of

Immigration

Function implementation inside or outside of the

Indonesian Territory.
(2) Such Management Information System of Immigration
can be accessed by relevant government institutes
and/or agencies in accordance with their task and
function.

CHAPTER III
ENTRANCE AND EXIT THE Indonesian Territory
Section One
General
Article 8

(1) Every

people

who

enter

or

exit

the

Indonesian

Territory shall be obliged to have a legal Travel

Document and still valid.
(2) Every Foreigner who enters the Indonesian Territory
shall be obliged to have a legal Visa and still
valid, unless determined otherwise under this Law
and under international treaty.

Article 9
(1) Every

people

who

enter

or

exit

the

Indonesian

Territory shall be obliged to pass through a check

conducted by the Immigration Officer at Immigration
Checkpoint Venue.
(2) Check

as

contemplated

in

paragraph

(1)

includes

Travel Document check and/or legal identity.

(3) In the event that any doubt upon Travel Document
validity
Immigration

and/or

identity

Officer

shall

of

someone,

the

be

authorized

to

undertake a search against the body and luggage and

can be proceeded by the Immigration investigation
process.

Section Two
Entrance of the Indonesian Territory
Article 10

Foreigners who have complied with the requirements can

enter

the

Indonesian

Territory

after

obtaining

an

Entrance Sign.

Article 11
(1) In emergency the Immigration Officer can provide an
emergency Entrance Sign to the Foreigners.
(2) Entrance

Sign

as

contemplated

in

paragraph

(1)

shall apply as Stay Permit of visit in a certain

period.

Article 12
The Minister is authorized to prohibit the Foreigner
present

in

certain

area

within

the

Indonesian

Territory.

Article 13
(1) The Immigration Officer shall reject the Foreigner
enters into the Indonesian Territory in case of
such foreigner:
a.

has the name contained on Deterrence list;

b.

does not have legal and valid Travel Document;

c.

has false Immigration document;

d.

does

not

have

Visa,

except

obligation to have a Visa;

released

from

e.

provides incorrect information in obtaining a

Visa;

f.

suffers

infectious

disease

that

harms

public

health;
g.

engaged

in

international

crime

and

organized

transnational criminal act;

h.

including in people search list to be captured

from any foreign country;

i.

engaged

in

violence

activity

against

the

Government of the Republic of Indonesia; or

j.

Including

in

the

network

of

prostitution

practices or activities, human trafficking and

people smuggling.
(2) Foreigners

that

being

rejected

to

enter

as

contemplated in paragraph (1) shall be placed in

temporary control while waiting for the process of
returning the people concerned.

Article 14
(1) Every Indonesian citizen shall not be rejected to
enter the Indonesian Territory.
(2) In the event that any doubt arising out against
Travel

Document

person

shall

of

provide

an

Indonesian

other

legal

citizen,
and

such

convincing

proof indicating that the person concerned is an

Indonesian citizen.

(3) In order to complement the proof as contemplated in

paragraph (2), such person can be placed in the
Immigration

Detention

House

or

Immigration

Detention Room.

Section Three
Exit the Indonesian Territory
Article 15
Every people can exit the Indonesian Territory after
complying with the requirements and Exit Sign from the
Immigration Officer.

Article 16
(1) The

Immigration

exit

the

Officer

Indonesian

shall

reject

Territory

in

the

case

people

of

such

people:
a.

have no legal and valid Travel Document;

b.

required for the interest of examination and

investigation

upon

request

of

authorized

officer; or
c.

his/her name included in Prevention list.

(2) The Immigration Officer shall also be authorized to

reject

the

Foreigner

to

exit

the

Indonesian

Territory in case that such Foreigner still have

any obligation in Indonesia that should be settled
according to the provision of laws and regulations.

Section Four
Obligation of Person in Charge of Transport Tool

Article 17
(1) Person in Charge of Transport Tool that enters or
exits the Indonesian Territory with the transport
tool

shall

be

obliged

to

pass

through

the

Immigration Checkpoint Venue.

(2) Person in Charge of Transport Tool that carries the
passengers that will enter or exit the Indonesian
Territory

can

only

disembark

or

embark

the

passenger at the Immigration Checkpoint Venue.

(3) The ship officer shall be obliged to prohibit the
Foreigner

who

complies

with

no

requirements

to

leave his/her transport tool during the transport

tool is in the Indonesian Territory.

Article 18
(1) The Person in Charge of Transport Tool coming from
external Territory of Indonesia or will depart out
of

the

Indonesian

Territory

shall

be

obligated

that:
a.

Prior

to

arrival

or

departure

shall

give

notification of arrival plan or departure plan

in

writing

Officer;

or

electronic

to

the

Immigration

b.

Submit the passenger list and transport tool

crew list signed to the Immigration Officer;

c.

Give a sign or hoist a signal flag for ship

coming from external Territory of Indonesia by
carrying the passenger;

d.

Ban every people embark or disembark and the

transport

tool

Immigration

without

Officer

permit

before

and

of
during

the
the

Immigration check is undertaken.

e.

Ban every people embark or disembark from the

transport tool that completion of Immigration
while waiting departure has bee obtained.

f.

Bring back outside of the Indonesian Territory

at the first occasion every Foreigner that is
ineligible coming with his/her transport tool.

g.

Ensures
will

that

enter

Territory

for

alleged

or

suspected

illegal

into

the

not

disembark

Foreigner
Indonesian

from

his/her

transport tool; and

(2) Person in Charge of regular Transport Tool shall be
obliged to use preliminary processing information
system

of

the

passenger

data

and

undertake

any

collaboration in the interest of notification for

passenger data through the Management Information
System of Immigration.

Article 19
(1) The Person in Charge of Transport Tool shall be
obliged to check any Travel Document and/or Visa
for

each

passenger

that

will

travel

into

the

Indonesian Territory.
(2) Check as contemplated in paragraph (1) shall be
conducted

prior

to

transport

tool

that

passengers
will

embark

lead

the

to

their

Indonesian

Territory.
(3) The

Person

in

Charge

of

Transport

Tool

as

contemplated in paragraph (1) shall be obliged to

reject for transporting every passenger that does
not have any legal and valid Travel Document, Visa,
and/or Immigration Document.
(4) When

in

Immigration

Immigration

Officer

check
found

performed
any

by

passenger

the
as

contemplated in paragraph (3), the Person in Charge

of Transport Tool can be imposed any sanction in
the form of cost for charge and must carry back
such passenger outside of the Indonesian Territory.

Article 20
The

Immigration

Officer

who

is

in

duty

authorized

embarking to the transport tool that anchors in the

port, lands at airport, or is in the border crossing
post for the interest of Immigration check.

Article 21
In case of an alleged violation to the provision as
contemplated

in

Article

17

or

Article

18,

the

Immigration Officer is authorized to order the Person

in Charge of Transport Tool in order to stop or carry
his/her transport tool into a place for the purposes of
Immigration check.

Section Five
Immigration Area
Article 22
(1) Every

Immigration

Checkpoint

Venue

shall

be

specified a specific area to perform Immigration

check that referred to as immigration area.
(2) Immigration area is a limited area that may only be
passed by the passenger or crew of transport tool
that

will

exit

or

enter

into

the

Indonesian

Territory or the competent officer and personnel.

(3) Head

of

Immigration

administrator

of

Office

airport,

together

seaport,

and

with
border

crossing post shall specify an immigration area as

contemplated in paragraph (1).
(4) Administrator
crossing

post

of
can

airport,
issue

seaport,
a

sign

to

and

border

enter

such

immigration area after obtaining any approval from

head of Immigration Office.

Article 23
Further

provision

procedures
Territory

of

concerning

entrance

shall

be

and

set

requirements

exit

forth

of
by

and

the

Indonesian

the

Government

Regulation.

CHAPTER IV
TRAVEL DOCUMENT OF THE REPUBLIC OF INDONESIA
Article 24
(1) Travel Document of the Republic of Indonesia shall
consist of:
a.

Passport; and

b.

Surat

Perjalanan

Laksana

Paspor

(Travel

Document in Lieu of a Passport)

(2) Passport consists of:
a.

Diplomatic passport;

b.

Official passport; and

c.

Ordinary passport.

(3) Surat Perjalanan Laksana Paspor (Travel Document in

Lieu of a Passport) consists of:
a.

Surat Perjalanan Laksana Paspor for Indonesian

citizen;

b.

Surat Perjalanan Laksana Paspor for Foreigner;

and

c.

Surat Perjalanan Lintas Batas (Border Crossing

Travel Document) or border crossing pass;

(4) Travel Document of the Republic of Indonesia as

contemplated

in

paragraph

(1)

constitutes

State

document.

Article 25
(1) Diplomatic passport is issued for the Indonesian
citizen that will travel outside of the Indonesian
Territory in the interest of placement or travel in
diplomatic duties.
(2) Official

passport

is

issued

for

the

Indonesian

citizen that will travel outside of the Indonesian

Territory in the interest of placement for nondiplomatic official travel.
(3) Diplomatic and official passports as contemplated
in paragraph (1) and paragraph (2) shall be issued
by Foreign Affairs Minister.

Article 26
(1) Ordinary passport shall be issued for Indonesian
citizen.
(2) Ordinary passport as referred to in paragraph (1)
shall be issued by the Minister of a designated
Immigration Officer.

Article 27
(1) Surat Perjalanan Laksana Paspor for the Indonesian
citizen shall be issued for the Indonesian citizen
in

specific

circumstance

in

case

of

ordinary

Passport can not be given.

(2) Surat Perjalanan Laksana Paspor for Foreign People
shall

be

issued

for

Foreign

People

who

have

no

legal Travel Document and his/her country has no

representative in Indonesia.
(3) Surat Perjalanan Laksana Paspor as contemplated in
paragraph (2) shall be given in case of:
a.

Upon

own

intention

to

exit

the

Indonesian

Territory as long as not subject to prevention;

b.

Subject to deportation; or

c.

Repatriation.

(4) Surat Perjalanan Laksana Paspor shall be issued by

the Minister or a designated Immigration Officer.

Article 28
Surat

Perjalanan

Laksana

Paspor

can

be

issued

for

individual or collective people.

Article 29
(1) Surat

perjalanan

lintas

batas

(Border

Crossing

Travel Document) or border crossing pass can be

issued for Indonesian citizen who domiciles in the

border territory of the Republic of Indonesia with

other country in accordance with border crossing
treaty.
(2) Surat

perjalanan

lintas

batas

(Border

Crossing

Travel Document) or border crossing pass shall be

issued by the Minister of a designated Immigration
Officer.

Article 30
Every citizen shall only be allowed to hold 1 (one)
similar Travel Document of Republic of Indonesia on
behalf of his/her name that is still valid.

Article 31
(1) Minister or a designated Immigration Officer shall
be authorized to withdraw or revoke an Ordinary
Passport,

Surat

Perjalanan

Laksana

Paspor,

and

Surat Perjalanan Lintas Batas or Border Crossing

Pass issued.
(2) Minister of Foreign Affairs or a designated officer
shall

be

authorized

to

withdraw

or

revoke

the

Diplomatic Passport and Official Passport.

(3) Such

ordinary

passport

withdrawal

shall

be

undertaken in case of:

a.

The bearer perpetrates criminal act or violates

laws and regulations in Indonesia; or

b.

The bearer includes in the list of Prevention.

Article 32
(1) Minister or a designated Immigration Officer shall
be responsible for planning, procurement, storage,
distribution, and security of any blank and form:
a.

Ordinary passport;

b.

Surat Perjalanan Laksana Paspor; and

c.

Surat

Perjalanan

Lintas

Batas

or

Border

Crossing Pass.
(2) Minister or a designated Immigration Officer shall
define

the

security

technical

specification

with

any standard of shape, size, design, feature of

security,

and

the

blank

volume

shall

be

in

accordance with an international standard and the

form of:
a.

Ordinary passport;

b.

Surat Perjalanan Laksana Paspor; and

c.

Surat

Perjalanan

Lintas

Batas

or

Border

Crossing Pass.
(3) Immigration Officer or a designated officer shall
be authorized to make filling out and recording,
either manual or electronic, into the blank and
form of:
a.

Ordinary passport;

b.

Surat Perjalanan Laksana Paspor; and

c.

Surat Perjalanan Lintas Batas or Border Crossing

Pass.

Article 33
Further

provisions

requirements

of

concerning

provision,

procedures

withdrawal,

and

cancellation,

revocation, replacement, and procurement of the blank

and

standardized

Indonesia

shall

Travel
be

set

Document
forth

by

of

Republic

the

of

Government

Regulation.

CHAPTER V
VISA, ENTRANCE SIGN, AND STAY PERMIT
Section One
Visa
Article 34
Visa consists of:
a. Diplomatic visa;
b. Official visa;
c. Visit Visa; and
d. Limited stay visa.

Article 35
Diplomatic visa is granted to Foreigner as holder of
diplomatic

Passport

and

other

passport

in

order

to

enter

the

Indonesian

Territory

in

implementing

the

diplomatic tasks.

Article 36
Official visa is granted to the Foreigner as holder of
official Passport and other passport that will travel
into the Indonesian Territory in order to perform nondiplomatic official tasks from the foreign government
concerned or international organization.

Article 37
Provision

of

diplomatic

and

official

Visa

is

an

authority of the Minister of Foreign Affairs and in the

operational is issued by foreign service officer in the
Representative of the Republic of Indonesia.

Article 38
Visit Visa is granted to the Foreigner that will travel
into

the

Indonesian

visitation

of

culture,

tourism,

Territory

government

tasks,

business,

in

order

education,
family

to

the

socialaffairs,

journalistic, or transit to proceed any travel to other

country.

Article 39
Limited

stay

visa

is

granted

to

the

following

Foreigner:
a. as

clergymen,

experts,

workers,

researchers,

students, investors, elderly and his/her families,

as

well

Foreigners

Indonesian

who

citizen,

marry

which

will

legally
travel

with
into

an
the

Indonesian Territory to reside in a limited period;

or
b. in order to join for working on the boat, floating
tool, or facilities that operate in the archipelago
waters

Territory,

territorial

sea,

continental

shelf, and/or Exclusive Economic Zone of Indonesia.

Article 40
(1) Provision of visit Visa and limited stay Visa is an
authority of the Minister.
(2) Visa

as

contemplated

in

paragraph

(1)

shall

be

given and signed by the Immigration Officer in the

Representative

of

the

Republic

of

Indonesia

in

foreign country.
(3) In

the

Republic

event
of

that

the

Indonesia

Representative

has

no

the

of

the

Immigration

Officer as contemplated in paragraph (2), provision

of

visit

Visa

and

limited

stay

Visa

undertaken by foreign service officer.

shall

be

(4) Foreign Service officer as referred to in paragraph

(3) shall be authorized to provide the Visa upon
obtaining the Ministerial Decree.

Article 41
(1) Visit

visa

can

also

be

given

to

Foreigner

at

arrival time in the Immigration Checkpoint Venue.

(2) Foreigner that can be given visit Visa at arrival
time

is

the

citizen

from

specific

country

stipulated under the Ministerial Regulation.

(3) Provision

of

Immigration
paragraph

visit

Visa

Checkpoint
(1)

shall

at

arrival

Venue
be

as

time

in

contemplated

undertaken

by

the
in
the

Immigration Officer.

Article 42
Application for Visa is rejected in case of:
a. applicants name contained in deterrence list;
b. applicant has no legal and valid Travel Document;
c. applicant has not enough living cost for him/herself
and/or his/her families while staying in Indonesia;
d. applicant

does

not

have

return

ticket

or

continuation ticket to proceed his/her travel into

other country;
e. applicant does not have Reentrance Permit to origin
country or does not have visa to other country;

f. applicant
disorder,

suffers
or

contagious

other

things

disease,

that

may

mental

endanger

the

health or public orderliness.

g. applicant

is

engaged

in

organized

transnational

criminal act or endanger the National territorial

integrity of the Republic of Indonesia; and/or
h. applicant is involved in the network of prostitution
practices

or

activities,

human

trafficking,

and

human smuggling.

Article 43
(1) In a specific circumstance, the Foreigner can be
released from an obligation to have Visa.
(2) Foreigner that is released from an obligation to
have

Visa

as

contemplated

in

paragraph

(1)

includes:
a.

Citizen
under

from
the

specific

President

country

stipulated

Regulation

regarding

reciprocal and benefit principles;

b.

Foreign citizen as holder of Stay Permit that

owns still valid Reentrance Permit;

c.

Ship officer, pilot captain, or crew on duty at

transport tool;

d.

Ship officer, ship crew, or foreign expert on

board or floating tool coming direct with their
transport

tool

to

operate

at

Archipelago

waters,

territorial

sea,

continental

shelf,

and/or Exclusive Economic Zone of Indonesia.

Section Two
Entrance Sign
Article 44
(1) Foreigner can enter the Indonesian Territory after
obtaining an Entrance Sign
(2) Entrance sign is granted by the Immigration Officer
at

the

Immigration

Checkpoint

Venue

to

the

Foreigner who is eligible to enter the Indonesian

Territory.

Article 45
(1) Entrance Sign for Foreigner who bears diplomatic
Visa

or

Indonesia

official
shall

Visa

also

that

apply

short

as

travel

diplomatic

in
Stay

Permit or official Stay Permit.

(2) Entrance

Sign

for

Foreigner

released

from

an

obligation to have Visa or holder of visit Visa

shall also apply as visit Stay Permit.

Article 45
(1) Foreigner who bears any diplomatic or official Visa
for

the

purpose

to

domicile

in

the

Indonesian

Territory after obtaining an Entrance Sign shall be

obliged to propose an application to the Minister

of Foreign Affairs or a designated officer in order
to obtain such diplomatic or official Stay Permit.
(2) Foreigner

who

obtaining

an

bears

Entrance

limited
Sign

stay

shall

be

Visa

after

obliged

to

propose an application to the Head of Immigration

Office in order to obtain a limited Stay Permit.
(3) In the event that Foreigner as contemplated in
paragraph (1) and paragraph (2) undertakes no
intended obligation, Foreigner concerned shall
be

deemed

to

stay

illegal

in the Indonesian Territory.

Article 47
Further
procedures

provision
of

concerning

application,

type

requirements
of

activities,

and
and

period of Visa, and procedures of providing an Entrance

Sign shall be set forth by the Government Regulation.

Section Three
Stay Permit
Article 48
(1) Every Foreigner who is in the Indonesian Territory
shall be obliged to have a Stay Permit.
(2) Such Stay Permit shall be given to Foreigner in
accordance with his/her owned Visa.

(3) Stay

Permit

as

contemplated

in

paragraph

(1)

consists of:
a.

Official Stay Permit;

b.

Visit Stay Permit;

c.

Limited Stay Permit; and

d.

Permanent Stay Permit.

(4) The Minister shall be authorized to prohibit the

Foreigner

who

has

been

given

Stay

Permit

is

present in a certain area within the Indonesian

Territory.
(5) To Foreigner who is undergoing any detention for
the

purpose

of

investigation,

prosecution,

and

examination process in a trial of court or undergo

imprisonment
while

or

his/her

Foreigner

is

jail
Stay
not

sentence
Permit
imposed

at
has

an

penitentiary,
lapsed,

such

obligation

as

contemplated in paragraph (1).

Article 49
(1) Diplomatic Stay Permit shall be given to Foreigner
who

enters

the

Indonesian

Territory

with

diplomatic Visa.
(2) Official Stay Permit shall be given to Foreigner
who the Indonesian Territory with an official Visa.

(3) Minister

of

Foreign

Affairs

shall

provide

the

diplomatic and official Stay Permit as well as its

renewal.

Article 50
(1) Visit Stay Permit shall be given to:
a.

Foreigner who enters the Indonesian Territory

with a visit Visa; or

b.

Newly born child in the Indonesian Territory

and

when

born

his/her

father

and/or

his/her

mother hold a visit Stay Permit.

(2) Visit Stay Permit as contemplated in paragraph (1)
letter b shall be given in accordance with a visit
Stay Permit of his/her father and/or his/her mother.

Article 51
Visit Stay Permit shall end because a holder of visit
Stay Permit:
a. Return to his/her origin country;
b. His/her permit valid period has expired;
c. His/her permit status changes into a limited Stay
Permit;
d. His/her

permit

is

annulled

by

designated Immigration Officer;

e. Subject to Deportation; or
f. Death.

the

Minister

of

Article 52
Limited Stay Permit shall be given to:
a. Foreigner that enters the Indonesian Territory with
a limited stay Visa;
b. Child at birth in the Indonesian Territory his/her
father

and

his/her

mother

hold

limited

Stay

Permit.
c. Foreigner is provided a status change from a visit
Stay Permit;
d. Captain, ship crew, or foreign expert on board ship,
floating tool,

or facilities that operate in

the

territory of waters and jurisdiction territory of

Indonesia in accordance with laws and regulations.
e. Foreigner who is legally married to an Indonesian
citizen.
f. A child from Foreigner who is legally married to an
Indonesian citizen.

Article 53
Limited Stay Permit shall terminate because of a holder
of limited Stay Permit:
a. Returns to his/her origin country and has no longer
intent to enters the Indonesian Territory;
b. Return
returns

to

his/her

exceeding

Permit owned;

origin
the

country

valid

period

and
of

no

longer

Reentrance

c. Owns a citizenship of the Republic of Indonesia;

d. His/her permit valid period has expired.
e. His/her permit status changes into a Permanent Stay
Permit;
f. His/her permit is cancelled by the Minister of a
designated Immigration Officer;
g. Subject to Deportation; or
h. Death.

Article 54
(1)

Permanent Stay Permit may be given to:

a. Foreigner who holds a limited Stay Permit as
clergymen, workers, investors, and elderly;
b. A family due to mixed marriage;
c. Husband, wife, and/or children from Foreigner
who holds a Permanent Stay Permit; and
d. Indonesian citizen former Foreigner and former
subject of a child with dual citizenship of the
Republic of Indonesia.

(2)

Permanent Stay Permit as contemplated in paragraph

(1) shall not be given to Foreigner who owns no
nationality passport;

(3)

Foreigner who holds a Permanent Stay Permit is an

Indonesian inhabitant.

Article 55
Provision,

renewal,

and

cancellation

of

visit

Stay

Permit, limited Stay Permit, and Permanent Stay Permit

shall be undertaken by the Minister or a designated
Immigration Officer.

Article 56
(1) Stay Permit that has been given to Foreigner can be
changed in status.
(2) Stay Permit that may be changed in status is a
visit

Stay Permit into a limited Stay Permit and a

limited Stay Permit into a Permanent Stay Permit.

(3) Status change of Stay Permit as contemplated in
paragraph

(2)

shall

be

stipulated

by

the

Ministerial Decree.

Article 57
(1) Visit Stay Permit and Limited Stay Permit can also
be changed in status into an official Stay Permit.
(2) Status change as contemplated in paragraph (1) can
only be executed under the Ministerial Decree upon
being approved by the Minister of Foreign Affairs.

Article 58
In case of the Immigration Officer is in doubt of a
Stay Permit status for Foreigner and citizenship of a

person, the Immigration Officer shall be authorized to

assess

and

examine

the

status

of

Stay

Permit

and

his/her citizenship.

Article 59
(1) Permanent Stay Permit shall be provided for the
period of 5 (five) years and can be renewed for
indefinite period to the extent that his/her permit
is not cancelled.
(2) Holder

of

Permanent

Stay

Permit

for

indefinite

period as contemplated in paragraph (1) must report

to the Immigration Office every 5 (five) years and
free of charge.

Article 60
(1) Permanent

Stay

Permit

for

an

applicant

as

contemplated in Article 54 paragraph (1) letter a,

shall

be

permanent
shall

given
for

sign

3
an

after
(three)

such

applicant

years

Integration

resides

consecutively
Statement

to

and
the

Government of the Republic of Indonesia.

(2) In order to obtain a Permanent Stay Permit for an
applicant as referred to in Article 54 paragraph
(1) letter b, shall be given after his/her marriage
age

reaches

(two)

years

and

shall

sign

an

Integration

Statement

to

the

Government

of

the

Republic of Indonesia.
(3) Permanent Stay Permit for an applicant as referred
to in Article 54 paragraph (1) letter c and letter
d, can be directly given.

Article 61
Holder of a limited Stay Permanent as contemplated in
Article 52 letter e and letter f from a holder of
Permanent Stay Permit as referred to in Article 54
paragraph (1) letter b and letter d, can engage the
work and/or the business to satisfy his/her living need
and/or his/her family.

Article 62
(1) Permanent Stay Permit may terminate due to holder
of Permanent Stay Permit:
a.

Leave

the

Indonesian

Territory

more

than

(one) year or has no longer intent to reenter

the Indonesian Territory.
b.

Does

not

apply

renewal

of

Permanent

Stay

Permit after 5 (five) years;

c.

Obtains

the

citizenship

of

the

Republic

of

Indonesia;
d.

His/her permit is cancelled by the Minister or

a designated Immigration Officer;

e.

Subject to Deportation action; or

f.

Death.

(2) Permanent Stay Permit shall be cancelled due to a

holder of Permanent Stay Permit:
a.

Found to perpetrate criminal act against the

State as set forth in laws and regulations;

b.

Undertakes activities that endanger the State

security;

c.

Violates an Integration Statement;

d.

Employs foreign worker without work permit;

e.

Provides

incorrect

information

in

filing

an

application of Permanent Stay Permit;

f.

Such

foreigner

is

subject

to

Immigration

Administrative Action; or
g.

Marital breakup of the Foreigner who is legally

married to an Indonesian citizen due to divorce
and/or upon court verdict, unless such marriage
has been ten (10) years old or more.

Article 63
(1) Certain Foreigner who is present in the Indonesian
Territory shall be obliged to have a Guarantor that
warrants his/her presence.
(2) The Guarantor shall be obliged on the presence and
activities

of

Foreigner

who

is

warranted

while

staying in the Indonesian Territory and shall be

obliged to report every change in civil status,
Immigration status, and change in address.
(3) The

Guarantor

arising

shall

out

to

be

return

obliged
or

to

pay

expel

the

any

cost

warranted

Foreigner from the Indonesian Territory in case of

the following:
a.

The valid period of such Foreigner Stay Permit

has expired;

b.

Subject to Immigration Administrative Action in

the form of Deportation.

(4) Provision

concerning

warranty

is

not

valid

to

Foreigner who is legally married with an Indonesian

citizen.
(5) Provision as contemplated in Article 62 paragraph
(2)

letter

g,

is

not

valid

in

the

event

that

marriage relationship holder of such Permanent Stay

Permit

with

an

Indonesian

citizen

in

order

to

obtain the guarantee that warrants his/her presence

as contemplated in paragraph (1) has broken.

Article 64
(1) Reentrance Permit shall be given to Foreigner who
holds

Permit.

limited

Stay

Permit

or

permanent

Stay

(2) Holder of a limited Stay Permit shall be given any

Reentrance Permit in which its valid period equals
to the valid period of a Limited Stay Permit.
(3) Holder of a permanent Stay Permit shall be given
any

Reentrance

Permit

that

applies

for

(two)

years to the extent not exceeding the valid period

of such permanent Stay Permit.
(4) Reentrance Permit shall apply for several times of
travel.

Article 65
Further

provision

requirements

of

concerning
application,

procedures
period,

and

provision,

renewal, or cancellation of Stay Permit, and status

change

of

Stay

Permit

shall

be

set

forth

by

the

Government Regulation.

CHAPTER VI
IMMIGRATION CONTROL
Section One
General
Article 66
(1) The Minister shall perform the Immigration control.
(2) Such Immigration Control includes:
a. Control on an Indonesian citizen that applies
any

travel

document,

exit

or

enter

the

Indonesian

Territory,

and

which

is

present

outside of the Indonesian Territory; and

b. Control

on

Foreigners

traffic

who

enters

or

exits the Indonesian Territory and control on

the presence and activities of such Foreigner
within the Indonesian Territory.

Article 67
(1) Immigration Control on an Indonesian citizen shall
be implemented at the time of applying any travel
document, exit or enter, or present outside the
Indonesian Territory shall be undertaken by:
a.

Collection,

processing,

and

presentation

of

data and information;

b.

Compilation

of

name

list

of

the

Indonesian

citizen that is subjected to Prevention to exit

the Indonesian Territory;
c.

Monitoring

of

every

Indonesian

citizen

who

applies any Travel Document, exit or enter the

Indonesian Territory, and present outside the
Indonesian Territory; and
d.

Photo and finger printing taking.

(2) Results of Immigration control as contemplated in

paragraph

(1)

shall

constitute

Immigration

date

that

may

be

determined

as

confidential

data

in

nature.

Article 68
(1) Immigration Control of Foreigner shall be performed
at the time of Visa application, enter or exit, and
provision of Stay Permit shall undertaken by:
a.

Collection,

processing,

and

presentation

of

data and information;

b.

Compilation
citizen

of

that

name

is

list

of

subjected

the

Indonesian

to

Deterrence

or

and

activities

of

Prevention;
c.

Control

of

the

presence

Foreigner within the Indonesian Territory;

d.

Photo and finger printing taking; and

e.

Other activities that may legally accountable.

(2) Results of Immigration control as contemplated in

paragraph (1) shall constitute the Immigration data
that may be defined as confidential data in nature.

Article 69
In order to undertake the Immigration control against
activities

of

Foreigner

within

the

Indonesian

Territory, the Minister shall establish the Foreigner

supervision

team

where

its

composition

of

member

consists of relevant agencies on institutes, either at

central or regional level. Minister or a designated
Immigration Officer shall act as the supervision team
leader of Foreigner.

Article 70
(1) Immigration Officer or a designated officer in the
interest of Immigration supervision as contemplated
in Article 67 and Article 68 shall be obliged to
undertaken:
a.

Collection of Immigration service data, either

from

Indonesian

citizen

or

from

foreign

citizen;
b.

Collection

of

traffic

data,

either

from

Indonesian citizen or from foreign citizen that

enters or exits the Indonesian Territory;
c.

Collection

of

foreign

citizen

data

where

detention decree has been obtained, either at

Immigration

Detention

Room

at

Immigration

Office or at Immigration Detention House; and

d.

Collection

of

foreign

citizen

data

that

is

under the process of Immigration action.

(2) Data collection as contemplated in paragraph (1)

shall

be

undertaken

by

entering

data

into

the

Management Information System of Immigration built

and developed by the Directorate General.

Article 71
Every

Foreigner

who

is

present

in

the

Indonesian

Territory shall be obliged to:

a. Provides

all

information

required

concerning

personal identity and/or his/her families identity

and

report

citizenship,

every

change

occupation,

of

civil

Guarantor,

or

status,
change

of

address to local Office of Immigration; or

b. Show and submit any Travel Document or Stay Permit
owned when required by the Immigration Officer on
duty in the interest of Immigration control.

Article 72
(1) Immigration

Officer

who

is

on

duty

may

ask

any

information from every one who provides occasion to

stay

for

Foreigner

concerning

Foreigner

data

concerned.
(2) Owner or management of Inn shall obliged to provide
data concerning the Foreigner who stays in his/her
Inn when required by the Immigration Officer on
duty.

Article 73
Provision

concerning

contemplated

in

Article

control
68

to

paragraph

Foreigner

as

(1)

b,

letter

letter c, letter d, and letter e, shall not be applied

to Foreigner who is present in the Indonesian Territory
in the interest of diplomatic tasks.

Section Two
Immigration Intelligence
Article 74
(1) Immigration Officer shall undertaken the function
of Immigration Intelligence.
(2) In the interest of implementing the function of
Immigration Intelligence, such Immigration Officer
shall undertake the Immigration investigation and
Immigration security and shall be authorized to:
a.

Obtain

information

from

people

or

government

institute;
b.

Visit a place or building assumed to find out

any

information

about

the

presence

and

activities of such Foreigner;

c.

Undertake

Immigration

Intelligence

operation;

or
d.

Undertaken any security of Immigration data and

information and the security for implementation
of Immigration tasks.

CHAPTER VII
IMMIGRATION ADMINISTRATIVE ACTION
Article 75
(1)

Immigration
conduct
against

Officer

the

Immigration

Foreigner

Indonesian

shall

authorized

Administrative

who

Territory

be

is

that

present

Action
in

neglects

to

the

hazardous

activities and reasonably suspected to endanger

public
respect

security
or

and

observe

orderliness

or

applicable

without

laws

and

regulations.
(2)

Immigration Administrative Action as contemplated

in paragraph (1) can be of:
a. Inclusion

in

the

list

of

Prevention

or

Deterrence;
b. Restriction, change, or cancellation of Stay
Permit;
c. Prohibition of staying at one or some specific
places within the Indonesian Territory;
d. Necessity

of

residing

at

certain

place

within the Indonesian Territory;

e. Imposition of burden costs; and/or
f. Deportation from the Indonesian Territory.

(3)

Immigration

Administrative

Action

Deportation

can

conducted

also

be

such

as

against

Foreigner who is staying within the Indonesian

Territory for trying to escape from threat and
execution

of

the

sentence

in

his/her

origin

country.

Article 76
Decision

on

Immigration

Administrative

Action

as

contemplated in Article 75 paragraph (1) and paragraph

(3) shall be made in writing and must be included by
the reason.

Article 77
(1) Foreigner

that

is

subjected

to

Immigration

Administrative Action can file the objection to the

Minister.
(2) The Minister can approve or reject the objection
proposed

by

such

Foreigner

as

referred

to

in

paragraph (1) by the Ministerial Decree.

(3) The Ministerial Decree as contemplated in paragraph
(2) shall be final in nature.
(4) Objection
postpone

filed
the

by

such

execution

Foreigner
of

shall

not

Immigration

Administrative Action to the person concerned.

Article 78
(1) Foreigner who holds Stay Permit where the valid
period

has

expired

and

still

stays

within

the

Indonesian Territory less than 60 (sixty) days from

Stay Permit deadline shall be imposed burden costs
in

accordance

with

provision

of

laws

and

regulations.
(2) Foreigner who pays no burden costs as referred to
in paragraph (1) shall be applied the Immigration
Administrative Action in the form of Deportation
and Deterrence.
(3) Foreigner who holds Stay Permit where the valid
period

has

expired

and

still

stays

within

the

Indonesian Territory more than 60 (sixty) days from

Stay

Permit

deadline

shall

be

imposed

the

Immigration Administrative Action in the form of

Deportation and Deterrence.

Article 79
Person in Charge of Transport Tool who complies with
no obligation as contemplated in Article 18 paragraph
(1) shall be imposed any burden cost.

Article 80
Burden cost as contemplated in Article 19 paragraph
(1) and Article 79 shall constitute one of Non-Tax
State Incomes in Immigration.

CHAPTER VIII
IMMIGRATION DETENTION HOUSE AND
IMMIGRATION DETENTION ROOM
Section One
Article 81
Immigration
State

Detention

capital,

House

province,

can

be

district,

established
or

in

municipality.

Such Immigration Detention House shall be lead by a

head.

Article 82
Immigration Detention Room comprises any specific room
and

constitutes

General,

part

Office

of

from

office

Immigration,

of

Directorate

or

Immigration

Checkpoint Venue.

Section Two
Execution of Detention
Article 83
(1)

Immigration Officer shall be authorized to put

the

Foreigner

into

the

Immigration

Detention

House or Immigration Detention Room in case of

such Foreigner:
a. Stays

in

the

Indonesian

Territory

without

having legal Stay Permit or having no longer

valid Stay Permit;
b. Stays

in

the

Indonesian

Territory

without

having any legal Travel Document;

c. Subjected to Immigration Administrative Action
in the form of his/her Stay Permit revoked due
to

perpetrate

act

that

contraries

with

applicable laws and regulations or interferes

public security and orderliness;
d. Waiting for execution of Deportation; or
e. Waiting for departure outside of the Indonesian
Territory

provision

of

Entrance

Sign

is

rejected.

(2)

Such Immigration Officer can put the Foreigner as

contemplated in paragraph (1) in other place in
case

of

such

Foreigner

gets

sick,

will

gives

birth, or still children.

Article 84
(1)

Execution Foreigner detention shall be neglected

by

written

decree

from

the

designated Immigration Officer.

Minister

or

(2)

Decision as contemplated in paragraph (1) shall

at least contain:
a. Data

of

Foreigner

who

is

subjected

to

detention;
b. Reason to undertake any detention; and
c. Place of detention.

Section Three
Period of Detention
Article 85
(1)

Detention to Foreigner shall be undertaken until

such detainee deportation finished.

(2)

In

case

of

Deportation

as

contemplated

in

paragraph (1) has not been executed, detention

can be executed within no later than 10 (ten)
years.
(3)

Minister or a designated Immigration Officer can

expel Detainee from Immigration Detention House
in

case

of

the

period

as

contemplated

in

paragraph (2) has been exceeded and provide the

permit

to

Immigration

Detainee
Detention

to

stay

House

outside

by

of

the

specifying

any

obligation to report periodically.

(4)

The Minister or a designated Immigration Officer

shall

control

and

attempt

that

Detainee

deportation

as

contemplated

in

paragraph

(3)

shall be executed.

Section Four
Handling of Human Trafficking and
Human Smuggling Victims
Article 86
This

provision

of

Immigration

Administrative

Action

shall not be applied to human trafficking and human

smuggling victims.

Article 87
(1) Human

trafficking

and

human

smuggling

victims

that are in the Indonesian Territory shall be put

into

Immigration

Detention

House

or

other

specified place.
(2) Human trafficking and human smuggling victims as
contemplated in paragraph (1) shall be special
treated differently with Detainee in general.

Article 88
The Minister or a designated Immigration Officer shall
attempt
victims

that
with

human

trafficking

foreign

and

citizenship

human
are

smuggling

immediately

returned to their origin country and given the travel

statement if they have no travel statement.

Article 89
(1) The Minister or a designated Immigration Officer
shall undertaken preventive and repressive efforts
in the interest of avoiding occurrence of criminal
act to the human trafficking and human smuggling.
(2) Preventive effort as contemplated in paragraph (1)
shall be conducted by way of:
a.

Information
relevant

exchange

domestic

with

other

institute

operandi,

supervision

security,

and

and

document

country

includes
Travel

and

modus

Document

legitimation

and

validity.
b.

Technical and training collaboration with other

country includes the treatment of victims based
on

humanity,

Document,

detection

information
detection

security

of

exchange,
Human

and

quality

of

false

and

of

Travel

document,

monitoring

Smuggling

by

and

conventional

and non-conventional ways.

c.

Provides legal counseling to the community that

act of human trafficking and human smuggling is
a crime so that people may not be the victim;

d.

Ensures
identity

that

the

issued

is

Travel

Document

qualified

so

or

that

any
such

document is easily misused, falsified, altered,

imitated,

or

issued

in

contravention

of

the

law; and
e.

Makes sure that Travel Document integrity and

security issued or published by or on behalf of
State to prevent such document illegally made
in case of its issuance and use.

(3) Repressive efforts as contemplated in paragraph (1)

shall be undertaken by:
a.

Investigation

of

Immigration

against

the

criminal actor of human trafficking and human

smuggling;
b.

Immigration Administrative Action against the

criminal actor of human trafficking and human
smuggling; and

c.

Collaboration in investigation with other legal

enforcement institutes.

Article 90
Further

provision

concerning

Immigration

control,

Immigration Intelligence, Immigration Detention House

and Immigration Detention Room, and handling of human
trafficking and human smuggling shall be set forth by
the Government Regulation.

CHAPTER IX
PREVENTION AND DETERRENCE
Section One
Prevention
Article 91
(1) The Minister shall be authorized and responsible
for

undertaking

any

Prevention

with

regards

to

Immigration sector.
(2) The Minister shall undertake any Prevention based
on:
a.

Results of Immigration control and decision of

Immigration Administrative Action;

b.

Decree

of

Attorney
task

the

in

sector

Finance

accordance
and

Minister
with

provision

and

their
of

General

respective
laws

and

regulations;
c.

Request of the Chief of National Police of the

Republic of Indonesia in accordance with the
provision of laws and regulations;

d.

Instruction

of

the

Chief

of

Corruption

Eradication Commission in accordance with the

provision of laws and regulations;
e.

Request

of

the

Chief

of

National

Narcotics

Board in accordance with the provision of laws

and regulations; and/or

f.

Decree, order, or request of the Chief of other

ministries/agencies that based on Law to have
an authority of Prevention.

(3) The Minister of Finance, General Attorney, Chief

National Police of the Republic of Indonesia, Chief
of

Corruption

National

Eradication

Narcotics

ministries/agencies

Commission,

Board,
who

have

or
a

Chief
Chief

authority

of
of
of

Prevention as contemplated in paragraph (2) letter

f, shall be responsible for any decision, request,
and order of Prevention made.

Article 92
In urgent state, officers as referred to in Article 92
paragraph

(2)

can

directly

request

to

certain

Immigration Officer for doing any Prevention.

Article 93
Implementation

on

the

decision

of

Prevention

as

contemplated in Article 91 shall be undertaken by the

Minister or a designated Immigration Officer.

Article 94

(1) Prevention as referred to in Article 91 shall be

set up by any written decree from an authorized
officer.
(2) Decision as contemplated in paragraph (1) shall at
least contain:
a.

Name, sex, place and date of birth or age, and

photo that are subjected to Prevention;

b.

Reason of Prevention; and

c.

Period of Prevention.

(3) Decree of Prevention shall be submitted to people

who are subjected to Prevention no later than 7
(seven) days as of date of decree stipulated.
(4) In the event that such decree of Prevention issued
by officers as contemplated in Article 91 paragraph
(2), such decree shall also be submitted to the
Minister no later than 3 (three) days as of date of
decree stipulated with any request to implement.
(5) The Minister may reject any request of executing
such

Prevention

Prevention

in

complies

case

of

with

no

such

decree

provision

of
as

contemplated in paragraph (2).

(6) Notification

of

rejection

for

such

Prevention

executed as contemplated in paragraph (5) shall be

submitted

to

the

officers

as

contemplated

in

Article 91 paragraph (20 no later than 7 (seven)

days

as

of

request

date

of

Prevention

accepted

together with any reason of Rejection.

(7) The Minister or a designated Immigration Officer
shall

put

any

identity

of

people

subjected

to

decree of Prevention into the list of Prevention

through

the

Management

Information

System

of

Immigration.

Article 95
Based on the list of Prevention as contemplated in
Article

94

paragraph

(7),

the

Immigration

Officer

shall be obliged to reject people who are subjected to

Prevention outside of the Indonesian Territory.

Article 96
(1) Every people who are subjected to Prevention may
file

any

objection

to

an

officer

issuing

such

decree of Prevention.
(2) Objection filed as contemplated in paragraph (1)
shall be made in writing together with any reason
and

delivered

within

the

valid

period

of

Prevention.
(3) Objection filed shall not delay an execution of
Prevention.

Article 97
(1) Period of Prevention shall be effective no later
than 6 (six) months and may be renewed every time
for a maximum of 6 (six) months.
(2) In case of no decree of the Prevention term renewed
is present then such Prevention shall terminate by
law.
(3) In case of any court verdict with a permanent legal
force stating free over case that being the reason
of Prevention is found then such Prevention shall
terminate by law.

Section Two
Deterrence
Article 98
(1) The Minister shall be authorized to undertaken any
Deterrence.
(2) An authorized officer may request the Minister to
undertaken such Deterrence.

Article 99
The Minister or a designated Immigration Officer shall
undertake an execution of Deterrence as contemplated in
Article 98.

Article 99
The Minister or a designated Immigration Officer shall
undertake an execution of Deterrence as contemplated in
Article 98.

Article 100
(1) Deterrence as contemplated in Article 98 shall be
stipulated by decree in writing.
(2) Decree of Deterrence upon request of an officer as
contemplated in Article 98 paragraph (2) shall be
issued by the Minister lo later than 3 (three) days
as of date of such request of Deterrence proposed.
(3) Request of Deterrence as contemplated in paragraph
(2) shall contain at least:
d.

Name, sex, place and date of birth or age, and

photo that are subjected to Deterrence;

e.

Reason of Deterrence; and

f.

Period of Deterrence.

(4) The Minister may reject any request of executing

such

Deterrence

Deterrence

in

complies

case

of

with

no

such

decree

provision

of
as

contemplated in paragraph (2).

(5) Notification

of

rejection

for

such

Deterrence

executed as contemplated in paragraph (5) shall be

submitted

to

the

officers

as

contemplated

in

Article 91 paragraph (20 no later than 7 (seven)

days

as

of

request

date

of

Deterrence

accepted

together with any reason of Rejection.

(6) The Minister or a designated Immigration Officer
shall

put

any

identity

of

people

subjected

to

decree of Deterrence into the list of Deterrence

through

the

Management

Information

System

of

Immigration.

Article 101
Based on the list of Deterrence as contemplated in
Article
shall

100

be

paragraph

obliged

to

(6),

the

Immigration

reject

the

Foreigners

Officer
who

are

subjected to Deterrence of entrance in the Indonesian

Territory.

Article 102
(1) Period of Deterrence shall be effective no later
than 6 (six) months and may be renewed every time
for a maximum of 6 (six) months.
(3) In case of no decree of the Deterrence term renewed
is present then such Deterrence shall terminate by
law.
(4) Decree of Deterrence for lifetime can be imposed to
Foreigner

who

is

deemed

security and orderliness.

to

interfere

public

Article 103
Further

provision

concerning

an

execution

of

Prevention and Deterrence shall be set forth by the

Government Regulation.

CHAPTER X
INVESTIGATION
Article 104
Investigation of any criminal act of Immigration shall
be undertaken under criminal law.

Article 105
PPNS (Civil Servant Investigator) of Immigration shall
be authorized as an Investigator of criminal act of
Immigration undertaken in accordance with the provision
herein.

Article 106
PPNS of Immigration shall be authorized to:

a. Receive

the

report

about

any

criminal

Immigration;
b. Seek any information and items of evidence;
c. Execute first action at the scene;

act

of

d. Prohibit every person to abandon or enter the scene

for the purpose of investigation;
e. Summon, examine, search, arrest, or detain a person
suspected

perpetrating

any

criminal

act

of

Immigration.
f. Detain, examine, and confiscate any Travel Document;
g. Order to stop the suspected or presumed person and
examine his/her identity;
h. Examine

or

seize

letters,

documents,

or

objects

related to any criminal act of Immigration;

i. Summon

person

to

examine

and

heard

his/her

information as the suspected person or witness;

j. Bring an expert required in relation to examination
of case;
k. Conduct an examination in a certain place letters,
documents, or other objects related to any criminal
act of Immigration are suspected thereto;
l. Take the suspected

photo and finger print;

m. Request any information from public or any competent

source;
n. Stop the investigation; and/or
o. Conduct other action according to law.

Article 107
(1) In

conducting

Immigration

any

shall

investigation,
coordinate

the

PPNS

the

National

with

of

Police Investigator of the Republic of Indonesia.

(2) After

investigation

Immigration

shall

completed,

submit

the

such

bundle

PPNS

of

case

of
to

general prosecutor.

Article 108
Examination item of evidence for the criminal act of
Immigration consists of:
a. Item

of

evidence

as

contemplated

in

the

law

of

criminal procedure;
b. Other

item

pronounced,

of

evidence

sent,

and

such

received

as
or

information

electronically

stored or similar with thereof; and

c. Written information from the competent Immigration
Officer.

Article 109
To

the

defendant

or

suspected

who

perpetrates

the

criminal act of Immigration as contemplated in Article

118, Article 119, Article 120, Article 121, Article
122, Article 123, Article 126, Article 127, Article
128, Article 129, Article 131, Article 132, Article 133

letter b, Article 134 letter b, and Article 135 may be

subjected to detention.

Article 110
(1) To the criminal act of Immigration as contemplated
in Article 116 and Article 117 shall be applied
any short examination procedure as contemplated in
the law of criminal procedure.
(2) PPNS of Immigration shall hand over the suspected
and item of evidence to the general prosecutor
along

with

records

about

the

criminal

act

of

Immigration alleged to the suspected.

Article 111
PPNS of Immigration may undertake any cooperation in
examination and investigation of the criminal act of
Immigration with domestic and other country institute
of

law

enforcement

in

accordance

with

laws

and

regulations or based on international treaty recognized

by Government of the Republic of Indonesia.

Article 112
Further provision concerning requirements, procedures
for

the

appointment

of

PPNS

of

Immigration,

and

administration of investigation shall be set forth by

the Government Regulation.

CHAPTER XI
CRIMINAL PROVISION
Article 113
Any person who knowingly enters or exit the Indonesian
Territory without passing through an examination by the
Immigration Officer at Immigration Checkpoint Venue as
contemplated

in

Article

paragraph

(1)

shall

be

punished with imprisonment for a maximum of 1 (one)

year

and/or

fine

sentence

at

the

maximum

of

Rp100,000,000,00 (one hundred million Rupiah).

Article 114
(1) Person in Charge of Transport Tool that enters or
exits

the

transport

Indonesian
tool

Immigration

Territory

without

Checkpoint

with

passing

Venue

as

his/her

through

the

contemplated

in

Article 17 paragraph (1) shall be punished with

imprisonment for a maximum of 1 (one) year and/or
fine sentence at the maximum of Rp100,000,000,00
(one hundred million Rupiah).
(2) Person

in

intentionally
without

Charge

of

disembark

passing

through

Transport
or
an

embark

Tool
the

examination

that

passenger
of

the

Immigration Officer or landing examining personnel

at the Immigration Checkpoint Venue as contemplated
in Article 17 paragraph (2) shall be punished with

imprisonment for a maximum of 2 (two) years and/or

fine sentence at the maximum of Rp200,000,000,00
(two hundred million Rupiah).

Article l15
Every Person in Charge of Transport Tool that pays no
cost of burden as contemplated in Article 19 paragraph
(4) and Article 79 shall be punished with imprisonment
for a maximum of 1 (one) year and/or fine sentence at
the maximum of Rpl00,000,000,00 (one hundred million
Rupiah).

Article 1 1 6
Every

Foreigner

contemplated

in

who

undertakes

Article

71

no

shall

obligation

be

punished

as
with

imprisonment for a maximum of 3 (three) months or fine

sentence

at

the

maximum

of

Rp25,000,000,00

(twenty

five million Rupiah).

Article 117
Owner or administrator of the Inn that provides no
information or provides no data of Foreigner staying
in the house or in his/her Inn after being asked by
the

Immigration

Article

72

Officer

paragraph

on

(2)

duty

as

contemplated

shall

be

punished

for

in
a

maximum of 3 (three) months or fine sentence at the

maximum

of

Rp25,000,000.00

(twenty

five

million

Rupiah).

Article 118
Every

Guarantor

who

is

intentionally

provides

incorrect information or complies with no guarantee

provided as contemplated in Article 63 paragraph (2)
and paragraph (3) shall be punished for a maximum of 5
(five)

years

or

fine

sentence

at

the

maximum

of

Rp500,000,000.00 (five hundred million Rupiah).

Article 119
(1)

Every
within
legal

Foreigner
the
and

who

enters

Indonesian
valid

and/or

Travel

Territory
Document

is

present

that

owns

no

and

Visa

as

contemplated in Article 8, shall be punished for

a maximum of 5 (five) years or fine sentence at
the

maximum

of

Rp500,000,000.00

(five

hundred

million Rupiah).
(2)

Every Foreigner who intentionally uses the Travel

Document, but known or reasonable presumed that
such Travel Document is false or falsified, shall
be punished for a maximum of 5 (five) years or
fine sentence at the maximum of Rp500,000,000.00
(five hundred million Rupiah).

Article 120
(1)

Every Foreigner who conducts act aiming to seek

advantage,

either

direct

or

indirect,

for

him/herself taking someone or a group of people,

either organized or non-organized, or order other
people to take someone or a group of people either
organized or non-organized without having legal
right to enter or exit the Indonesian Territory
and/or enter other country without having legal
right to enter the Indonesian Territory, either
using legal document or false document, or without
using

the

Travel

Document,

either

through

an

immigration check or not, shall be punished for

the reason of Human Smuggling with imprisonment
for a minimum of 5 (five) years and for a maximum
of 15 (fifteen) years and fine sentence at the
minimum of Rp500,000,000.00 (five hundred million
Rupiah) and for a maximum of Rpl,500,000,000.00
(one billion five hundred million Rupiah).
(2)

Attempt to perpetrate the criminal act of Human

Smuggling

shall

criminal

sentence

(1).

be
as

punished

with

contemplated

in

similar
paragraph

Article 121
A punishment of imprisonment shall be imposed for a
maximum of 5 (five) years and fine sentence at the
maximum

of

Rp500,000,000.00

(five

hundred

million

Rupiah) for:
a. Every person who are intentionally make false or
falsify the Visa or Entrance Sign or Stay Permit
for the purpose of own use or for other people to
enter or exit or stay in the Indonesian Territory;
b. Every Foreigner who are intentionally uses false
the

Visa

or

Entrance

falsified

to

enter

Sign

or

exit

or

Stay
or

Permit

stay

in

or
the

Indonesian Territory;

Article 122
A punishment of imprisonment shall be stipulated for
a maximum of 5 (five) years and fine sentence at the
maximum

of

Rp500,000,000.00

(five

hundred

million

Rupiah) for:
a. Every

Foreigner

who

intentionally

misuses

or

carries out activities that are not in accordance

with the purpose and objective of such Stay Permit
provided;
b. Every person who ask or give the Foreigner a chance
to misuse or carries out activities that are not in

accordance with the purpose and objective of such

Stay Permit provided;

Article 123
A punishment of imprisonment shall be stipulated for a
maximum of 5 (five) years and fine sentence at the
maximum

of

Rp.500,000,000.00

(five

hundred

million

Rupiah) for:
a. Every person who intentionally provide any false
letter

or

data

or

falsified

or

incorrect

information for the purpose to obtain Visa or Stay

Permit for him/herself or for other people;
b. Every Foreigner who is intentionally uses Visa or
Stay Permit as contemplated in letter a, to enter
and/or stay in the Indonesian Territory;

Article 124
Every

person

who

intentionally

hides

or

protect

or

provides housing or livelihood or provide employment

opportunity to Foreigner known or reasonable presumed:
a. Illegal stay in the Indonesian Territory shall be
punished with imprisonment for a maximum of 2 (two)
years

and/or

fine

sentence

at

the

maximum

of

Rp200,000,000.00 (two hundred million Rupiah);

b. His/her valid Stay Permit expires shall be punished
with imprisonment for a maximum of 3 (three) months

or fine sentence at the maximum of Rp25,000,000.00

(twenty five million Rupiah).

Article 125
Every Foreigner who without permit stays in a specific
region stated as a restricted area for Foreigner as
contemplated

in

Article

48

paragraph

(4)

shall

be

punished with imprisonment for a maximum of 3 (three)

years and/or fine sentence of Rp300,000,000.00 (three
hundred million Rupiah).

Article 126
Every person who is intentionally:
a. Using

the

Travel

Document

of

the

Republic

of

Indonesia to enter or exit the Indonesian Territory,

but known or reasonable presumed that such Travel
Document of the Republic of Indonesia is false or
falsified, shall be punished with imprisonment for a
maximum of 5 (five) years and fine sentence at the
maximum

of

Rp500,000,000.00

(five

hundred

million

Rupiah);
b. Using the Indonesian Travel Document of other people
or

already

revoked

or

declared

null

and

void

to

enter and exit the Indonesian Territory or submit to

other people the Indonesian Travel Document given to
him/her or belongs to other people for the purpose

to use without own right, shall be punished with

imprisonment for a maximum of 5 (five) years and
fine sentence at the maximum of

Rp500,000,000.00

(five hundred million Rupiah);

c. Providing invalid data or incorrect information in
order to obtain the Indonesian Travel Document for
him/herself or other people, shall be punished with
imprisonment for a maximum of 5 (five) years and
fine sentence at the maximum of

Rp500,000,000,00

(five hundred million Rupiah);

d. Having

or

similar

using

unlawfully

Indonesian

Travel

(two)

Document

or

and

more
all

of

still

valid, shall be punished with imprisonment for a

maximum of 5 (five) years and fine sentence at the
maximum of

Rp500,000,000.00 (five hundred million

Rupiah);
e. Falsifying the Indonesian Travel Document or making
false the Indonesian Travel Document for the purpose
to own use or to other people, shall be punished
with imprisonment for a maximum of 5 (five) years
and

fine

sentence

at

the

maximum

of

Rp500,000,000.00 (five hundred million Rupiah).

Article 127
Every
keeping

person
any

who
false

is

intentionally

Indonesian

and

Travel

unlawfully

Document

or

falsified
people,

for

shall

the

purpose

be

punished

to

own

with

use

or

to

imprisonment

other
for

maximum of 5 (five) years and fine sentence at the

maximum

of

Rp500,000,000.00

(five

hundred

million

Rupiah).

Article 128
A punishment of imprisonment for a maximum of 5 (five)
years

and

fine

sentence

at

the

maximum

of

Rp500,000,000.00 (five hundred million Rupiah) shall be

imposed to:
a. Every

person

who

intentionally

and

unlawfully

prints, owns, keeps, or commercialize any blank of

the Indonesian Travel Document or other blank of
Immigration Document;
b. Every

person

who

intentionally

and

unlawfully

creates, owns, keeps, or commercialize any stamp or

other tools used to validate the Indonesian Travel
Document or other Immigration Document;

Article 129
Every
his/her

person
own

who

intentionally

interest

or

for

and

other

unlawfully
people

for

interest,

destroys, alters, adds, reduces, or eliminates either

in part or in whole, information or stamp found in the
Indonesian

Travel

Document

or

other

Immigration

Document, shall be punished with imprisonment for a

maximum of 5 (five) years and fine sentence at the
maximum

of

Rp500,000,000.00

(five

hundred

million

Rupiah).
Article 130
Every person who intentionally and unlawfully controls
the

Travel

Document

or

other

Immigration

Document

people belongs to other people, shall be punished with

imprisonment for a maximum of 2 (two) years and/or fine
sentence

at

the

maximum

of

Rp200,000,000,00

(two

hundred million Rupiah).

Article 131
Anyone who intentional without any right and unlawfully
owns, keeps, destroys, omits, changes, reproduces, uses
and/or accesses the Immigration data, either manual or
electronic,
people,

for

shall

be

his/her

own

punished

interest

with

or

for

imprisonment

other
for

maximum of 5 (five) years and fine sentence at the

maximum

of

Rp500,000,000.00

(five

hundred

million

Rupiah).

Article 132
Immigration

Officer

or

other

designated

officer

who

intentionally and unlawfully provides the Indonesian

Travel

Document

and/or

provides

or

renew

the

Immigration
right,

Document

shall

be

to

person

punished

with

known

to

have

imprisonment

no

for

maximum of 7 (seven) years.

Article 133
An Immigration Officer or other officer who:
a. Lets

person

perpetrates

the

criminal

act

of

Immigration as contemplated in Article 118, Article

119, Article 120, Article 121, Article 122, Article
123, Article 126, Article 127, Article 128, Article
129, Article 131, Article 132, Article 133 letter b,
Article

134

letter

b,

and

Article

135

that

are

reasonable known by him/her, shall be punished with

imprisonment for a maximum of 5 (five) years;
b. Intentionally
data

to

an

discloses
authorized

confidential
party

as

Immigration

contemplated

in

Article 67 paragraph (2) and Article 68 paragraph

(2),

shall

be

punished

with

imprisonment

for

maximum of 5 (five) years;

c. Intentionally not implement the standard operating
procedure that applies in the process of departure
or arrival check at the Immigration Checkpoint Venue
resulting

the

entrance

of

Foreigner

into

the

Indonesian Territory as contemplated in Article 13

paragraph

(1)

or

the

exit

of

people

from

the

Indonesian Territory as contemplated in Article 16

paragraph (1), shall be punished with imprisonment

for a maximum of 2 (two) years;
d. Intentionally

and

unlawfully

not

implement

the

standard operating procedure of Detainee custody at

Immigration Detention House or Immigration Detention
Room resulting in such Detainee escapes, shall be
punished with imprisonment for a maximum of 2 (two)
years;
e. Intentionally and unlawfully not put the data into
the Management Information System of Immigration as
contemplated in Article 70, shall be punished with
imprisonment

for a maximum of 6 (six) months.

Article 134
Every Detainee who intentionally:
a. Creates, owns, uses, and/or distributes the weapon,
shall be punished with imprisonment for a maximum of
3 (three) years;
b. escapes from the Immigration Detention House or the
Immigration Detention Room, shall be punished with
imprisonment for a maximum of 5 (five) years.

Article 135
Anyone who engage quasi marriage aiming to obtain the
Immigration Document and/or to obtain the citizenship
status of the Republic of Indonesia, shall be punished

with imprisonment for a maximum of 5 (lima) years and

fine sentence at the maximum of

Rp500,000,00.00 (five

hundred million Rupiah).

Article 136
(1) In case of the criminal act

as contemplated in

Article 114, Article 116, Article 117, Article 118,

Article 120, Article 124, Article 128, and Article
129

conducted

by

any

Corporation,

any

criminal

sentence shall be punished to the management and

its corporation.
(2) Imposition of criminal sentence to the Corporation
is only with fine penalty provided that such fine
penalty shall be 3 (three) folds from each fine
penalty as contemplated in paragraph (1).
(3) Criminal provision as contemplated in Article 113,
Article

119,

Article

121

letter

b,

Article

123

letter b, and Article 126 letter a and letter b

shall

not

be

applied

to

the

trafficking and Human Smuggling.

CHAPTER XII
FUND
Article 137

victims

of

human

Fund

for

implementing

this

Law

shall

be

borne

on

Anggaran Pendapatan dan Belanja Negara (APBN) (National

Budget).

Article 138
(1) Application

of

the

Travel

Document,

Visa,

Stay

Permit, Reentrance Permit and burden costs under

this Law shall be shall be charged for immigration
fee.
(2) Immigration fee as contemplated in paragraph (1)
shall constitute one of Non-Tax State Incomes in
Immigration.
(3) Further provision concerning the immigration fee as
contemplated in paragraph (1) shall be set forth by
the Government Regulation.

CHAPTER XIII
MISCELLAENOUS PROVISIONS
Article 139
(1) Provision of Immigration for traffic of people who
enter

or

exit

the

Indonesian

Territory

at

the

border region shall be separate set forth by the

border crossing agreement between the Government of
the Republic of Indonesia and the government of
neighbor country whose border is same regarding the
provision herein.

(2) Provision of Immigration for a traffic of people

who enter or exit the Indonesian Territory using
entrance sign or exit sign with electronic devices
may

be

separate

multilateral

set

agreement

forth

by

regarding

bilateral
the

or

provision

herein.

Article 140
(1) In order to be the Immigration Officer, a specific
education of Immigration shall be carried out.
(2) In order to participate in the specific education
of Immigration, the participant should have passed
degree education.
(3) Provider of a specific education in Immigration as
contemplated in paragraph (1) shall be set forth by
the Ministerial Regulation.

CHAPTER XIV
TRANSITIONAL PROVISIONS
Article 141
At the time of this Law shall come into force:
a. Any

visit

Stay

Permit,

limited

Stay

Permit,

and

permanent Stay Permit issued under Law Number 9 Year

1992 concerning the Immigration declared to survive
until the term terminates.

b. A

husband

or

wife

from

legal

marriage

with

an

Indonesian citizen that their marriage age is more

than 2 (two) years and holds the limited Stay Permit
based

on

Law

Immigration

Number

may

be

Year

provided

1992

concerning

the

permanent

the
Stay

Permit according to this Law;

c. The

Indonesian

Number

Year

Travel

Document

issued

1992

concerning

the

under

Law

Immigration

declared to survive until the term terminates; and

d. A case of criminal act in Immigration that is under
process

in

processed

examination
under

Law

stage

shall

concerning

Law

remain
of

to

be

Criminal

Procedures.

CHAPTER XV
CONCLUDING PROVISIONS
Article 142
At the time of this Law shall come into force:
a. Law Number 9 Year 1992 concerning the Immigration
(State Gazette of the Republic of Indonesia Year
1992 Number 33, Supplement to State Gazette of the
Republic of Indonesia Number 3474);
b. Law Number 37 Year 2009 concerning Stipulation of
the Government Regulation in Lieu of Law Number 3 of
2009 concerning Amendment to Law Number 9 Year 1992
concerning the Immigration into Law (State Gazette

of the Republic of Indonesia Year 2009 Number 145,

Supplement

to

State

Gazette

of

the

Republic

of

Indonesia Number 5064); and

c. All laws and regulations related to Immigration that
are inconsistent with or not in accordance with this
Law shall be revoked and declared no longer valid.

Article 143
At

the

time

operational
concerning

of

this

Law

regulation

from

the

Immigration

shall
Law

be

Number

(State

effective,
9

Year

Gazette

of

an
1992
the

Republic of Indonesia Year 1992 Number 33, Supplement

to State Gazette of the Republic of Indonesia Number
3474) shall be

declared to survive as long as

not

contrary with or has not been replaced with the new

under this Law.

Article 144
This operational regulation of Law should have been
stipulated no later than 1 (one) year as of enactment
of this Law.

Article 145
This

Law

enactment.

shall

come

into

effect

on

the

date

of

For every one cognizance, this Law shall be promulgated

by

placement

in

State

Gazette

of

the

Republic

Indonesia.

Ratified in Jakarta
on May 5, 2011

PRESIDENT OF THE REPUBLIC OF INDONESIA

sgd.

DR. H. SUSILO BAMBANG YUDHOYONO

Promulgated in Jakarta
on May 5, 2011
MINISTER OF JUSTICE AND HUMAN RIGHTS OF
THE REPUBLIC OF INDONESIA
sgd.
PATRIALIS AKBAR

STATE GAZETTE OF THE REPUBLIC OF INDONESIA

YEAR 2011 NUMBER 52

of

This copy is in accordance wit original

MINISTRY OF STATE SECRETARY OF THE
REPUBLIC OF INDONESIA
Assistant to Laws and Regulations Deputy
in Politic and People Welfare,

Wisnu Setiawan

EXPLANATORY
LAW
NUMBER 6 OF 2011

EXPLANATORY
ON
LAW OF REPUBLIC OF INDONESIA
NUMBER 6 OF 2011
CONCERNING
IMMIGRATION

I. GENERAL
In

entering

passing of
society

and

the

third

millennium,

globalization
the

in all

development of

marked

by

sectors of
technology

the

world
in

the

field of information and communication beyond the

state territory border, human relations aspect that
so

far

national

in

nature

develops

into

an

international in nature, along with the growth and

development on demand of realized equality level in
human

life

respect

and

aspect,
uphold

encouraging
human

the

rights

as

obligation
part

of

to
the

universal life.

Along

with

the

developments

in

the

international

community, there has been a change in the country

that has changed the paradigm in the various aspects
of the State structure in the line of reform passed
in all areas. Such change has created an enormous

influence

on

the realization of

duties

for

human

rights.

Indonesian

all

citizens
Given

citizen

of

Indonesia

these

obtains

equal rights
as

part

developments,

equal

and
of

every

opportunities

in

using their right to exit or enter the Indonesian

territory. Thus, based on this Law, the provisions
regarding deterrence shall not apply to citizens of
Indonesia.

The

impacts

of

globalization

has

affected

the

economic system of the Republic of Indonesia and for

the anticipation changes in laws and regulations are
needed,

both

in

economics,

industry,

commerce,

transportation, labor, and regulations in the field

of traffic of people and goods. Such changes are
needed to increase the intensity of the relations of
the Republic of Indonesia to the international world
that have a huge impact on the implementation of the
functions and duties of Immigration.

Simplification of Immigration procedures for foreign

investors

to

invest

in

Indonesia

needs

to

be

undertaken, such as ease of administering Permanent

Stay Permit for investors who comply with a certain
requirement. Thus, is expected to create a pleasant

climate

of

investment

and

it

will

attract

more

foreign investors to invest in Indonesia.

In

the

international

developed

which

relationship

is

manifested

new

in

the

law
form

has
of

international conventions, the Republic of Indonesia

has one of the participants that have signed the
convention,
Convention

among
against

others,

the

Organized

United

Nations

Transnational

Crime,

2000, which was ratified by Law No. 5 of 2009 and

together with its two protocols that lead the role
of

Immigration

institute

si

becoming

increasingly

important because the convention has required the

participant

country

to

adopt

and

implement

the

convention.

On

the

should

other
be

hand,

improved

the
in

supervision
line

with

of

the

Foreigners
increase

of

international crime or transnational crime act, such

as human trafficking, human smuggling and narcotics
offenses

that

organized
perpetrators

are

often

international
of

these

widely
crime

crimes

in

committed
syndicate.

fact

can

not

by
The
be

punished by the old Immigration Law because of Law

Number 9 of 1992 sets forth no penalty for those who
organize the international crime. Those who may be

punished pursuant to Law Number 9 of 1992 are those

that are organized as a victim to enter Indonesian
Territory illegally.

Surveillance of Foreigners not only conducted at the

time they come in, but as long as they stay in the
Indonesia

Territory,

Immigration

including

Oversight

Immigration,

both

includes

its

law

administratively

activities.

enforcement
and

of

immigration

offenses. Therefore, it should also be regulated the

PPNS of Immigration that carries out specifically
tasks and authorities based on this Law. Immigration
offenses are specific criminal act so those formal
and

material

laws

are

different

from

the

general

criminal law, such as a special minimum criminal.

Aspects of service and supervision nor regardless of

the

Indonesian

islands

that

directly

Territory
have

with

geography

close

proximity,

neighboring

comprising
even

countries,

borders

which

the

implementation of the Immigration function along the

border is the authority of the immigration agency.
At

certain

traditional

points

along

traffic

in

the

and

border

out

of

there

the

is

Indonesian

citizens and citizens of neighboring countries. In

order

to

improve

services

and

facilitate

the

supervision, any cross-border agreement can be set

forth and expansion Immigration Checkpoint Venue can
be attempted. Thus, people who enter and exit the
Indonesian

Territory

outside

the

Immigration

Checkpoint Venue can be avoided.

The national interest is the interest of all the

people

of

Foreigners

Indonesia
also

so

that

requires

oversight

to

the

the participation of

the

public to report Foreigners known or suspected to be

illegally in the Indonesian Territory or abuse the
licensing
public

in

Immigration

participation,

sector.

effort

To

needs

increase

to

be

done

the
to

raise awareness of law for the community.

Based

on

rights,

the

selective

Foreigners

Territory

shall

be

policy

that
set

that

enter
forth,

values

the
as

human

Indonesian

well

as

for

Foreigners who obtain Stay Permit in the Indonesian

Territory must be in accordance with the intent and
purpose

for

staying

defined

policy,

and

in
in

Indonesia.
order

to

Based

protect

on

the

national

interests, just the Foreigners who benefit and not

compromise the public security and orderliness are
allowed to enter the Indonesian Territory.

To Indonesian citizens apply the principle that every

Indonesian

citizen

reserves

the

right

to

exit

or

enter the Indonesian Territory. However, based on the

specific

reason

and

for

certain

period

the

Indonesian citizens could be prevented out of the

Indonesian Territory.

Indonesian

citizens

can

not

be

subjected

to

Deterrence action because it is not in accordance

with

the

International

stating that a

principles

and

practices,

citizen should not be banned from

entering his/her own country.

In addition to the above problems, there are a few

things that being the consideration to update the Law
Number 9 of 1992 concerning the Immigration, namely:
a. Indonesian

geographical

area

with

interstate

traffic complexity of problems closely related to

the

aspect

of

state

sovereignty

in

relation

to

other countries;
b. any international

agreements or

conventions which

impact directly or indirectly on the implementation

of the Immigration Functions;
c. the

increase

of

international

and transnational

crime, such as illegal immigration, Human Smuggling,

human trafficking, terrorism, narcotics, and money

laundering;
d. arrangement of Detainee and Detainee deadline has
not been comprehensively undertaken;
e. Specific and universal Immigration function in its
implementation requires
utilizing

information

communications,

and

a systematic

approach

technology

require

the

and

by

modern

placement

of

Immigration Office and Immigration Detention House

structures as

the technical

implementation

units

under the Directorate General of Immigration;

f. system changes in citizenship of the Republic of
Indonesia under Law

Number 12 of 2006 concerning

the Citizenship of the Republic of Indonesia with

regards

to the

Function, among

implementation

of

the Immigration

others, regarding

limited

dual

nationality;
g. the sovereign right of country in the application of
the reciprocal principles concerning the granting
of Foreigners Visa;
h. agreement

in

standardization
security

in

order
of

the

to

harmonization

system and

international

travel

the

type

and
of

documents,

particularly the Asean Plus Regional as well as efforts of

alignment or harmonization of action or threat of criminal

act against the perpetrators of the organized human

trafficking and Human Smuggling syndicates:

i. expanding

the

subject

of

Immigration

criminal

perpetrator, so as to include not only individual

but also corporation and Foreign Guarantor entry
into

Indonesian

Territory

in

breach

of

Immigration; and
j. application

of

more

severe

criminal

sanctions

against Foreigners who violate the rules in the

field of Immigration because there has not been
creating a deterrent effect so far.
k. Given

the

carried

above

out

considerations,

reform

of

Law

Number

it
9

should
of

1992

be
by

establishing more comprehensive new law, in order

to adapt with the development of society and the
state

of

relevant

Indonesia,
legislation,

problem in the future.

II. ARTICLE BY ARTICLE

Article 1
Self explanatory
Article 2
Self explanatory
Article 3
Paragraph (1)

policies
and

or

regulations

anticipative

to

of
the

Immigration function in this provision is part

of

state

performance

tasks

in

service

and

public security sectors, law enforcement of

Immigration,

and

supporting

facilitators

of

national economic development.

Paragraph (2)
Self explanatory
Paragraph (3)
Immigration function along the border line
in accordance with his duty as gatekeeper
of the State, not the State borders lineman
Paragraph (4)
Self explanatory
Article 5
In case of there has not been an Immigration
Officer at the Representative of the Republic
of

Indonesia

or

other

location

abroad,

the

tasks and Functions of Immigration shall be

undertaken
country

by

local

service

in

officer

of

the

accordance

foreign

with

the

provision of legislation. A designated officer

of

the

foreign

country

service

in

this

provision is a diplomat functional officer. An

officer of the foreign country service that
performs the Immigration tasks and functions

shall

obtain

first

the

knowledge

in

System

of

part

from

Immigration.
Paragraph (6)
Self explanatory
Paragraph (7)
Management

Information

Immigration

is

an

integral

various processes of data and information

management,

application,

technology-based
communication

and

devices

built

to

information
and

the

integrate

and

connect the information system in entire

executive

of

the

integrated

Immigration

Function.
Article 8
Paragraph (1)
Legal
mean

and

any

valid

travel

travel

document"

document

issued

shall

by

the

competent officer and still valid at least

6

(six)

months

expires.
Paragraph (1)
Self explanatory
Article 9
Paragraph (1)
Self explanatory

prior

to

valid

period

Paragraph (2)
In

addition

to

Checkpoint,

the

when

Travel

Document

necessary

for

correctness, accurateness, and timeliness

of

the

examined

object,

it

can

be

undertaken to personal identity in order

to provide supporting data on the validity
of the Travel Document owned.
Paragraph (3)
The search is carried out in order to seek
the

clarity

Document

and

on

the

validity

personal

of

identity

Travel
of

the

person concerned. When of the results of

search

found

any

indication

of

the

Immigration criminal act, the process can

be

continued

with

an

investigation

of

Immigration.
Article 10
Self explanatory
Article 11
Paragraph (1)
Force majeure shall mean including any
transport

tools

land

in

the

Indonesian

Territory in the interest of humanitarian

aid

in

the

region

of

natural

disaster

within the Indonesian Territory or in case

any

transport

Foreigners

tools

dock

or

that
land

carry
somewhere

such
in

Indonesia due to mechanical failure or bad

weather,
not

while

intended

such
to

transport

dock

or

tools

land

in

are
the

Indonesian Territory.
Paragraph (2)
Self explanatory
Article 12
Certain region shall mean the conflict region
that will endanger the presence and security of
the Foreigner concerned.
Article 13
Paragraph (1)
Letter a
Self explanatory
Letter b
Self explanatory
Letter c
Self explanatory
Letter d
Self explanatory
Letter f
Self explanatory
Letter g

"International

crime

and

organized

transnational crime" shall mean among

others,

terrorism

Smuggling,

human

crime,

Human

trafficking,

laundering,

narcotics

money
and

psychotropic substances.

Based on letter of request from the

competent institute.
Letter h
Based on letter of request from the
competent institute.
Letter i
Based on letter of request from the
competent institute.
Letter j
Based on letter of request from the
competent institute.
Paragraph (2)
Placed under custody shall mean a
placement of Foreigner at Immigration
Detention

House

or

Immigration

Detention Room or a special room in

the

interest

departure
Territory.

of

waiting

outside
In

case

the
of

his/her

Indonesian
Foreigner

arrives by Ship, the person concerned

placed on such ship and prohibited to
disembark ashore as long as his/her
ship is in the Indonesian Territory
until

leaving

the

Indonesian

Territory.
Article 14
Self explanatory
Article 15
Self explanatory
Article 16
Paragraph (1)
Self explanatory
Paragraph (2)
This provision is intended to protect the
national interest or to avoid public loss,
for

example

the

not

completed

foreigner

or

willing

his/her tax obligation.

Article 17
Self explanatory
Article 18
Paragraph (1)
Letter a
Self explanatory
Letter b

concerned
not

has

complete

Self explanatory
Letter c
provide a sign or hoist the signal
flag

shall

mean

among

others,

to

hoist the N flag that is commonly

used in international practices.
Letter d
Self explanatory
Letter e
Self explanatory
Letter f
Self explanatory
Letter g
Self explanatory
Letter h
In

this

provision

every

passenger/crew of transport tools" shall

mean among others, passenger that owns no
Entry Sign, crew, or left passenger.
Paragraph (2)
Information

System

of

Passenger

Data

Initial Processing commonly referred to as

Advance

Passenger

Information

System.

Initial Processing of Passenger Data shall

be

given

deadline.

chance

until

certain

Article 19
Self explanatory
Article 20
Self explanatory
Article 21
Any place shall mean seaport, airport, border
crossing

post

or

other

reasonable

places

to

undertake the Immigration Checkpoint.

Article 22
Paragraph (1)
Immigration area" shall mean an area at
the Immigration Checkpoint Venue, started
from queue place of Immigration checkpoint
at departure until the transport tools or
from

the

transport

tools

to

the

Immigration checkpoint counter at arrival.

Establishment of immigration area is very
significant to determine the status of a
person whether to have deemed exiting or
entering the Indonesian Territory.
Paragraph (2)
Self explanatory
Paragraph (3)
Head

of

provision

Immigration
controls

Office
the

in

this

Immigration

Checkpoint Venue at airport, seaport, or

border crossing post
Paragraph (4)
This provision shall be implemented under
reciprocal
foreigner

principles
in

the

when

interest

granted
of

to

diplomatic

tasks.
Article 23
Self explanatory
Article 24
Paragraph (1)
Self explanatory
Paragraph (2)
Self explanatory
Paragraph (3)
Self explanatory
Paragraph (4)
State document shall mean any document
that

at

any

time

can

be

withdrawn

when

necessary for State interest. This document is

not the securities so that the Travel Document
of the Republic of Indonesia can not be used
for personal interest among others, for debt
guarantee.
Article 25
Self explanatory

Article 26
Self explanatory
Article 27
Paragraph (1)
specific

condition"

shall

mean

among

others, returning the Indonesian citizen

from other country.
Paragraph (2)
Self explanatory
Paragraph (3)
Self explanatory
Paragraph (4)
Self explanatory
Article 28
Surat

Perjalanan

Laksana

Paspor

(Travel

Document in Lieu of Passport) can be issued to

several citizens of Indonesia who encounter the
problem

in

abroad

that

foreign government together.

Article 29
Self explanatory
Article 30
Self explanatory
Article 31
Paragraph (1)
Self explanatory

being

returned

by

Paragraph (2)
Self explanatory
Paragraph (3)
perpetrate

any

criminal

act

or

violate

the legislation in Indonesia shall mean

every

person

presumed
action

of

to

Indonesian

perpetrate

and/or

threatened

the

violation

five

(5)

State
of

citizens
adverse

legislation

years

criminal

sentence or more that are still in the

Indonesian

Territory

or

Indonesian

Territory.

are

outside

Ordinary

the

passport

withdrawal to the suspected that has been

in

abroad

provision

shall
of

Surat

be

accompanied

Perjalanan

by

Laksana

Paspor of the Republic of Indonesia that

will be used in the interest of returning
the perpetrator to Indonesia.
Article 32
Self explanatory
Article 33
Self explanatory
Article 34
Self explanatory
Article 35

Diplomatic Visa shall be given to Foreigner

including

his/her

international

families

agreement,

based

on

reciprocal

principles, and courtesy.

Article 36
Official Visa shall be given to Foreigner
including

his/her

international

families

agreement,

based

on

reciprocal

principles, and courtesy in the interest of

diplomatic official tasks.
Article 37
Self explanatory
Article 38
Visit visa in application can be provided
to undertake the activities, among others:
1.

tourism;

2.

families;

3.

social;

4.

art and culture;

5.

government tasks;

6.

non-commercial sports;

7.

Comparative study, short course, and short

training;

8.

provide

counseling,

extension,

and

training in application and innovation of

industrial technology in order to improve

product quality and design of industry and

collaboration

in

foreign

marketing

for

Indonesia;
9.

undertake emergency and urgent works;

10. journalistic coverage that a permit from

the competent institute has been obtained;
11. Non-commercial
permit

from

the

film

production

competent

and

institute

a
has

been obtained;
12. perform business negotiation;
13. perform purchase of goods;
14. provide

speech

or

participate

in

the

seminar;
15. participate the international exhibition;
16. attend the conference held by head office,
or representative office in Indonesia;
17. undertaken

audit,

production

quality

control, or inspection to subsidiaries in

Indonesia;
18. candidate

of

foreign

manpower

for

competence trial to work;

19. proceed any travel to other country; and
20. join with transport tools that are present
in the Indonesian Territory.

Article 39
A

limited

Foreigner
period

Stay
who

and

Visa

shall

intends

can

to

also

be

stay

given

to

granted

in

to

limited

Foreigner

of

Indonesian citizen former who has been lost of

his/her

Nationality

Indonesia

based

of

on

the

Law

Republic

concerning

of
the

Nationality of the Republic of Indonesia and

intends

returning

to

Indonesia

in

accordance

with the provision of legislation. Such limited

Stay Visa in application can be provided to
undertake activities, among others:
1. In the interest of working
a. as expert;
b. join to work on the boat, floating tools,
or facilities operate in the Archipelago
waters

territory,

territorial

sea,

or

continental shelf and Exclusive Economic

Zone of Indonesia;
c. engage the task as a clergyman;
d. engage activities related to profession by
receiving payment, such as sport, artist,
entertainment,
lawyer,

trade,

activities

that

medicine,
and
a

other
permit

consultant,
professional
from

competent institute has been obtained;

the

e. engage

activities

in

commercial

film

from

competent

the

the

production

interest
and

institute

of

permit

has

been

obtained;
f. engage

quality

control

of

goods

audit

at

or

products;
g. engage

inspection

or

the

subsidiaries in Indonesia;
h. serve after sales;
i. install and repair of machine;
j. engage non-permanent work in the interest
of construction;
k. carry out an exhibition;
l. carry

out

the

professional

sport

activities;
m. engage medicinal activities; and
n. candidate

of

foreign

manpower

who

will

work in the interest of competence trial;

2. Not for working
a. foreign investment;
b. participate

in

training

research;
c. follow an education;
d. families integration;
e. repatriation; and
f. elderly.

and

scientific

Article 40
Self explanatory
Article 41
Paragraph (1)
Self explanatory
Paragraph (2)
Foreigner from a certain country that can
be

provided

among

others,

visit

Visa

Foreigner

when

from

arrival
country

that includes in the category of a country

with

higher

Indonesia
or

from

level

(tourist
a

relationship

of

generating

country
is

tourism

whose

enough

visit

to

countries)
diplomatic
good

with

Indonesia, however such country provides

no Visa-free facilities to the Indonesian
citizen.
Paragraph (3)
Self explanatory
Article 42
Letter a
Self explanatory
Letter b
Self explanatory
Letter c
Self explanatory

Letter d
Self explanatory
Letter e
Self explanatory

Letter f
Such rejection shall be in accordance with
any request from an authorized institute.
Letter g
Such rejection shall be in accordance with
any request from an authorized institute.
Letter h
Such rejection shall be in accordance with
any request from an authorized institute.
Article 43
Paragraph (1)
Self explanatory
Paragraph (2)
Letter a
Exemption of Visa in this provision
shall mean e.g. for the interest of
tourism

that

benefits

for

national

development regarding the reciprocal

principles,

i.e.

exemption

of

Visa

shall only be provided to Foreigner

from a country that also provides an

exemption of Visa to the Indonesian

citizen.
Letter b
Self explanatory
Letter c
Self explanatory
Letter d
Self explanatory
Article 44
Self explanatory
Article 45
Self explanatory
Article 46
Paragraph (1)
residing

in

the

Indonesian

Territory

shall mean in the interest of task placed

in the local representative of country or
representative
organization.
Paragraph (2)
Self explanatory
Paragraph (3)
Self explanatory
Article 47
Self explanatory
Article 48

of

international

Paragraph (1)
Self explanatory
Paragraph (2)
Self explanatory
In

principle,

every

Foreigner

who

enters the Indonesian Territory must

have

Permit
stay

Visa.
for

in

Under

Foreigner
the

the
is

Indonesian

Visa,

Stay

granted

to

Territory

Territory, but the provision is not

enforced against Foreigner who is in
the Indonesian Territory as a victim
of human trafficking.
Paragraph (3)
Self explanatory
Paragraph (4)
Specific region shall mean any conflict
region

that

safety,

and

will

security

concerned.
Paragraph (5)
Self explanatory
Article 49
Self explanatory
Article 50
Self explanatory

harm
of

the

presence,

the

Foreigner

Article 51
Self explanatory
Article 52
Letter a
Self explanatory
Letter b
Self explanatory
Letter c
Self explanatory
Letter d
waters

territory

waters,

shall

archipelagic

mean

inland

waters,

and

territorial sea.

jurisdiction

territory

shall

mean

any

territory outside of the waters territory

consisting
Continent

of

Exclusive

Shelf,

and

Economic

Additional

Zone,

Zone;

State owns sovereign right and authority

as

stipulated

in

the

provision

legislation and international law.

Letter e
Self explanatory
Letter f

of

child

shall

mean

child

from

widower/widow of the Foreigner married to

an Indonesian citizen or adopted child.
Article 53
Self explanatory
Article 54
Paragraph (1)
Letter a
clergyman

shall

mean

religious

leader recognized in Indonesia

Letter b
families

shall

mean

and child/children.
Letter c
Self explanatory
Letter d
Self explanatory
Paragraph (2)
Self explanatory
Paragraph (3)
Self explanatory
Article 55
Self explanatory
Article 56
Paragraph (1)

husband/wife,

transfer of status shall mean any change

in status of the Foreigner existence from
visit Stay Permit into limited Stay Permit
and

from

limited

Stay

Permit

into

permanent Stay Permit.

Paragraph (2)
Self explanatory
Paragraph (3)
Self explanatory
Article 57
Self explanatory
Article 58
status

of

Stay

Permit

and

citizenship

of

somebody in doubt shall mean among others, any

Immigration

data

concerned

is

indicate

that

questionable

the
of

person
his/her

citizenship status.
Article 59
Self explanatory
Article 60
Self explanatory
Article 61
his/her family shall mean a husband/wife, and
child/children.
Article 62
Self explanatory

Article 63
Paragraph (1)
specific

Foreigner

shall

mean

Foreigner who holds a limited Stay Permit

or permanent Stay Permit.
Paragraph (2)
change in civil status shall mean among
others, birth,

marriage, divorce, death,

and other change, e.g. change in sex.

Paragraph (3)
Self explanatory
Paragraph (4)
Self explanatory
Provision
shall

not

concerning
be

the

applied

guarantee

because

in

principle a husband or wife in the

marriage is responsible for his/her
partner
children).
Paragraph (5)
Self explanatory
Article 64
Self explanatory
Article 65
Self explanatory
Article 66

and/or

his/her

child

Self explanatory
Paragraph (1)
Self explanatory
Paragraph (2)
Immigration control shall mean any
control,

either

to

the

Indonesian

citizen or the Foreigner.

Article 67
Self explanatory
Article 68
Self explanatory
Article 69
Paragraph (1)
relevant government agency or institute
shall

mean,

Ministry,
National

for

example,

Foreign
Police

Home

Affairs

of

the

Affairs
Ministry,

Republic

of

Indonesia, National Army of the Republic

of

Indonesia,

Republic

of

General

Attorney

Indonesia,

and

of

Manpower

Ministry of the Republic of Indonesia.

Paragraph (2)
Self explanatory
Article 70
Self explanatory
Article 71

the

Letter a
change in civil status shall mean among
others,

birth,

marriage,

divorce,

and

guarantor

has

death.
In

the

event

that

the

settled such Foreigner is not required to

execute.
Letter b
Self explanatory
Article 72
Paragraph (1)
Request of information about data can be
undertaken, either manual or electronic.
Paragraph (2)
Self explanatory
Article 73
Self explanatory
Article 74
Paragraph (1)
Self explanatory
Paragraph (2)
Immigration investigation shall mean any
activities or actions of the Immigration
Officer

to

seek

and

find

out

an

event

alleged as the Immigration criminal act.

Letter a

Self explanatory
Letter b
Self explanatory
Letter c
Immigration

Intelligent

operation

shall mean any activities undertaken

under a plan to achieve the specific
goal
upon

and

specified

command

and

from

the

implemented
competent

Immigration Officer.
Letter d
Self explanatory
Article 75
Paragraph (1)
Self explanatory
Paragraph (2)
Letter a
Self explanatory
Letter b
Self explanatory
Letter c
Such

prohibition

is

addressed

to

Foreigner in which his/her existence

is not allowed by the government to
stay in the Indonesian Territory.
Letter d

residing in a specific place shall

mean

placement

Detention

at

House,

Immigration
Immigration

Detention Room, or other places.

Letter e
Self explanatory
Letter f
Self explanatory
Paragraph (3)
Self explanatory
Article 76
Self explanatory
Article 77
Self explanatory
Article 78
Self explanatory
Article 79
Self explanatory
Article 80
Self explanatory
Article 81
Self explanatory
Article 82
Self explanatory
Article 83
Paragraph (1)

Self explanatory
Paragraph (2)
other

places

shall

mean

hospital

or

other Inn that is easier controlled by the

Immigration Officer.
Article 84
Self explanatory
Article 85
Paragraph (1)
Self explanatory
Paragraph (2)
Self explanatory
Paragraph (3)
In case of deportation of a Detainee can
not be executed after more than ten (10)
years

having

the

status

as

Detainee,

he/she may be considered to give a chance

for doing life as basic right of human in
general outside the Detention House in a
specific
aspect

status
during

considering

executing

any

behavior
detention,

however, it remains under the control of

Minister

of

designated

Immigration

Officer through an obligation of periodic

reporting.
Paragraph (4)

This provision is intended that control to

any

activities

Detainee

and

will

not

existence
result

of

in

such

negative

impact for public. In addition, effort of

Deportation
country

to

that

his/her
is

country

prepared

or

to

third

receive

him/her shall remain to undertake.

Article 86
human trafficking victim shall mean a person
who

undergoes

mental,

the

physical,

psychological
sexual,

sufferance,

economic

and/or

social, as a result of criminal act on human

trafficking.
Article 87
Paragraph (1)
other

places

shall

mean

among

others,

Inn, housing, or dormitory defined by the

Minister.
Paragraph (2)
Special treatment shall mean a rule in
the

Immigration

applies

for

Detention

Detainee

that

House
is

not

that
fully

treated for the victims due to victims are

not Detainee.
Article 88
Self explanatory

Article 89
Self explanatory
Article 90
Self explanatory
Article 91
Paragraph (1)
Self explanatory
Paragraph (2)
Letter a
Self explanatory
Letter b
Self explanatory
Letter c
The National Police of the Republic
of Indonesia shall be authorized to
propose

any

direct

request

to

the

competent Immigration Officer at the

Immigration

Checkpoint

Venue

in

urgent state to prevent the suspected

person perpetrates a criminal act and
escapes out of the country.
Letter d
Self explanatory
Letter e
Self explanatory
Letter f

Self explanatory
Paragraph (3)
Self explanatory
In

this

shall

provision,

mean

for

urgent

example,

state

prevented

person is feared to escape to abroad

at that time or has been present at
the Immigration

Checkpoint Venue to

abroad prior to Decree of Prevention

is stipulated.

A certain Immigration Officer shall

mean

an

Immigration

Officer

at

Immigration Checkpoint Venue or other

technical implementing unit.
Article 93
Self explanatory
Article 94
Paragraph (1)
Decree of Prevention in writing shall be
issued

by

any

requesting

petites for execution.

Paragraph (2)
Self explanatory
Paragraph (3)

institute

or

An institute that issues such Decree of

Prevention shall be obliged to submit such
letter

to

the

person

subjected

to

Prevention.
Paragraph (4)
Self explanatory
Paragraph (5)
Self explanatory
Paragraph (6)
Self explanatory
Paragraph (7)
Self explanatory
Article 95
Self explanatory
Article 96
filing an objection shall mean a legal effort
provided to person subjected to Prevention in
order to defend upon such Prevention subjected
to him/her.
Article 97
Paragraph (1)
Self explanatory
Paragraph (2)
End by law is the reason for Prevention
ends and the person concerned can travel
outside of the Indonesian Territory.

Paragraph (3)
Self explanatory
Article 98
Paragraph (1)
Authority

of

deterrence

implementation

of

state

is

form

of

sovereignty

to

keep the security and public orderliness

carried out by the Immigration reasons.
Paragraph (2)
An authorized officer in this provision is
the head of government institute.
Article 99
Self explanatory
Article 100
Self explanatory
Article 101
Self explanatory
Article 102
Paragraph (1)
Self explanatory
Paragraph (2)
Self explanatory
Paragraph (3)
Self explanatory
Implementation of the provision based
on double crime by each country. For

example,

false

money

circulation

crime, terrorism, or narcotics stated

as the criminal act in Indonesia and
in origin country of such Foreigner.
Article 103
Self explanatory
Article 104
Self explanatory
Article 105
Self explanatory
Article 106
Letter a
Self explanatory
Letter b
Self explanatory
Letter c
Self explanatory
Letter d
Every person shall mean an individual or
corporation.
Letter e
Self explanatory
Letter f
Self explanatory
Letter g
Self explanatory

Letter h
Self explanatory
Letter i
Self explanatory
Letter j
Self explanatory
Letter k
Self explanatory
Letter l
Self explanatory
Letter m
Self explanatory
Letter n
Self explanatory
Letter o
Self explanatory
Article 107
Paragraph (1)
Coordination with an Investigator of the
National

Police

of

the

Republic

of

Indonesia undertaken since issuance of the

notification

letter

such

investigation

started, execution of investigation until

the bundles completed, and a copy of case
bundled
the

submitted

National

to

Police

an
of

Investigator
the

Republic

of
of

Indonesia. This coordination is undertaken

to avoid the overlapping investigations.
Paragraph (2)
Self explanatory
Article 108
Self explanatory
Article 109
Self explanatory
Article 110
Self explanatory
Article 111
Self explanatory
Article 112
Self explanatory
Article 113
Self explanatory
Article 114
Self explanatory
Article 115
Self explanatory Article 112
Self explanatory
Article 116
Self explanatory Article 112
Self explanatory
Article 117
Self explanatory

Article 118
Self explanatory
Article 119
Self explanatory
Article 120
Self explanatory
Article 121
Self explanatory
Article 122
Self explanatory
Article 123
Self explanatory
Article 124
Article 125
Self explanatory
Article 126
Self explanatory
Article 127
Self explanatory
Article 128
Self explanatory
Article 129
Self explanatory
Article 130
Self explanatory
Article 131

Self explanatory
Article 132
Self explanatory
Article 133
Self explanatory
Article 134
Self explanatory
Article 135
Self explanatory
False

marriage

Indonesian

is

citizen

a
or

marriage
a

of

foreigner

an
who

holds a Stay Permit with other foreigner

and such marriage is not a real marriage,
but in order to obtain a Stay Permit or a
Travel

Document

of

the

Republic

of

Indonesia. From legal aspect such marriage

law is a form of law smuggling.
Article 136
Self explanatory
Article 137
Self explanatory
Article 138
Self explanatory
Article 139
Self explanatory
Article 140

Self explanatory
Article 141
Self explanatory Article 136
Self explanatory
Article 142
Self explanatory
Article 143
Self explanatory
Article 144
Self explanatory
Article 145
Self explanatory.
SUPPLEMENT TO STATE GAZETTE OF THE REPUBLIC OF INDONESIA
NUMBER 521