penjelasan pp 31 th 2013 english version

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ELUCIDATION OF GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA

NUMBER 31 OF 2013 CONCERNING

IMPLEMENTING REGULATION OF ACT NUMBER 6 OF 2011 CONCERNING IMMIGRATION

I. GENERAL

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Smuggling, Article 103 concerning Implementation of Prevention and Deterrence, and Article 112 concerning the requirements, procedures for appointment of PPN Keimigrasian, and investigator administration. While, specific for further provision concerning immigration charges as contemplated in Article 138 Clause (3) of Act Number 6 of 2011 concerning Immigration will be governed by separate Government Regulation.

Preparation of some provisions which constitute the implementation regulation of Act Number 6 of 2011 concerning Immigration in one Government Regulation is intended to make it more efficient and integrated as well as to provide ease of understanding for those interested in the field of immigration.

Subject of content governed here includes the requirements and procedures for:

a. Entry and exit of the Indonesian Territory for Indonesian citizen and Foreigner, and the conveyance;

b. Provision, retraction, cancellation, revocation, and replacement of Travel Document of the Republic of Indonesia, and procurement of the form and its standardization;

c. Application for Visa, and type of activities and the valid period of use;

(3)

e. Immigration control, Immigration Intelligence, Immigration Detention Center, Immigration Detention Room, and handling to victims of Trafficking in Persons and Human Smuggling;

f. Implementation of Prevention and Deterrence; and

g. Appointment of PPNS Keimigrasian and Immigration investigation administration.

Setting for entry and exit of the Indonesian Territory includes passenger, conveyance crew, and the conveyance itself. Indonesian citizen in this setting can not be rejected to enter the Indonesian Territory to the extent that having evidence indicating the person concerned as a citizen of Indonesia. While for Entry Stamp provided by an Immigration Officer for Foreigner other than as evidence of being allowed to enter the Indonesian Territory, it also serves as a Stay Permit issued in accordance with the Visa owned. Special for holder of the limited stay Visa, Entry Stamp granted as temporary limited stay in a specific period of time.

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In case of a limited stay Visa upon arrival, in its progress is given to foreign citizen who will work in the short term, and for Foreigners who will work on the ship, floating device or installations that operate in the archipelago waters, territorial sea, continental shelf and/or the Indonesian Exclusive Economic Zone. Although Visa is an approval of entering the Indonesian Territory, but is not a guarantee that any Visa holder can automatically be granted an Entry Stamp.

With regard to the foregoing matters, further Stay Permit may be granted by the Immigration Officer at Immigration Checkpoints, Immigration Office, and the Ministry of Foreign Affairs. Stay Permit granted by the Immigration Officer at Immigration Checkpoints is attached or integrated functionally with an Entry Stamp. Stay Permit granted at the Immigration Office is in terms of renewal for visit Stay Permit, limited stay Permit for the first time and the renewal except for Foreigner who will carry out short job, granting permanent stay Permit and its renewal, and stay Permit through the transfer process of Immigration status.

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Travel Document of the Republic of Indonesia for Indonesian citizen either Passport or Travel Document as Passport, serves not only as a document of interstate travel, but also a proof of identity and proof of citizenship of the Republic of Indonesia to the holder at the time outside the Indonesian Territory. Therefore, for the safety and security of Travel Document of the Republic of Indonesia, the Minister or an Immigration Officer and the Minister of Foreign Affairs is obliged to create the standardization of Passport form which among others includes shape, size, design, and content of the form.

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Furthermore, to protect the security and orderliness and the interest of the State and the Government of the Republic of Indonesia, the Prevention and Deterrence are undertaken on the basis of the decision, request, or instruction of the competent officer who is authorized to perform the Prevention in accordance with Act, or the relevant agency in accordance with their mandate in terms of such Deterrence. For Prevention, in urgent circumstance can be made any request to the Immigration Officer at the Immigration Checkpoints or technical implementing unit that oversees the Immigration Checkpoints by a designated officer. However, to the law certainty, within a period of 20 (twenty) days from the request directly submitted, such written decision must be submitted to the Minister.

To the Foreigner who violates the provision of the laws and regulations, Immigration administrative action is imposed, waiting for execution of Deportation, or rejected entering the Indonesian Territory, an Immigration Officer is authorized to put him/her into Immigration Detention Center or Immigration Detention Room and obliged for Deportation to Foreigner as intended Detainee.

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be granted a permit stay outside the Immigration Detention Center under the approval of the Minister, while obliging him/her to periodically/continuously report to the Immigration Officer.

Immigration investigation conducted against Foreigner who violates the provision of Act Number 6 of 2011 concerning Immigration. For orderly implementation, appointment of PPNS Keimigrasian and Immigration investigation administration are undertaken relying on the provision of laws and regulations concerning law of criminal procedures and its implementation regulations.

II. ARTICLE BY ARTICLE Article 1

Self explanatory. Article 2

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Letter a

Self explanatory. Letter b

Self explanatory. Letter c

"Immigration Facilities" means facilities granted to a child with dual citizenship holding a Nationality Passport, proven by an affidavit.

Affidavit means letter of Immigration attached to or

incorporated in a foreign Passport containing information as dual nationality child and provides Immigration facilities to its holder pursuant to the provision of laws and regulations.

Article 10 Clause (1)

Using "the same Passport" means a Passport used by the child with dual nationality at the time of entry and exit of the Indonesian Territory in the same document.

Example:

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Territory using a foreign passport, in case of re-entry must also use the same foreign passport at the time of the child exits the Indonesian Territory.

Clause (2)

Clause (1)

Self explanatory. Clause (2)

Letter a

"Exit permit only" means a permit to leave the Indonesian Territory and not to return.

Article 17

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Article 18

Clause (1)

"as far as relating to check of person entering or exiting the Indonesian Territory" means that the Landing Examining Officer shall not exercise the authority owned by the Immigration Officer, among others, rejection of entry or exit of the Indonesian Territory.

Clause (6)

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Letter a

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anywhere in Indonesia due to mechanical failure or bad weather, while the conveyance is not intended to anchor or land in the Indonesian Territory.

Letter d

Letter a

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"Letter of assignment order" means an order letter provided by a superior to subordinate to carry out duties in relevant institution and/or government agency in

accordance with their mandate.

"Specific Civil Servant" means among other, a Civil Servant who receives duties of the National Narcotics Agency, National Agency for Combating Terrorism.

Letter c

Self explanatory. Letter d

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Clause (1)

Letter a

"verification" means the flow to check data of applicant entered by data entry operator according to attached data that cover Prevention and Deterrence based similarity data of applicant with available data in the database Immigration.

Letter b

"adjudication" means the stage of checking an application under biometric data on Immigration database and/or a list of Prevention and Deterrence. Article 53

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"certain circumstance" means among others, including the repatriation of an Indonesian citizen from other countries whose passport is lost or damaged due to repatriation of troubled Indonesian citizen.

Clause (2)

Clause (1)

Letter a

Self explanatory.

Letter c

"repatriation" means repatriation of the Foreigner to his/her origin country.

Article 59

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Article 60

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Article 74

Clause (1)

"Other Passport" means including ordinary Passport, service Passport, or laissez passer.

"diplomatic duties" means including:

a. to carry out the task of placement at diplomatic

representative and foreign country consular accredited in Indonesia or other international organization that has the representative office in Indonesia;

b. visit to attend the conferences and other international meeting; and

c. diplomatic delegate visit.

Clause (2)

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"other supporting document" means including a letter of invitation from the organizer, or a letter of confirmation of participation in the training events, conferences or international meetings held in Indonesia, health certificate, and identity card. Clause (2)

Clause (1)

“Other Passport" means among others, including ordinary

Passport, diplomatic Passport, or laissez-passer.

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a. to carry out the task of placement at its

representative or international organizations in Indonesia;

b. to carry out the task of placement in Indonesia in the

framework of technical cooperation between the Government of the Republic of Indonesia with other government country and/ or international organization pursuant to a bilateral agreement;

c. non-diplomatic official visit representing his/her

government to the relevant Government institution of the Republic of Indonesia, visit the diplomatic representative or consular representative;

d. non-diplomatic official visit representing an international organization to the relevant Government institution of the Republic of Indonesia, visit his/her international organization representative; and

e. visit to attend the conference or other international

meeting. Clause (2)

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Clause (1) Letter a

Self explanatory. Letter e

"other supporting document" means including a letter of invitation from the organizer, or a letter of confirmation of participation in the training events, conferences or international meetings held in Indonesia, health certificate, and identity card. Clause (2)

Self explanatory.

Article 85

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Article 89

Letter a

Have living costs while staying in the Indonesian Territory shall be proved by showing a current account, savings book, or deposit for latest 3 (three) months belong to Foreigner in question or the Guarantor showing any guarantee of enough living cost for himself/herself and/or his/her family.

Letter d

Self explanatory. Letter f

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"government" means the government of the Republic of Indonesia or government of other country.

Clause (5)

Clause (1)

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Letter a

"activities related to the profession" means among others, including sports, artists, entertainment, medicine, consultants, lawyers, and trade.

Letter e

Self explanatory. Letter g

Self explanatory. Letter h

Self explanatory. Letter i

Self explanatory. Letter j

Self explanatory. Letter k

Self explanatory. Letter l

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Letter m

Self explanatory. Letter n

Letter a

"repatriation" means Foreigner who is the former of Indonesian citizen wishing to stay in the Indonesian Territory.

Letter f

Letter a

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Letter d

"child" means a child or adopted child of a Foreigner widower/widow who marries the Indonesian citizen.

Letter e

Clause (1) Letter a

Have living costs while staying in the Indonesian Territory shall be proved by showing a current account, savings book, or deposit for latest 3 (three) months belong to Foreigner in question or the Guarantor showing any guarantee of enough living cost for himself/herself and/or his/her family. Letter d

Letter a

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Letter c

In this provision in case of a father or a mother of Indonesian citizen whose dual nationality child has died then a photocopy of identity card and a photocopy of family card Indonesian citizen father or mother is replaced with a photocopy of identity card and a photocopy of family card of the Guarantor Letter e

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Clause (1) Letter a

“undergoing imprisonment in a correctional

institution" means including provision of leave to visit family, leave ahead free, assimilation, and parole.

Letter b

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Article 117

Clause (1)

Letter a

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Letter b

Self Explanatory. Letter c

"other competent authorities" mean for instance, the Indonesian Armed Forces, Indonesian National Police, or the Ministry of Defense.

Article 128

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Article 137

Clause (1) Letter a

"child" means a child or adopted child of a Foreigner widower/widow who marries the Indonesian citizen.

Clause (2)

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Letter a

Self explanatory. Letter h

Self explanatory. Letter i

"foreign elderly traveler” means a foreign national traveler whose minimum age is 55 (fifty five) years.

Figure 1

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Figure 2

Self explanatory.

Figure 3

Self explanatory.

Figure 4

"health insurance policy, death insurance, and legal liability insurance to third party in civil affairs" means an insurance policy that applies in the Indonesian Territory.

Figure 5

Self explanatory.

Figure 6

"informal employment" means among others, including housekeeper, driver, security guard, and a gardener.

Article 143

Clause (1)

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Letter a

"Passport" means an official document issued by a State either to its citizen or not its citizen and valid in a certain period.

Letter d

Letter a

"Passport" means an official document issued by a State either to its citizen or not its citizen and valid in a certain period.

Letter d

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Clause (1) Letter a

"family" means husband/wife and child. Letter c

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Clause (1)

Letter a

"worker" means a Foreigner with top management position in the company and/or chief representatives of the foreign company operating in the Indonesian Territory.

Letter c

"investor" means a Foreigner as an investor and/or

a Company’s shareholder Foreigner in Indonesia.

Letter d

“elderly” means a Foreigner whose minimum age is 55

(fifty five) years. Letter e

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Letter g

Self explanatory.

Article 168

Clause (1)

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"closed field control" means a supervision undertaken by way of disguise in places that Immigration violation is alleged to occur.

Accessible Data and information mean specific data and information that have been integrated in Management Information System of Immigration implemented under the memorandum of understanding or agreement between the Ministry of Justice and Human Rights with relevant institution and/or the government agency.

Article 176

Clause (1)

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Clause (2)

Accessible Data and information mean specific data and information that have been integrated in Management Information System of Immigration implemented under the memorandum of understanding or agreement between the Ministry of Justice and Human Rights with relevant institution and/or the government agency.

Article 181

Clause (1)

"in certain circumstance" means without order from superior or the competent officer in terms of direct knowledge of the case and arrest in place the presence and/or activity of Foreigner that is reasonably suspected to Immigration violation.

Clause (3)

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Article 185

Clause (1)

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Human Rights, Ministry of Finance, Ministry of Foreign Affairs, Ministry of Manpower and Transmigration, Ministry of Home Affairs, the Indonesian National Police, Attorney General of the Republic of Indonesia, National Narcotics Agency, National Intelligence Agency, the Strategic Intelligence Agency of the Indonesian Armed Forces, and the National Agency for Combating Terrorism.

"local institution and/or local government agency" means among others, including Regional Police/Metro Resort Police/City Resort Police/Resort Police, Ministry of Law and Human Rights, provincial/district/municipal local government, the

National Narcotics Agency for

province/district/municipality, Local State Intelligence Agency, Strategic Intelligence Agency of Indonesian National Army in Military Regional Command/Military Resort Command/Military District Command/Navy Main Base/Naval Base/Navy Post, and the High Court/District Attorney.

Article 196

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Article 199

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Article 212

Letter a

"other place" means among others, including home, dorm, or inn used as temporary shelters.

Letter d

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Article 220

Clause (1)

Special treatment shall be granted to victims of Trafficking in Persons and Human Smuggling because those victims are not Detainee.

Clause (3)

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"urgency" means is addressed to prevent people suspected of committing a crime or offense who will escape out of the country. People who are prevented allegedly feared at that time has been at the Immigration Checkpoints for out of the country before a decision Prevention is stipulated.

Clause (2)

"none” means among others, including because of job vacancy, either temporary or permanent.

Clause (5)

Clause (1)

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Clause (2) Letter a

“Photo” means a facial image or a photograph.

Clause (3)

"competent authority" is the head of government institution.

Article 235

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Reason of Deterrence based on demand in this provision related to the active role and the position of Indonesia in international association or relations.

"list of Deterrence" means a list contains the identities of Foreigner who is imposed to decree of Deterrence, reason of Deterrence, and duration of Deterrence.

Clause (2)

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Self explanatory.