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Cancellation of Stay Permit

CHAPTER III STAY PERMIT

Subdivision 2 Cancellation of Stay Permit

Article 138

Visitor Stay Permit, Limited Stay Permit, and Permanent Stay Permit can be canceled by the Head of the Immigration Office or appointed Immigration Official.

Article 139

(1) The Visitor Stay Permit as referred to in Article 138 can be canceled in the event that the Foreign Nationals:

a. are proven to have committed a crime against the state as stipulated in the provisions of laws and regulations;

b. conduct activities that are dangerous or reasonably suspected to be dangerous to public security and order;

c. violate the provisions of laws and regulations;

d. provide incorrect information in applying for a visitor Stay Permit; or e. are subject to Immigration administrative measure.

(2) In addition to the reasons for canceling a Visitor Stay Permit as referred to in paragraph (1), the Head of the Immigration Office or appointed Immigration Official can also cancel a Visitor Stay Permit for Foreign Nationals in the event that:

a. there is [sic!] a recommendation for cancellation from a central government agency;

b. it is suspected that the presence in Indonesian Territory does not have a clear purpose and does not provide benefits to the state;

c. no longer meets the qualifications as regards the reasons for granting Stay Permit;

d. did not perform their obligations while in Indonesia; or e. conduct things that are prohibited while in Indonesia.

Article 140

(1) The Limited Stay Permit as referred to in Article 138 can be canceled in the event that the Foreign Nationals:

a. are proven to have committed a crime against the state as stipulated in the provisions of laws and regulations;

b. conduct activities that are dangerous or reasonably suspected to be dangerous to public security and order;

c. violates the provisions of laws and regulations;

d. provide incorrect information in applying for a Limited Stay Permit;

e. are subject to Immigration administrative measure; or

f. termination of marital relations due to divorce and/or based on a court decision for Foreign Nationals who obtain a Limited Stay Permit because they are legally married to an Indonesian citizen.

(2) In addition to the reason for canceling the Limited Stay Permit as referred to in paragraph (1), the Head of the Immigration Office or the appointed Immigration Official can also cancel the Limited Stay Permit for Foreign Nationals in the event that:

a. there is [sic!] a recommendation for cancellation from a central government agency;

b. it is suspected that the presence in Indonesian Territory does not have a clear purpose and does not provide benefits to the state;

c. no longer meets the qualifications as regards the reasons for granting Stay Permit;

d. did not perform their obligations while in Indonesia; or e. conduct things that are prohibited while in Indonesia.

Article 141

(1) The Permanent Stay Permit as referred to in Article 138 can be canceled in the event that the Foreign Nationals:

a. are proven to have committed a crime against the state as stipulated in the provisions of laws and regulations;

b. conduct activities that endanger state security or are reasonably suspected of being dangerous to public security and order;

c. violates the declaration of integration;

d. employ foreign workers without a work permit;

e. provide inaccurate information in applying for a Permanent Stay Permit;

f. are subject to Immigration administrative measure; or

g. termination of marital relations for Foreign Nationals who are legally married to Indonesian citizens due to divorce and/or based on a court decision, except for marriages that have been 10 (ten) years or older.

(2) In addition to the reason for canceling the Permanent Stay Permit as referred to in paragraph (1), the Head of the Immigration Office or the appointed Immigration Official can also cancel the Permanent Stay Permit for Foreign Nationals in the event that:

a. there is [sic!] a recommendation for cancellation from a central government agency;

b. it is suspected that the presence in Indonesian Territory does not have a clear purpose and does not provide benefits to the state;

c. no longer meets the qualifications as regards the reasons for granting Stay Permit;

d. did not perform their obligations while in Indonesia; or e. conduct things that are prohibited while in Indonesia.

Article 142

(1) Cancellation of visitor Stay Permit, limited Stay Permit, and Permanent Stay Permit as referred to in Article 138 is conducted by the Head of the Immigration Office or an appointed Immigration Official by affixing:

a. stamp of cancellation of Stay Permit on Entry Sign and/or Stay Permit; and b. deportation stamp on their travel document.

(2) In the event that Visitor Stay Permit, Limited Stay Permit, or Permanent Stay Permit is canceled based on the reasons as referred to in Article 139 paragraph (2) letter c and letter d, Article 140 paragraph (1) letter f, Article 140 paragraph (2) letter c and letter d, Article 141 paragraph (1) letter g, and Article 141

paragraph (2) letter c and letter d, the Head of the Immigration Office or the appointed Immigration Official shall affix:

a. stamp of cancellation of Stay Permit on Entry Sign and/or Stay Permit; and

b. repatriation stamp on their travel document.

(3) The Head of the Immigration Office or the appointed Immigration Official shall order the Foreign Nationals to leave Indonesian Territory within a maximum period of 7 (seven) Days from the date the deportation stamp or repatriation stamp is affixed.

(4) Cancellation of Visitor Stay Permit, Limited Stay Permit, or Permanent Stay Permit is conducted after the examination is stated in the minutes of examination and minutes of opinion.

(5) Examination as referred to in paragraph (3) is conducted to father and/or mother who is a foreign national in the event of a Stay Permit for a newborn child in Indonesian Territory.

(6) Cancellation of Stay Permit as referred to in paragraph (1) and paragraph (2) is submitted to the Foreign Nationals, Sponsor, or Person in Charge accompanied by the reasons for cancellation.

Subdivision 3

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