46 foreigners arrested last year for violations

JAKARTA (JP): The number of foreigners arrested for abusing immigration regulations increased to 46 last year from only 23 in the previous year, an officer said yesterday.

Capt. IM Pande Cakra of the City Police foreigners supervision department said that many of the arrested foreigners violated regulations by illegally working at local companies.

"Many of them did not have licenses to work. Some even made illegal investments in local companies," he told The Jakarta Post.

He said 17 of the 46 foreigners violated Article 50 of the 1992 Immigration Law No. 9 by illegally working for local companies.

The article stipulates a maximum penalty of five years imprisonment or a Rp 25 million (US$3,333) fine.

The immigration violations were sometimes the fault of the foreigners and in other cases the fault of the companies which hired them, he said.

"Either the foreigners did not know about the regulations or the companies tried to avoid their obligation to pay the taxes for hiring the foreigners," said Pande.

Only foreigners who held non-tourist visas and had work licenses issued by the Ministry of Manpower were allowed to work at local companies, he said.

"They are allowed to work only as experts in private companies, not as directors or managers of human resources. And the companies must pay taxes for the employment of the expats to the government," said Pande, refusing to disclose the amount of the taxes.

Expatriates were allowed to become directors only at joint- venture companies, not at private or government-owned companies, he said.

Expatriates were not allowed to set up a new company as well, but they could buy stakes at existing private companies here.

He said every expatriate must have a report certificate issued by the police upon their arrival.

"The certificate is required to process their licenses to stay for a certain period in the local immigration office and their licenses to work from the Ministry of Manpower," said Pande.

He said foreigners who worked at tourist and travel companies must obtain their work licenses from the Ministry of Tourism, Post and Telecommunication.

Working expatriates must also obtain certificates of police registration which could only be obtained at the foreigners supervision department of the City Police Headquarters on Jl. Sudirman in South Jakarta.

Pande said that many foreigners had also been arrested because they had stayed in the country longer than their permits allowed.

Twelve of the 46 foreigners arrested last year had permits which had expired for less than 30 days and another eight for more than 60 days, he said.

Foreigners whose visas had expired for less than three months were given an alternative to avoid jail by paying a fine, he said.

The fines were set up by and paid to the immigration office.

"But foreigners who have overstayed for more than 60 days will be sentenced to a maximum of five years in jail or receive a Rp 25 million fine," said Pande.

Pande said not all of the arrested foreigners were brought to court and that only three were tried in court.

"The rest were handed over to the immigration office for deportation from the country," he said. (cst)