Immigration responds

First of all I would like to thank Mr. Ulrich O. Zimmer for his elaborate letter, mixed with certain perceptions and emotions, if I may say so, due to the fact that he is married with an Indonesian woman.

It does not mean that when a foreigner is married to an Indonesian woman there is be some sort of discrimination on the issuance of the required Immigration Document.

Immigration Act No 9/1992 clearly states that for an expatriate to work in Indonesia he is to be sponsored by a bonafide company, according to the employment contract and the RPTK submitted by said company.

After complying with the requirements he will be issued a Semi-permanent Visa, to be collected at the nearest Indonesian Embassy at his place of domicile. Upon admission to Indonesia he will be issued a KIM/S (Temporary Admission Card) of one year validity by the local Immigration Office, which is extended yearly, according to the work permit issued by the Department of Manpower.

As a KIM/S holder he is entitled to apply for a KIM (the next step after KIM/S) after having been in Indonesia for a five year unbroken period.

After he has been issued a KIM, with a validity of two years at the first issue, it can be extended for another two years, then again for another six years and finally for another five years, giving the KIM holder the right of permanent stay for 15 (fifteen) years.

As a KIM holder, right after he has been issued the KIM, he is entitled to apply for Indonesian Citizenship, if he so wishes, through the Department of Justice, Directorate General of Law and Legislation (Ditjen Kumdang), to be processed according to the Nationality Act No 62/1958.

Mr. Zimmer further reiterated the terms Ius Sanguinis, which is indeed the basic aspect of the Indonesian Nationality, and different from Ius Soli which allows a person born in the country to automatically became a national (subject) of said country.

We would like to inform you that Indonesia is not an Immigrant Country, but follows the principle of Selective Policy in allowing foreigners to enter, stay and do activities as long as it is beneficial to the country and the people of Indonesia.

That's why a bonafide company should sponsor an expatriate prior to his admission and employment. If some day, somehow that bonafide company collapses, which could and may happen, then it could be categorized as a business risk in this era of globalization, or should we say it is just bad luck or a nightmare.

As a matter of fact, the Immigration department reminds foreigners who would like to stay permanently in Indonesia, due to marriage with an Indonesian woman, or even other foreigners as expatriate (without an Indonesian wife), that the time will come when they have to go back to their own countries of origin, even though they may have stayed here for several years and even be married to an Indonesian woman and have offsprings.

Unless, of course, said foreigner takes the option of becoming an Indonesian national right after receiving his KIM (whether he has an Indonesian wife or not) and follows the process according to the law.

Indeed there are foreigners who have stayed here for quite a long time and become what you called "one of you in the true sense of the word". But as long as Indonesia is not an Immigrant Country we would like to have those foreigners go back to their own countries of origin some day, but surely not "dump" them as you have said.

I would like to stress that the Immigration department is not a Law Making Agency, only an agency which uphold the laws that have been promulgated by the President upon consent of the House of Representatives.

Please be assured that as long as you have the required documents, and work permit, and your stay in Indonesia is beneficial to the country and people of Indonesia, we are very pleased to serve your interests.

With this explanation we close the arguments and if you still do not feel satisfied, you are most welcome to contact us at our office in Kuningan anytime during working hours, except Saturdays, for further information.

HARIO SUBAYU

Public Relations Directorate

General of Immigration

Jakarta