Indonesian immigration law too stiff: Bismar Siregar

JAKARTA (JP): Former justice Bismar Siregar said yesterday the Indonesian immigration law is just "too stiff and inhumane" as far as it concerns children fathered by foreigners.

Bismar pointed out that the recent controversy over the deportation of 4-year-old Andreya Masaru Miyakoshi was a case in point.

Andreya, a son of Japanese national Mitsuo Miyakoshi and Atik Kristia Yuliani, an Indonesian, was deported for overstaying his visa in May.

"The law should not ignore humanitarian considerations," Bismar told participants of a meeting on child deportation organized by the Communication Forum for the Promotion and the Development of Indonesian Children.

Andreya's case, he said, had exposed that the law is without compassion. "The immigration official said that they have to deport a child because that's what the law requires," said Bismar.

According to Indonesian law, a child follows the citizenship of the father. Hence, Andreya is a Japanese citizen subject to Indonesia's immigration law and procedures.

However, in implementing the law, the officials have to "bend" the law by deporting the child for a certain period and then allowing him to return with new permits, he said.

"Instead of 'bending' the law, it would be better if they (immigration) didn't deport the child at all, it would have solved the problem," Bismar said.

The directorate of immigration of the Ministry of Justice denied recently that it was acting inhumanely by deporting Andreya. The directorate said that by not taking the boy to court or preventing him from reentering Indonesian it has acted "very humanely".

Bismar pointed out that Andreya's Indonesian mother faces charges of neglect and harboring an illegal immigrant. "It's very confusing," he said.

He said he supported the idea of revision of the immigration law.

Andreya's mother delayed reporting her son's overstay to the immigration office for seven months because she said she had no money and that her ex-husband had disappeared without paying child support. Andreya has been in his mother's care since the divorce of his parents in March 1993.

Since the case erupted, Andreya's father, who has been working in the East Java town of Gresik, provided Rp 3 million (US$1,276) for his son and ex-wife to travel to Singapore and paid child Rp 4.5 million for the 18-months child support he owed.

Andreya left for Singapore with his mother on Sept. 3 and returned on Sept. 5 after the Indonesian Embassy there granted him a social visit visa, which entitles him to stay in the country for 60 days.

His mother planned to arrange for an extendible limited stay visa and later apply for a permanent residence permit, which would allow him to stay for five years after which he would be eligible to apply for Indonesian citizenship. (ste)