Visa, work permit and human rights

Visa, work permit and human rights

I refer to the letters of Kevin J. Dunphy (Feb. 28, 1995),
George Goring (March 2, 1995) and the "answer" of Hario Subayu
(March 6, 1995) to The Jakarta Post and to myself, married to an
Indonesian woman since 1977, staying with my family in Indonesia
without interruption since 1986 but still classified as sementara
(temporary) with all the doubtful benefits of the visa that is
referred by Mr Subayu as "No 6."

The recent answer of Mr Hario Subayu of the Public Relations
Directorate General of Immigration Jakarta is a brilliant example
of that unbelievable mixture of ignorance, technocratism,
narrowness, that we have to take when dealing with the various
(not only immigration) officials responsible for the
implementation process of our stay and work permits in Indonesia.

It's currently by no means a matter of course, that the
natural basic right of residence in Indonesia as legally married
partners of an Indonesian national is granted equally to both:
foreign wives and foreign husbands; whereas the combination of
"Indonesian husband and foreign wife" provides the latter (that
is not dependent on whether she is an ordinary woman or for
example the wife of a member of the current cabinet) in almost no
time with a permanent stay and work permit and (if asked for)
even with Indonesian nationality, the combination of "Indonesian
wife and foreign husband" does not prevent the responsible
Indonesian authorities to treat people like Mr Dunphy, Mr Goring
and myself the same way as "ordinary" foreigners, for whom Mr
Hario Subayu is quite right to list his "6 types of visas."

Although the PR letter from the Immigration Head Office in
Jakarta is under the described circumstances an absolute disgrace
for Indonesia as a state under the rule of law, I very much
appreciate the fact, that it was published promptly by The
Jakarta Post: Most interesting is not only what's written in it
but what's left out by Mr Hario Subayu.

The letter suggests that there are only 6 types of visas
available in Indonesia. What about the "KIM"? (without "S" for
sementara-temporary).

Is there no way of naturalisasi (obtaining Indonesian
nationality) at all? Prof. Mr. Dr. Sudargo Gautama, the author of
Tafsiran Undang-Undang Kewarganegaraan Republik Indonesia has
certainly a different opinion on this subject.

We get some information about Jus Sanguinis (the nationality
of a person follows the blood and not the territory on which a
person is born). Is that so (in Indonesia)? Then the question
might be allowed: Whose blood, please? Is the blood of an
Indonesian woman who gives birth to a baby fathered by a
foreigner regarded as different/inferior compared to the blood of
an Indonesian family head?

To obtain the right to stay in Indonesia as a foreign husband
of an Indonesian wife is to find a bonafide company to sponsor
us.

What are the criteria for "bonafide" and who is determining
them?

What is the meaning of "benefit" to the people and country of
Indonesia" as one of the conditions for KIM/S-Extensions? Isn't
it an awful example of an highly ambiguous/"rubber" option that
might change overnight?

What happens, if the company goes bankrupt or there are other
conflicts that under normal circumstances mean no threat of to be
or not to be for us?

The conclusion is that foreigners who have married Indonesian
women have only the right to live together with their wives and
children in Indonesia under the unreasonable condition that they
become hostages of a so-called "bonafide" company.

And then? What if these unfortunate "foreigners" who meanwhile
are no more orang asing here than in their countries of origin
have no place to go? What if they stayed long enough in this
country that they feel at home and have become one of you in the
true sense of the word? Where would you probably dump them?

ULRICH O. ZIMMER

Bandung, West Java