Honorary Consul of
Russian Federation in Bali

Почетный Консул Российская Федерация на Бали
Ungasan - Bali, Indonesia
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Untitled Document

 

        



INDONESIAN IMMIGRATION LAW
Иммиграционное право

  

THE REPUBLIC OF INDONESIAN IMMIGRATION LAW
NUMBER 6 YEAR 2011 - ABOUT IMMIGRATION

STAY PERMIT & OVERSTAY
Разрешение на пребывание и Задерживаться

Article 50

(1) A stay permit is given to:
a. Foreigners who enter the territory of Indonesia with Visitor Visa; or
b. newborns in the Territory of Indonesia and at the birth of his father and
/or his mother's holder Stay Permit .

(2) The Stay Permit referred to in paragraph (1) letter b is granted in
accordance with the stay permit of his father and / or his mother.

Article 51

The Stay Permit ends due to stay permit holder:
a. back to their home country;
b. his license has expired;
c. his license switched to a Limited Stay Permit;
d. his / her license canceled by the designated Minister or
   Immigration Officer
e. being Deported; or
f. die.

Article 52

A foreigner whose immigration permit expires and remains within the
territory of Indonesia exceeding 60 (sixty) days from the time limit of
the permit granted shall be subject to a maximum imprisonment of 5 (five)
years or a maximum fine of Rp 25,000,000.- (twenty five million rupiah).

The Immigration Officer of the Immigration Office declares to violator
Article 50 of Law no. 9 of 1992 and may be subject to Immigration Acts
in the form of expulsion or deportation.

a. Criminal Law Acts in the form of an Immigration investigation which
is part of a series of Integrated Criminal Justice systems, the criminal
justice system (investigation, prosecution, judiciary) and or;

b. The act of state administrative law in the form of immigration actions
is an administrative action in the field of immigration outside the judicial
process. Including part of this immigration action is the deportation of foreigners
to leave the jurisdiction of the Unitary State of the Republic of Indonesia.

__________________________________________________________

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 31 YEAR 2013 - ABOUT REGULATION OF THE IMPLEMENTATION
OF LAW NUMBER 6 YEAR 2011 CONCERNING THE IMMIGRATION

DETENTION
Задержание

No: 24. The Immigration Detention House is a technical implementation unit that
operates the Immigration Function as a temporary shelter for Foreigners subject
to Immigration Administrative Measures.

25. The Immigration Detention Room is a temporary shelter for Foreigners subject
to Immigration Administrative Measures located at the Directorate General of
Immigration and the Immigration Office.

26. Deteni is a Foreigner who is a resident of the Immigration Detention Center
or Immigration Detention Center who has been granted a decision on the dismissal
of the Immigration Official.

27. Prevention shall mean a temporary prohibition on the person to leave the Territory
of Indonesia on the grounds of Immigration or any other reasons prescribed by the Act.

28. Prevention is a prohibition against foreigners to enter the territory of Indonesia
based on immigration reasons.(black List)

Article 214

(1) Detection of Foreigners shall be carried out until Deteni are Deported
(2) In the event that the Deportation as referred to in paragraph (1) has not
been executed, the detention procedure may be conducted within a maximum
period of 10 (ten) years.

___________________________________________________________

PREVENTION & DETERRENCE (BLACK LIST)
Запрет на въезд и выезд (черный лист)

Article 234

The competent authority may request the Minister to do the Prevention.
(black list/rejected to enter Indonesia)

Article 236

(1) Denunciation as referred to in Article 234 shall be conducted on the grounds
of Immigration. (2) The reasons for Immigration as referred to in paragraph (1) are:

A. known or suspected of being involved in organized transnational crime;
B. to show hostility towards the Government of Indonesia or to commit acts
    that defame the Indonesian nation and state;
C. allegedly committed acts contrary to the security and public order, morality,
   religion, and customs of Indonesian society;
D. using false or forged passports in order to obtain a Visa or Stay Permit to
   enter and stay in the Territory of Indonesia; and / or
E. imposed Immigration Administrative Measure of Deportation from the Territory
of Indonesia.

_____________________________________________________________

IMPRISONMENT & FINES
Лишение свободы и Штрафы

Article 71 Immigration Law

Every Foreigner in the Territory of Indonesia Required:
a. Provide all necessary information regarding his or her identity and/or family
as well report any change of civil status, nationality, occupation, Guarantor,
or change of address to local Immigration Office ; or

b. Show and submit Documents Travel or saty permit if Requested by the
Immigration Officer in charge, in the context of Immigration control.

Article 116 Immigration Law

Any Foreigner who does not perform his duty as referred to in Article 71
shall be liable to imprisonment for a maximum of 3 (three) months or a
fine of at most Rp25,000,000.00 (twenty five million rupiah).

Article 119 Immigration Law

(1) Any Foreigner who enters and/or resides in Areas of Indonesia that do not
have Travel Documents and Legal Visa and valid as referred to in Article 8
shall be liable to be criminalized with a maximum imprisonment of 5 (five)
years and a fine maximum Rp 500,000,000.00 (five hundred million rupiah).

(2) Any Foreigner who deliberately using the Travel Document, but known or
suspect that the Travel Document is false or forged shall be criminally
charged imprisonment of a maximum of 5 (five) years and a fine of fines at
most Rp 500,000,000.00 (five hundred million rupiah).

Article 122 Immigration Law

Sentenced to a maximum imprisonment of 5 (five) years and a fine of maximum
Rp 500.000.000,00 (five hundred million rupiah)
A. any Foreigner who deliberately misuses or performs activities that are inconsistent
with the intent and purpose of granting the Stay Permit granted to him;
B.any person who orders or gives an opportunity to a Foreigner misuses or make
any activities that are inconsistent with the intent or purpose of granting the
Stay Permit granted to him or her.

____________________________________________________

ON DEPORTATION

Депортация

Article 75

(1) The Immigration Officer is authorized to perform the Action
Administrative Immigration against foreigners who are in the
Territory of the Republic of Indonesia, doing dangerous activity
and potentially dangerous activities to the security and public order
or not respect or disobey the Law.

(2) Immigration Administrative Measures as referred to in paragraph (1) may be:
a. inclusion in the list of Prevention to depart or enter (Indonesia)
b. limitations, changes or cancellations of Stay Permit
c. prohibition to be in one or several certain places in the Territory of Indonesia;
d. the necessity to reside in a certain places in the Territory of Indonesia;
e. charging for Penalty; and/or
f. Deportation from the Territory of Indonesia.

(3) Immigration Administrative action in the form of Deportation
can also be made against foreigners who are in the Territory of
Indonesia for trying avoid threats and punishment execution in his
home country.

Article 78 Immigration Law

(1) A foreigner who holds a Stay permit which has expired and is still within
the territory of Indonesia less than 60 (sixty) days from the deadline of stay
permit is subject to the burden of expenses in accordance to the law.

(2) Foreigners who do not pay the cost of expenses as referred to in paragraph
(1) are subject to Immigration Administrative Measures in the form of
Deportation and Prevention.(Blacklist)

(3) A resident who holds a Stay permit which has expired
and is still within the territory of Indonesia more than 60 (sixty) days from
the deadline of Stay Permit is subject to Immigration Administrative Measures
of Deportation and prevention (Blacklist)

_________________________________________________

LAWS OF THE REPUBLIC INDONESIA
NUMBER 35 YEAR 2009 - NARCOTICS

Article 146


(1) Against foreign nationals offender criminal Narcotics and/or criminal
Precursor Narcotics acts and have undergone his punishment as regulated in
this Act, carried out deportation out of the territory of the
Republic of Indonesia.

(2) Foreign nationals who have been expelled as such referredto in paragraph
(1) is prohibited from re-entry to territory of the Republic of Indonesia.

(3) Foreign nationals who have committed actscriminal Narcotics and/or Precursor
criminal acts Narcotics abroad, prohibited from entering the territory
Republic of Indonesia

__________________________________________________

Notes :

1. Understanding Deportation

Deportation is a disposal, The exile, or the expulsion of a person out of a
country as a punishment, or because the person is not entitled to live there
for having committed an offense.

2. Deportation as an International Treaty

Deportation can be said to be an international agreement because
deportation is part of one of the international treaty terms that classify the exile or
return the foreign nationals committing the crime in the country to their home country.

3. Deportation Rules

He/she will be put into immigration detention center. All his
property will be confiscated; if he has the money then the money is for the cost
of the ticket, if the money is a lot, it will be taken to pay the penalty fee.
If he does not have money it will be dependent of his Family/ Embassy. About the
time of detention until he onboard of departure plane, depending on the process,
and the severity of the violation, and perhaps there are those who want to provide
legal aid, or reference so that somewhat lighten the offender, or if there are
local citizens who would help to bear the cost of tickets , will speed up
repatriated to the original country are allow. The offenders will definitely
be included in the list of rules violators (black list)

4. The reason foreigners being Deported

* Overstay (the foreign national concerned has passed his/her visa period/visa dead).
* Black listed (the relevant foreigner is registered as a person who is not authorized to enter)
* The foreign national concerned commits serious violations of law which can not be tried by
local legal authorities.
*Who concerned is allegedly/suspected of potential disturbance to the security of the country.
*Country policy

Immigration Ngurah Rai Bali Office
Address : Jl. Perum Taman Jimbaran No. 1,
Jimbaran, Kuta Sel., Kuta Selatan, Bali 80361
Office Hours : 08.00 to 16.00
Telephone : (0361) 9351038

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____________________________________________________________

Contact :

Honorary Consul of Russian Federation in Bali

Office hours : 09 am to 1 pm
Perumahan Bali Kencana Resort  II
Block Merpati no : 10
Ungasan  - Bali, 80364  Indonesia
Phone: (+62) 851 0079 1560
Email : rusconsulbali@gmail.com



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