Analyzing New Amendment To Indonesia’s Immigration Law.
The third amendment to Indonesia’s Immigration Law (Law No. 6 of 2011 regarding Immigration) was passed on 19 September 2024, introducing significant changes to how immigration laws are enforced, with a notably significant impact on foreign nationals.
We look at seven key amendments in Law No. 63 of 2024 regarding the Third Amendment to Law No. 6 of 2011 regarding Immigration (“Third Amendment”).
1. Lodging Providers Obliged to Share Data on Foreigners
Article 72 of the Third Amendment mandates that police, in collaboration with immigration officers, can require lodging or accommodation providers to share data on foreign nationals. Such data collection may be conducted through either manual or electronic means. While controversial, this is not entirely new, as the Immigration Law previously authorized data collection but limited this authority to immigration officers.
Failure by lodging or accommodation providers to comply may result in criminal penalties of imprisonment for up to three months or a fine of IDR 25 million, consistent with Article 117 of the existing provision of the Immigration Law.
2. Expanded Departure Prohibition
Article 16(1)(b) of the Third Amendment prohibits individuals required for investigative (penyidikan) and prosecution purposes from leaving Indonesian territory. Previously, the rule applied to those needed for preliminary investigations (penyelidikan) and investigations (penyidikan).
This change aligns with Constitutional Court Decision No. 40/PUU-IX/2011 dated January 24, 2012, which ruled that restricting someone’s travel during the “preliminary investigation” stage violated their rights and was unconstitutional. As a result, the Third Amendment has removed this phrase and introduced “prosecution” as the new basis for preventing an individual from leaving the country.
3. Limited Exit Ban Period
Article 97(1) of the Third Amendment limits the exit ban duration to a maximum of six months, with a single extension of an additional six months. An exit ban temporarily prevents individuals, both foreigners and Indonesians, from leaving Indonesia due to immigration or other legal reasons. This change aims to implement Constitutional Court Decision No. 64/PUU-IX/2011 dated June 13, 2012, which found that the previously regulated exit ban under the Immigration Law – allowing for multiple extensions and a potentially indefinite exit ban – was unconstitutional.
This matter is further regulated by a ministerial regulation rather than a government regulation, as was previously stipulated in the Immigration Law. In this context, the existing Ministry of Law and Human Rights Regulation No. 38 of 2021 regarding Procedures for Exit and Entry Bans (“MOLHR Reg. 38/2021”) has already addressed this change.
4. Extended Entry Bans
Article 102(1) of the Third Amendment allows entry bans of up to 10 years, with the possibility of a 10-year extension. This is a significant change from the previous maximum ban of six months, which could be extended by another six months. Additionally, Article 102(3) allows lifetime entry bans for individuals posing a threat to public order and security, a provision carried over from earlier legislation. Further provisions on this matter are regulated under MOLHR Reg. 38/2021.
5. Permanent Multiple Re-Entry Permits (MERP) for Permanent Stay Permit Holders
Article 64 removes the two-year limit on MERPs for permanent stay permit holders, allowing a validity period aligned with the duration of their stay permit. This change simplifies the re-entry process and provides greater convenience for permanent residents.
6. Strengthened Classification of Indonesian Travel Documents
The Third Amendment introduces a new provision, Article 24A, which specifies that Indonesian travel documents, including passports and passport replacement travel letters (Surat Perjalanan Laksana Paspor/SPLP), are now classified as official state-issued documents serving as proof of Indonesian citizenship. This reinforces the legal status of these documents, providing stronger evidence of citizenship in both the domestic and international context.
7. Firearms for Immigration Officers
Article 3 of the Third Amendment now permits certain immigration officers to carry firearms while performing law enforcement and state security duties. This measure aims to enhance officer safety, as confirmed by Silmy Karim, the Director General of Immigration, following an attack that resulted in the death of an immigration officer. The types of firearms that can be carried and the requirements for carrying firearms are expected to be further regulated.
Conclusion
While this amendment enforces stricter control over foreign nationals, it also seeks to balance the rights of immigrants and visitors with national security needs. The changes provide clarity and increased convenience for permanent stay permit holders, highlighting a more nuanced approach to immigration management. (4 November 2024)
