The Development of technology and information make the world seems to be increasingly close and narrow . An Indonesian citizen (Warga Negara Indonesia; WNI) can work in New York. So is a foreign national (Warga Negara Asing; WNA) could work in Jakarta or Surabaya.
Interaction between citizens of nations becomes something commonplace. Sometimes, close interaction continues to the next intimate level, like marriage. In Indonesian law, a marriage between Indonesian citizens and foreigners is usually referred to as mixed marriage.
We found out problems about mixed marriage couples that want moving to Indonesia. They are confused about various things that have to be paid attention like KITAS / KITAP, place to live, and so on. So, what kind of things foreigners should pay attention to if they want to move to Indonesia with their Indonesian partners? See explanation below.
1. Stay Permit
The most important thing to look for by a mixed marriage couple is the stay permit. All thing related to WNA’s needs, for sure never far from stay permit. The most rational option is to obtain KITAS (Temporary Stay Permit Card; Kartu Izin Tinggal Sementara). Article 52 of the Act Number 6 of 2011 (Immigration Act) and Article 141 of the Regulation Government Number 31 of 2013 (PP 31/2013) provide way for KITAS to be given through the path of marriage, since the foreigners have already married to Indonesian citizens.
The WNA must attaches documents among others: letters of request from WNI partner; Foreign Citizen Passport; certificate of domicile; photocopy of deed of marriage or marriage book ; photocopy of evidence letter reporting marriage from Civil Registry Office in Indonesia if the wedding was held abroad; and photocopy of the family card of the Indonesian partner.
After obtaining KITAS for a minimum of three years, then the foreigners could file request to make KITAP (Permanent Stay Permit Card; Kartu Izin Tinggal Tetap). Request is followed by filling application.
Request must attaches documents: certificate of domicile from Civil Registry and Population Service; foreigner passport that contains Limited Stay Permit; KITAS; Guaranting letter; Guarantor’s ID Card and Family Card; statement of integration; and stamped power of attorney letter if request through attorney.
2. Wedding Record
Wedding record becomes important because in the process of making of KITAS (and also KITAP) requires an evidence of marriage record. because of that, when carrying wedding abroad with the Indonesian citizens, it is advised to directly make the deed of marriage. Or if there is no deed of marriage, then soon made if Indeed intend for making KITAS in Indonesia.
After that, the deed of marriage should be translated to Indonesian and then legalized by local Indonesian representatives. Do not forget to make certificate of marriage from Indonesian representatives at the place of marriage.
When the couple comes to Indonesia, based on Article 87 of the Administration of Population Act, then the couple has time of a maximum 30 days since arrival in Indonesia to register the marriage. The evidence of record is important for making of KITAS by the foreign national partner.
3. Place to Stay
Preparing the place to live in Indonesia for mix marriage partner is as a candidate for the place of domicile in Indonesia. The couple should not forget to prepare the place to stay when arriving in Indonesia.
The Making of KITAS requires certificate of domicile from local official. Official could originated from local district or Civil Registry and Population Service. Of course, officials will not publish the certificate of domicile without a clear address.
There is no need for the selected to be excessive. Considering, foreigners have no Right of Ownership, then The safest way is renting. Ownership through the hand of Indonesian partner is not safe forever, since it can becomes an impetus of futher complex legal problems.
Other path that can be taken is by buying an apartment with the form of Right of Ownership over Apartment Unit, as long as the apartment is built under land with Right of Use. Another way often in use is by borrowing someone else’s name, especially close family or acquaintances. However, this way is not recommended because of event greater potential of loss for the couple and a form of potential even harm partner for to in front of it and is a form of legal abuse.
How Elson can Help you?
ELSON Indonesia is a company that has focus on providing legal solution for expatriates, foreigners, and mixed marriage couples in Indonesia.
Author: TC- Thareq Akmal Hibatullah