Jumat, 08 Oktober 2021

Knowing KITAS (Limited Stay Permit Card) In Indonesia

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By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has discussed about "How to Open a Police Report in Indonesia?", and on this valuable occasion will be discussed about Knowing 'Limited Stay Permit Card' or KITAS In Indonesia? 

Term & Governing Law on KITAS (Residence Permit) In Indonesia

KITAS is a 'Limited Stay Permit Card', before being named 'KITAS' it was called 'KIMS' or 'Temporary Resident Permit Card'. This card is intended for Foreign Citizens working in Indonesia so that they can stay in Indonesia (a kind of resident permit) and must be extended once a year. To get this card, you must have a job in Indonesia and be sponsored by the company where the foreign citizen works.[1]

Governing Law on 'Limited Stay Permit Card' or KITAS In Indonesia, among them, are:[2]
  1. Law No: 6 Year 2011 Regarding Immigration;
  2. Law No: 13 Year 2003 Regarding Manpower;
  3. Ministry of Law and Human Rights (Kemenkumham) Regulation No. 16 Year 2018 Regarding Procedures for Granting Visas and Stay Permits for Foreign Workers;
  4. Presidential Regulation No: 20 Year 2018 Regarding The Use of Foreign Workers;
  5. Government Regulation No: 31 Year 2013 Regarding The Implementing Regulations of Law No: 6 Year 2011 Regarding Immigration.
  6. Ect.

Limited Stay Permit Cards (KITAS) are issued to:[3]
  1. Foreigners who are legally married to Indonesian citizens;
  2. Children of foreigners who are legally married to Indonesian citizens;
  3. Children who at the time of birth in the Indonesian Territory father and/or mother holders of a Limited Stay Permit Card (KITAS);
  4. Foreign nationals who enter the Indonesian Territory with a limited stay visa or foreigners who are granted status transfer from a visit Stay Permit;
  5. The captain, crew, or foreign experts on board ships, floating equipment, or installations operating in Indonesian waters and jurisdictions in accordance with the provisions of laws and regulations;
  6. Limited Stay Permit Card can also be given to Foreigners to do short work.

Foreign Workers referred here are includes:[4]
  1. Work as an expert;
  2. Conduct scientific research;
  3. Participate in education and training;
  4. Performing duties as a clergy;
  5. Elderly tourists from abroad;
  6. Foreigners who are former Indonesian citizens;
  7. Foreigners in the context of investment;
  8. Joining a husband or wife holding a Limited Stay Permit Card (KITAS);
  9. Merge with the father and/or mother for children who are foreign nationals who have a legal family relationship with the father and/or mother who are Indonesian citizens;
  10. Joining the father and/or mother holding a Limited Stay Permit Card or Permanent Stay Permit Card for children under 18 (eighteen) years old and unmarried;

The validity Period of The Limited Stay Permit Card Ends Because The Holder:[5]
  1. Return to the country of origin and do not intend to enter the Indonesian Territory again;
  2. Return to their country of origin and do not return again beyond the validity period of their Re-Entry Permit;
  3. Obtaining the citizenship of the Republic of Indonesia;
  4. The permit has expired;
  5. The permit changes status to Permanent Stay Permit;
  6. The permit is canceled by the Minister or the appointed Immigration Officer;
  7. Subject to Deportation;
  8. Died.

We summarize the procedures for managing ITAS for Foreign Workers as follows: 1). Applications are submitted by foreigners or their guarantors to the relevant Immigration Office; 2). Applications must be submitted within 30 days from the date of entry; 3). The Immigration Office checks the requirements that must be attached; 4). In the event that the inspection requirements have been met, the Head of the Immigration Office within a maximum of 4 (four) working days issues the Limited Stay Permit Card (KITAS). If you have any issue regarding your Limited Stay Permit Card (KITAS), contact us, feel free in 24 hours, we will be glad to help you.


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Subdistrict, West Jakarta,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Prosedur Kartu Izin Tinggal Terbatas", www.bisaberes.com, diakses pada tanggal 8 Oktober 2021, http://www.bisaberes.com/prosedur-perizinan-kitas.php
2. "Apa Itu KITAS, Jenis, Kegunaan, dan Dasar Hukumnya", www.cermati.com, Editor: Irene Radius Saretta, diakses pada tanggal 8 Oktober 2021, https://www.cermati.com/artikel/apa-itu-kitas-jenis-kegunaan-dan-dasar-hukumnya;
3. www.bisaberes.com., Op. Cit.;
4. www.bisaberes.com., Op. Cit.

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