13 Nov 2024
Indonesia Amends Immigration Law to Tighten Supervision and Enforcement

A number of significant changes to the rules governing immigration supervision and enforcement in Indonesia have been introduced by Law No. 63 of 2024 on the Third Amendment of Law No. 6 of 2011 on Immigration (“Third Amendment”).[1] The new legislation was enacted on 17 October 2024. 

In this ABNR Legal Update, we will focus on the following aspects of the Third Amendment: (i) use of firearms by certain immigration officials, (ii) prohibitions on departure, (iii) acknowledgement of Indonesian travel documents, (iv) alignment of re-entry permit period for permanent stay permit holders, (v) the broadening of enforcement powers, (vi) reduced exit ban period, and (vii) extended entry ban period. 

Key Takeaways

1. Use of firearms by certain immigration officials
   Specified immigration officials are now authorized to use firearms while engaged in enforcement duties. However, the circumstances under which they may carry firearms remain unclear.
    
2. Prohibitions on departure
   Following Constitutional Court Decision No. 40/PUU-IX/2011,[2] which found that restrictions on a person’s travel during the preliminary investigation stage of an alleged crime violated their rights and was unconstitutional, the Third Amendment clarifies that travel restrictions will be permissible only during investigation and prosecution stages.
    
3. Acknowledgement of Indonesian travel documents
   A key provision of Article 24A acknowledges that Indonesian travel documents such as passports and travel letters issued in lieu of a passport, can serve as proof of Indonesian citizenship and, in certain cases, as substitutes for a national identity card (Kartu Tanda Penduduk / KTP).
    
4. Alignment of re-entry permit period for permanent stay permit holders
   Previously, the validity period for re-entry permits was up to 2 years, as long as such permit did not exceed the validity of the stay permit.  The re-entry permit validity period for permanent stay permit holders will now match that of the permanent stay permit itself.
    
5. Broadening of enforcement powers
   The Third Amendment authorizes the police, in collaboration with immigration officers, to request information on foreign guests from accommodation providers. Should they fail to comply, they will be liable to criminal sanctions under Article 117, including up to 3 months’ imprisonment or a fine of IDR 25 million. Previously, this authority was exclusive to immigration officers but now also extends to the police.
    
6. Reduced exit ban period
   Previously, Article 97 of the Immigration Law stipulated that an exit ban is valid for up to 6 months, and each period could be extended for a maximum of up to 6 months. Following Constitutional Court Decision No. 64/PUU-IX/2011,[3] which found that the previous Immigration Law exit ban, which allowed for multiple extensions and a potentially indefinite exit ban, were unconstitutional, the Third Amendment has reduced the extension period to only a single extension of up to 6 months.
    
7. Extended entry ban period
   The entry ban period is extended from up to 6 months (with 6-month extensions) to up to 10 years, with possible further extensions of up to 10 years each time.

ABNR Commentary

The Third Amendment certainly marks a step forward in the Immigration regulation landscape. It has clarified and streamlined a number of issues that required attention, and addressed provisions that were previously declared unconstitutional by the Constitutional Court.

Furthermore, the Government has taken a firm approach to tightening immigration supervision and enforcement in respect of foreign nationals. This is understandable given that there have been a series of attacks on immigration officers by foreigners in recent years.  However, whilst stricter supervision and enforcement may be in accordance with Indonesia’s national security interests, their implementation in practice will also need to have regard to the rights and sense of security of foreign nationals, and avoid the heavy handed approach that marked immigration enforcement in the past.

By partners Mr. Indra Setiawan (isetiawan@abnrlaw.com), Mr. Ridzky F. Amin (tamin@abnrlaw.com), and senior associate Mr. Abdurachman Sidik (aalatas@abnrlaw.com)

This ABNR News and its contents are intended solely to provide a general overview, for informational purposes, of selected recent developments in Indonesian law. They do not constitute legal advice and should not be relied upon as such. Accordingly, ABNR accepts no liability of any kind in respect of any statement, opinion, view, error, or omission that may be contained in this legal update. In all circumstances, you are strongly advised to consult a licensed Indonesian legal practitioner before taking any action that could adversely affect your rights and obligations under Indonesian law.