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An Indonesian journalist based in Jakarta. If you have any questions please don't hesitate to ask at oktofani.elisabeth [at] gmail.com
Showing posts with label Immigration Law. Show all posts
Showing posts with label Immigration Law. Show all posts

Friday, 8 April 2011

Foreign Spouses Granted More Residency Rights


Amid cheers, elation and applause, the House of Representatives passed a new immigration law on Thursday that introduced sweeping changes for foreign spouses and children of mixed marriages.

Fahri Hamzah, deputy chairman of House Commission III overseeing legal affairs, spoke of a “breakthrough” as the gavel was banged passing the bill.

House Deputy Speaker Priyo Budi Santoso called the new law “monumental,” while Justice and Human Rights Minister Patrialis Akbar said the law was aimed at taking good care of citizens’ foreign spouses and children.

“We want to give protection to Indonesian citizens and their foreign relatives,” Patrialis said. “They are the children of Indonesia. Their [foreign] wives and husbands are part of our big family.”

The law, among other things, grants permanent residency to foreigners married to Indonesians and to their children, and allows foreign spouses to work in the country without sponsorship.

Patrialis said the law would officially become effective when ratified by the president — “30 days at the latest.”

Indonesian Democratic Party of Struggle (PDI-P) lawmaker Eva Kusuma Sundari told the Jakarta Globe that the law did not address issues such as property ownership related to foreign spouses. These, she said, will be dealt with in the upcoming revision of the Agrarian Law.

“But this is not a small gain. People no longer need to extend their Kitas every year and could still stay here after a divorce, provided they have been married for at least 10 years. It’s more humane,” she said, referring to the current limited stay permit that has to be renewed annually.

Isabelle Mace Panggabean, 31, said she couldn’t believe the law had finally been passed. Half-French, Isabelle has been married to an Indonesian for five years and the couple have one child.

“I was afraid that this law would never get passed,” she said. “There are too many bills, and the immigration bill seemed to get less attention.”

She said that in the past, she had been forced to go through the complicated process of annual Kitas renewal and regretted she was not allowed to work.

“What if my husband falls ill? Then I need [a job] to take care of our child,” she said.

Juliani Wistarina Luthan, who has been married to a Japanese for 15 years, thanked both the government and the House for passing the “reformist” law. She said she was happy her husband would no longer need to extend his Kitas.

Julie Mace, a representative of the International Rainbow Alliance and the Indonesian Mixed Marriage Society, said she would wait for the implementation phase of the law before passing judgement. She expressed hope that related institutions such as the Ministry of Manpower and Transmigration would strictly abide by the law, especially when it came to the rights of foreign spouses to work.

Mace also said the groups she represented would in the short term monitor the government’s steps in implementing the law.

“We will keep focusing on the government motions in producing the ministerial decrees and government regulations because the new law will not work effectively without those,” Mace said, adding that the relevant decrees and regulations should be issued within a year.

“In the long term, we want to increase awareness of this law across the country, so that all state officials know and understand there is a new immigration law,” she said. It will be very important to have these stakeholders involved, she added, because only then will the new policies be implemented smoothly.

Additional reporting by Elisabeth Oktofani

Friday, 14 January 2011

Residency for Mixed-Marriage Spouses Back on the Agenda


Foreigners married to Indonesians could finally be granted permanent resident status if landmark proposed changes are made to the highly unpopular 1992 Immigration Law.

The draft amendment to the law has been with the House of Representatives since July 2009, but House members backing the bill have recently invited public discussion on the issue, helping it to regain momentum.

Under the law, foreign spouses of Indonesian citizens are not granted permanent residency and must instead possess a valid work permit to remain in the country.

That also applies to adult children from the marriage. Gayus Lumbuun, a member of House Commission III, which oversees legal affairs and is deliberating the draft amendment, said on Wednesday that employment should not be the defining criteria for granting permanent residency to foreign spouses, as it is at present.

“Mixed-marriage couples have long been a reality in this country but the government continues to give them a hard time by making it difficult for spouses to obtain permanent residency,” he said.

“Therefore we need to help spouses achieve their goal of staying with their families in the country.”

However, he said any amendment should not allow for unscrupulous foreigners to gain residency through a contract marriage with an Indonesian.

“As such, applicants should meet a minimum time requirement of being married to the same person,” he said.

Julie Mace, a representative for the International Rainbow Alliance (APAB) and the Indonesian Mixed Marriage Society (PerCa Indonesia), suggested several amendments to the law, including that requirements for permanent residency be clearly regulated.

Another is to allow permanent residency for adult offspring retaining their foreign parent’s nationality but wanting to stay in Indonesia.

She said that foreign spouses were essentially treated like migrant workers, despite having family in the country. “It’s not fair for our families,” she said.

“The government needs to change the 1992 Immigration Law, especially with regard to the permanent residency issue.”

She added it was impractical to force spouses and adult offspring to get a work permit, which requires that the applicant have certain skills, work experience and a corporate sponsor.

“What if the son or daughter is only 22, just out of college in the foreign parent’s country, where they may be eligible for free education, and now wants to come back and work in Indonesia?” Julie asked.

“They don’t have the necessary work experience, and while they can stay here on a social visit visa, it doesn’t allow them to work, which is what they need to gain experience.”