The legal framework governing administrative sanctions and deportation in Indonesia is primarily established under Law No. 6 of 2011 on Immigration (Undang-Undang Nomor 6 Tahun 2011 tentang Keimigrasian), specifically within Chapter IX. Administrative Immigration Measures (Tindakan Administratif Keimigrasian or “TAK”) are distinct from criminal sanctions; they are non-judicial penalties imposed by authorized Immigration Officers on foreigners who violate administrative regulations or pose a threat to public order.

Under Article 75, Paragraph (1) of Law No. 6 of 2011, the Directorate General of Immigration possesses broad discretionary power to impose sanctions. The article states:

Pejabat Imigrasi berwenang melakukan Tindakan Administratif Keimigrasian terhadap Orang Asing yang berada di Wilayah Indonesia yang melakukan kegiatan berbahaya dan patut diduga membahayakan keamanan dan ketertiban umum atau tidak menghormati atau tidak menaati peraturan perundang-undangan. (Immigration Officers are authorized to carry out Administrative Immigration Measures against Foreigners in Indonesian Territory who carry out dangerous activities and are reasonably suspected of endangering public security and order or not respecting or not complying with laws and regulations.)

According to Article 75, Paragraph (2), the scope of TAK includes:

  1. Inclusion in the prevention (pencegahan) or deterrence (penangkalan) list;
  2. Restriction, change, or cancellation of Stay Permits;
  3. Prohibition from being in one or several certain places in the Indonesian Territory;
  4. Requirement to reside in a certain place in the Indonesian Territory;
  5. Imposition of administrative costs; and/or
  6. Deportation from the Indonesian Territory.

Overstaying and Financial Penalties

Administrative sanctions for foreigners who remain in Indonesia beyond the validity of their stay permit are governed by Article 78 of Law No. 6 of 2011. The law distinguishes between short-term overstays and those exceeding 60 days.

For foreigners who overstay for a period of no more than 60 days, Article 78, Paragraph (1) stipulates an administrative fine. The specific amount of this fine is regulated by Government Regulation No. 28 of 2019 concerning Types and Rates of Non-Tax State Revenue (PNBP) Applicable to the Ministry of Law and Human Rights. Under this regulation, the fine is set at IDR 1,000,000 per day. Failure to pay this fine results in deportation and deterrence.

If the overstay exceeds 60 days, Article 78, Paragraph (3) mandates more severe measures:

Orang Asing yang memegang Izin Tinggal yang telah berakhir masa berlakunya dan masih berada dalam Wilayah Indonesia lebih dari 60 (enam puluh) hari dari batas waktu Izin Tinggal dikenai Tindakan Administratif Keimigrasian berupa Deportasi dan Penangkalan. (Foreigners holding Stay Permits that have expired and are still within the Indonesian Territory for more than 60 (sixty) days from the Stay Permit deadline shall be subject to Administrative Immigration Measures in the form of Deportation and Deterrence.)

The Deportation Process and Costs

Deportation is the forced removal of a foreigner from Indonesian territory. Article 77 of Law No. 6 of 2011 establishes that the responsibility for the costs of deportation lies primarily with the foreigner. However, if the foreigner is unable to pay, Article 77, Paragraph (2) shifts the burden to the Guarantor (Penjamin). In cases where there is no guarantor, the costs may be borne by the state, though the government maintains the right to recover these costs from the foreigner or their family.

Pursuant to Article 83 of Law No. 6 of 2011, foreigners awaiting deportation may be placed in an Immigration Detention Center (Rumah Detensi Imigrasi or “Rudenim”) or an Immigration Detention Room. Detention is permitted for foreigners who:

  1. Reside in Indonesia without a valid Stay Permit;
  2. Are awaiting deportation; or
  3. Are awaiting the decision on their entry refusal.

The maximum period for detention in a Rudenim is governed by Article 85, which allows for detention until the foreigner is deported. However, periodic monitoring is required, and if deportation cannot be carried out within 10 years, the foreigner may be granted a special status to reside outside the detention center under strict supervision.

Deterrence and Blacklisting (Penangkalan)

Deportation is almost invariably accompanied by “Penangkalan” (Deterrence), which prevents the foreigner from re-entering Indonesia for a specified period. This is managed through the Integrated Immigration Information System (Sistem Informasi Manajemen Keimigrasian or SIMKIM).

According to Article 102, Paragraph (1) of Law No. 6 of 2011, the period of deterrence is a maximum of six months and can be extended for a further maximum of six months each time. However, Article 102, Paragraph (3) allows for life-long deterrence if the foreigner is deemed to pose a significant threat to public order or national security.

The decision to impose deterrence is issued by the Director General of Immigration on behalf of the Minister of Law and Human Rights. Under Minister of Law and Human Rights Regulation No. 38 of 2021, the criteria for being placed on the deterrence list include:

  1. Involvement in transnational organized crime;
  2. Previous deportation for violating immigration laws;
  3. Use of forged travel documents;
  4. Suffering from a contagious disease that endangers the public; or
  5. Engaging in activities that endanger the state.

Cancellation of Stay Permits

Administrative sanctions also include the unilateral cancellation of Limited Stay Permits (ITAS) or Permanent Stay Permits (ITAP). Under Article 52 of Government Regulation No. 31 of 2013, a Stay Permit can be canceled if the foreigner:

  1. Is proven to have committed a crime against the state;
  2. Conducts activities that endanger national security;
  3. Violates the conditions of the permit (e.g., working on a visit visa);
  4. Provides false information during the application process; or
  5. Is subject to TAK as defined in Article 75 of Law No. 6 of 2011.

When a Stay Permit is canceled, the Immigration Officer provides a stamp in the foreigner’s passport indicating the cancellation and issues an Exit Permit Only (EPO), requiring the individual to leave Indonesia within a specified timeframe, usually seven days.

Corporate and Guarantor Liability

The administrative sanction regime extends to the Guarantor. Under Article 63 of Law No. 6 of 2011, the Guarantor is responsible for the foreigner’s activities and must report any changes in the foreigner’s status. If a foreigner commits a violation that leads to deportation, and the foreigner cannot cover the costs, the Guarantor is legally obligated to pay. Failure to fulfill these responsibilities can result in the Guarantor being blacklisted from sponsoring future visa applications, an administrative measure often applied to corporations that fail to manage their foreign employees (Tenaga Kerja Asing) in compliance with the law.

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