INDONESIAN DEPORTATION ASSISTANCE
Deportation is a complex and often intimidating process that can affect foreign nationals residing in Indonesia. At Tampubolon Legal Solutions, our experienced immigration lawyers are dedicated to providing comprehensive assistance to those facing deportation.
In this article, we will discuss about:
What is Deportation?
Law No. 6 of 2011 of Immigration ("Immigration Law") refers to Deportation as a process of removing a foreign national from a country due to violations of immigration laws, committing criminal offenses, or causing a public disturbance in general.
In Indonesia, common reasons for deportation include overstaying a visa or stay permi, working without proper authorization, or committing a crime.
What are the Situations That Can Lead to Deportation in Indonesia?
In Indonesia, situations that can lead to deportation may vary.
The most common cause is a violation of immigration law, such as: overstaying a visa, working without a valid work permit, or overstaying a residence permit for more than 60 days and not paying the necessary fine.
Other circumstances that might lead to deportation include engaging in activities that are not in line with the purpose of the visa or providing false information during the visa application process.
Further, circumstances that can trigger the deportation are one’s involvement in activities that are deemed threatening to national security or public order or violating the prevailing laws and regulations. This can include involvement in activities such as espionage, human trafficking, drug cartel, etc.
It is important to note that the Indonesian immigration authorities have broad discretion in deciding whom to deport, and decisions can often seem arbitrary, unjust, or inconsistent.
How is the Deportation Process in Indonesia?
The deportation process in Indonesia normally begins with an investigation conducted by the officers from the local immigration office or the Directorate General of Immigration. If they determine that an individual has committed situations that can lead to deportation (as explained above), they will further issue a written order for deportation. Immigration Law dictates that such an order must include the reason for deportation, and is typically delivered in person by an immigration officer.
Depending on the reasons for the deportation, after receiving the order, the individual would typically be detained at the detention room (Ruang Detensi) in the relevant immigration office, while arrangements for deportation are made. In some cases, it is also possible for the individuals to not be detained and undergo deportation immediately.
The length of detention can vary depending on the circumstances. If the officers deemed that the arrangements for deportation might take a longer time, then the individual might be transported to the immigration detention center (Rumah Detensi Imigrasi).
The costs of their deportation, including travel expenses, formally would be borne by the sponsor (penjamin) of such individuals in Indonesia. But if such individuals are in Indonesia without a sponsor, then the cost would be borne by themselves. If they are unable to pay, then the cost would be borne by their family members, if not, then the deportation costs would be borne by the representative of their country of origin.
Deportation from Indonesia automatically will result in a future ban on re-entry (penangkalan), since the individual's name would be included in the Indonesian immigration blacklist (daftar cekal imigrasi). Depending on the situations that lead to the deportation, the length of the ban can vary, but typically it would be at least 6 (six) months.
What should you do in case of facing Deportation in Indonesia?
Regardless of the situations that occur which can lead to deportation, those who are facing deportation in Indonesia have certain legal rights.
These include the right to be informed of the reasons for their deportation, the right to legal representation, and also the right to appeal to the Minister regarding the deportation decision.
However, the actual process can be complex and difficult to navigate, especially without a thorough understanding of Indonesian immigration laws. Furthermore, in practice, the enforcement of these rights can vary depending on the individual case and circumstances, and often also depending on the area where the deportation order is imposed.
The assistance of an immigration legal professional can be crucial in such situations to ensure that individuals understand their rights and to guide them through the deportation process.
How can Tampubolon Legal Solutions
At Tampubolon Legal Solutions, our team of experienced immigration lawyers can help you understand the complexities of Indonesian immigration law, explaining the reasons for your deportation, your rights during the process, and any potential remedies available for you.
We also offer personalized support throughout the entire deportation process, including legal advice, assistance with gathering the necessary documentation, and most importantly representation during communication with the Indonesian immigration authorities.
We understand that deportation can also have significant implications for the family members of foreign nationals. Our team can provide guidance and support for your family during this challenging time, assisting them to understand their rights and potential options for remaining in Indonesia or joining you in your home country.
In some cases, when deportation is inevitable, our team of immigration lawyers at Tampubolon Legal Solutions also helps our clients to: understand the consequences of deportation, what to do after deportation in order to re-enter Indonesia legally in the future and to appeal to the immigration's deportation decision.
In addition, our immigration lawyers at Tampubolon Legal Solutions can also assist you with future visa applications, citizenship matters, and for checking the immigration compliance of companies whose employees have history of deportation.
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