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SKCK Indonesia: A Requirement for Permanent Residence Application Process

Updated: Jul 12

What is an Indonesian Police Clearance Certificate (SKCK Indonesia)?


Officially, the Indonesian Police Clearance Certificate or “SKCK” is an official certificate issued by the Indonesian national police to a citizen/applicant to fulfill his or her request or a need due to the provisions that require it. This document will be based on the results of biodata research and existing police records about the relevant person.

 

SKCK will also serve as an attestation to the existence (or nonexistence) of someone’s criminal record in Indonesia.

 

It applies both to Indonesian citizens as well as foreigners.


Why does someone need an Indonesian Police Clearance Certificate (SKCK Indonesia)?


There are various reasons why someone would need to prove their clean criminal record in Indonesia, and it can also be different between an Indonesian citizen and a foreigner.

 

For Indonesians, we normally require the police clearance for the following purposes:

  1. For employment-related purposes, such as: applying for a job in a certain company or applying for a position as a civil servant;

  2. For local administrative and governance-related purposes, such as: candidacy for village head or for public office, or requirements for firearm ownership permits outside of TNI and Polri membership;

  3. For international travel and migration purposes, such as: to obtain a passport and/or visa, working abroad, or obtaining permanent residency in another country.

  4. For academic reasons, such as to continue education at the university;

  5. For specialized professions and public roles, such as to become: a notary, a lawyer, or a judge.

 

Meanwhile, foreigners might be required to obtain Indonesian police clearance if they are in the following situations:

  1. Applying for permanent residency in another country;

  2. In the process of naturalization, whether in Indonesia or another country; or

  3. Adopting a child.


Why is SKCK Indonesia being required as a Permanent Residence in Another Country?


Security and Background Check

 

The requirement for a Police Clearance Certificate (SKCK) as part of the permanent residence application process in another country is due to the need for comprehensive security and background checks. These checks are crucial in the immigration process to ensure that the applicant does not have a criminal record or a history that could pose a threat to the safety and security of the host country.

 

International Legal Compliance

 

Requiring a Police Clearance Certificate like the SKCK is also a matter of adhering to international standards for residency applications. Many countries have established criteria extensive to evaluate the backgrounds of potential residents to align with global practices aimed at ensuring safe and lawful migration. Adopting these standards enhances trust and cooperation among nations in managing migration and protecting public interests.


Which Countries Require an Indonesian Police Clearance Certificate (SKCK) for Permanent Residence?


The requirement for an Indonesian Police Clearance Certificate (SKCK) has become a common trend worldwide for individuals seeking permanent residence, particularly for those who have spent a certain period of time in Indonesia for the past 10 years of their lives. This document serves as a crucial part of the immigration process, providing evidence that the applicant does not have a criminal record. By requiring SKCK, these countries aim to prevent individuals with a history of criminal behavior from obtaining permanent residency, thereby protecting their citizens and maintaining public safety.

 

Several countries that made the submission of an SKCK a mandatory step in the permanent residency application process for an applicant who has lived in Indonesia for instance are among others are Canada, the United States, New Zealand, and Australia.


Am I Eligible to Obtain SKCK?


In principle, the Indonesian Police Clearance Certificate (SKCK) can be obtained by all Indonesian citizens.

 

However, foreigners residing (or have resided) in Indonesia can also obtain Indonesian police clearance, provided they possess either a temporary stay permit (KITAS) or a permanent stay permit (KITAP).

 

Therefore, you are considered to be eligible to obtain SKCK if you are either:

  1. An Indonesian citizen; or

  2. Foreign nationals who hold or (used to hold) KITAS or KITAP in Indonesia.

 

Please note that if you are a foreigner who stayed in Indonesia using a short-term visa (such as: a tourist visa, visa on arrival, etc.), you are legally not eligible to obtain SKCK.


How to Obtain SKCK for Permanent Residence Application Purposes?


To obtain the Indonesian Police Clearance Certificate (SKCK) for permanent residence application purpose, foreigners need to provide the following documents:

  1. SKCK registration form.

  2. Copy of Passport.

  3. Original sponsorship application letter from the company or institution that employs, uses, or is (was) responsible for the foreign national, or from the spouse (if the foreigner stays in Indonesia for family reasons).

  4. Copy of Temporary Stay Permit Card (KITAS) or Permanent Stay Permit Card (KITAP).

  5. Copy of the Permit to Employ Foreign Workers (IMTA) from the Ministry of Labor (if the foreigners were working in Indonesia) or copy of marriage certificate (for foreigners who are married to Indonesian citizens).

  6. 4x6 colored passport-sized photos with a yellow background.

  7. Fingerprint documents.


How long is the validity of an Indonesian Police Clearance Certificate (SKCK)?


Indonesian police clearance is legally valid for 6 (six) months.

 

It can expire before 6 (six) months if during this period the applicant commits a criminal action or if the police find a criminal action which is suspected committed by the applicant.


What if I am not Eligible to Obtain SKCK?


When one is ineligible to obtain SKCK, there are alternative strategies that can be employed, depending on the specific purpose for which they need the SKCK.

 

Our law firm specializes in providing customized solutions tailored to individual circumstances.

 

For instance, if the SKCK is required for permanent residency application purposes, we can assist by preparing a formal statement. This statement would be directed to the relevant authorities, explaining the reasons why you, under Indonesian law, are not eligible to obtain the SKCK. This approach provides a legal pathway to address the requirements in your application process.

 

But please be advised that the above is not a one-size-fits-all solution. Each case is unique, and the appropriate strategy can vary significantly based on individual circumstances and legal requirements.

 

Therefore, consulting with legal experts is imperative to determine the best course of action. Our team is dedicated to assessing each case on its merits and advising on the most effective and compliant approach to meet our client’s specific needs.


END NOTE: This article is intended for informational purposes only and should not be construed as legal advice or a legal opinion. Specific cases require specific advice, and the content provided herein may not be applicable in all situations. Legal regulations and interpretations can vary widely and may change over time, necessitating consultation with legal experts. If you require specific legal advice or guidance, please contact a qualified legal professional. It is crucial to consult with legal experts before applying the information in this article to ensure compliance with current legal standards and requirements.

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SKCK Indonesia

SKCK Indonesia Legal Assistance

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