What To Do After Deportation From Indonesia? – General Immigration

The next question that our law firm often
receives is what to do after deportation from Indonesia. Can one go
back to Indonesia after being deported from Indonesia?

The simple answer is yes, it is possible for
one to return to Indonesia after being deported for a certain
period of time, provided their name is no longer listed under the
Indonesian ‘no-entry ban list’ or ‘daftar
pencegahan’.

In this article, we will discuss further what
to do after deportation from Indonesia. This discussion will
include: what happens after the deportation, what is a
‘no-entry ban list’, how long can someone be banned from
Indonesia, and what to do in case one wants to return to
Indonesia.

What is deportation?

As we have provided in our previous article,
deportation is 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, working without proper authorization,
or committing a crime.

However, in our experience, deportation
decision is not only imposed by the Indonesian immigration
authority on those people who are committing an obvious crime as
mentioned above. Often, it could also be an infringement that is
only administrative in nature, such as: not renouncing one’s
Indonesian citizenship upon obtaining another citizenship.

What happens after the deportation?

As we have explained in our other article,
regardless of the situations that occur that 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 the right to appeal to the Minister of Law and Human Rights
regarding the deportation decision.

However, despite having the above rights, in
many cases, we have seen that deportation is unfortunately
inevitable. In such cases, the person who is facing deportation, by
law, also entails having their name listed under the Indonesian
immigration ‘no-entry ban list’ or blacklist (daftar
penangkalan).

What is a ‘no-entry ban list’
(blacklist) or ‘daftar penangkalan’?

The Indonesian no-entry ban list (daftar
penangkalan) is a list of names of persons who are barred from
entering the Indonesian territory based on immigration reasons.
This list exists within the Immigration Management Information
System (Sistem Informasi Manajemen Keimigrasian) alongside the
no-exit ban list (daftar pencegahan). All the immigration border
officers and the consulate officer shall consult this list before
issuing a visa or allowing someone to enter (or exit) the country
at the immigration checkpoint.

What are the reasons for someone to be
included on the ‘no-entry ban list’ (blacklist) or
‘daftar penangkalan’?

As we have mentioned above, one of the main
reasons would be if one has been deported from Indonesia.

Other reasons, according to the Immigration
law, would be:

1. known or suspected to be involved in
   transnational organized crime;




2. showing a hostile attitude towards the
   Indonesian government officer (e.g. police, immigration office,
   customs, etc.) or committing acts that defame Indonesia as a nation
   and state;




3. suspected of committing acts contrary to
   public security and order, decency, religion, and customs of the
   Indonesian people; or




4. using a false or falsified passport to obtain
   a visa or stay permit to enter and reside in Indonesia.

On top of the above, one can also be included
under the no-entry ban list if:

1. there is a request to the immigration
   authority from the Representative of the Republic of Indonesia as
   submitted through the Minister of Foreign Affairs;




2. there is a request of another country so that
   the foreigner does not try to avoid the threat of execution of
   sentence in that country; and/or




3. there is a request from the International
   Court of Justice because the foreigner committed a crime against
   humanity or transnational organized crime.

How long can someone be banned from
Indonesia?

The Immigration law provides that the banning
period (periode penangkalan) valid for 6 (six) months, and every
time it could be extended for another 6 (six) months with a written
decision from the authorized immigration officer. In theory, if
there is no decision from the immigration officer to extend it,
then the banning period will be terminated by law.

However, in our experience, this often
isn’t the case in practice.

In such case, the banning period can only be
terminated if the immigration officer has issued a decision to lift
the ban, which is called surat keputusan pencabutan
penangkalan.

In an extreme case, a foreigner who is
considered by the immigration authority to be able to disturb
public security and order can be banned for life from Indonesia. In
this case, it is not possible to appeal to the immigration officer
to issue a decision to lift the ban.

What to do if you want to return to
Indonesia?

Regardless of the reason for the deportation
in the first place, it is advisable for one to initially wait for a
period of 6 months until the banning period has ended.

Afterward, one should contact the Indonesian
immigration headquarters, the Directorate General of Immigration in
Jakarta, specifically, the Subdirectorate of Preventing and Banning
(Sudirektorat Pencegahan dan Penangkalan) (“Subdit
Cekal”). Normally, it is almost impossible to contact the
Subdit Cekal by email or phone, so it is recommended for one to
liaise with a family, a friend, or a trusted agent or lawyer, to
come directly at the Subdit Cekal to check whether one’s name
is still listed in the no-entry ban list (daftar penangkalan).

In case the name is still listed there, the
immigration officer at Subdit Cekal would ask the representative to
prepare 2 (two) letters:

(i) a request to remove the foreigner’s
name from the no-entry ban list (it is best to also attach all the
relevant documents to support the case, such as passport, etc.);
and

(ii) a sponsorship letter from an Indonesian
citizen sponsor, which is signed with stamp duty.

A sponsor, in principle, is an Indonesian
citizen who is going to guarantee a foreigner’s behavior in
Indonesia. The idea is considering the said foreigner has committed
an action resulting in deportation, thus as a preventive measure,
if they wished to return to Indonesia, then their behavior should
be guaranteed by someone.

Theoretically, any Indonesian citizen can be
the sponsor. However, if such a foreigner has a family in
Indonesia, it is preferable to have them as the sponsor. Otherwise,
the foreigner can ask his or her friend a trusted agent, or a
lawyer.

After the sponsor has submitted the documents
mentioned above, the immigration officer will schedule an interview
with the sponsor. In general, the immigration officer will ask how
the sponsor is related to the foreigner and what are the reasons
that the foreigner wants to return to Indonesia. If all questions
are clear and no further documents are required, the immigration
officer will issue the Surat Keputusan Pencabutan Cekal. Normally,
this process can take from 1 day to several weeks, depending on the
load of work of the relevant immigration officer.

With the assurance of Surat Keputusan
Pencabutan Cekal, then it would be safe for the foreigner to apply for
Indonesian visa to return to Indonesia.

Is it possible for the Immigration Officer to
deny the request?

Yes, the immigration officer can deny a
foreigner’s request to remove their name from the no-entry ban
list.

However, this refusal shall be provided in
writing by stating the reason underlying such refusal.

In such case, the foreigner can further file
an appeal to the Director General of Immigration himself. If it
still gains a negative response, then the foreigner can appeal to
the Indonesian State Administrative Court (Pengadilan Tata Usaha
Negara).

Conclusion

To sum up, deportation from Indonesia and
placement on the ‘no-entry ban list’ or ‘daftar
penangkalan’ is a complex issue. If deported, despite having
rights like legal representation and appealing the decision, one
may still end up on this list. If this happens, one should at least
wait for six months and then contact the immigration authorities in
Jakarta to request removal from the list. In such case, one will
need an Indonesian citizen sponsor to vouch for you. If your
request is denied, one can appeal to higher authorities. Despite
the hurdles, patience and persistence can potentially lead to the
removal from the ‘daftar penangkalan’ and a chance to
return to Indonesia.

Originally published june 29, 2023. Updated Mar 2,
2024

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.