Every foreign national residing in Indonesia is required to possess a valid immigration stay permit. One of the crucial requirements for obtaining such a permit is to maintain good conduct, meaning not violating the laws and regulations. However, the situation changes if a foreign national is proven to have committed a criminal offense.
Referring to Immigration Law No. 6 of 2011, Article 75 Paragraph 2b stipulates that foreign nationals who violate laws and regulations may face administrative immigration sanctions such as restriction, modification, or cancellation of their stay permit, as stated by the Director of Immigration Supervision and Enforcement, Saffar Muhammad Godam, on Friday (April 19, 2024).
Furthermore, regulations regarding visa cancellation are also outlined in Article 75 Letter a of Minister of Law and Human Rights Regulation No. 22 of 2023. The provisions for canceling stay permits are specified in Articles 139 and 140 of the same regulation. The cancellation of stay permits is further regulated in Article 141 of Minister of Law and Human Rights Regulation No. 11 of 2024, which amends previous visa and stay permit rules.
Therefore, it is clear that foreign nationals undergoing imprisonment in correctional facilities legally do not have a stay permit. In such situations, they are under the supervision and custody of the Correctional Facility as the competent authority during the legal process.
Additionally, according to Article 48 Paragraph (5) of the Immigration Law, foreign nationals serving imprisonment sentences in correctional facilities, whose stay permits have expired (overstay), are not required to possess a stay permit.
“Foreign nationals with ex-convict status will be handed over to the immigration office after completing their sentence, as evidenced by a Release Letter from the Correctional Facility, to await deportation proceedings,” concluded Godam. (Source: imigration.go.id)