30 Days Report About Guaranteed Foreigner

[marcus]

Mod note: context added as per mod request.

Below is a PerMen (Minister's Regulation) that I notice only today .

If you Guarantor has been asking you the same questions every month , you can understand why and what exactly he/she needs to hear from you .

PerMen no.36 Year 2021 (not an official translation)
Article 13
(1) The Guarantor is responsible for the existence and activities of the foreigner guaranteed during his/her stay in Indonesia and is obliged to report any changes in civil status, immigration status, and address change.
(2) The Guarantor is obliged to pay the costs incurred to repatriate or ...
(3) In addition to the obligations as referred to in paragraph (1)
and paragraph (2), the Guarantor is obliged to ensure that the foreigner he/she guarantees:
a. does not change his/her status to become an asylum seeker or refugee;
b. does not suffer from a contagious disease that endangers public health; and/or
c. is not included in the list of people wanted to be arrested from a foreign country;

(4) In addition to the obligations as referred to in paragraph (3), the Guarantor must:
a. provide periodic report every 30 days, electronically or non-electronically, regarding the whereabouts and activities of the foreigner he/she guarantees ...;
b. ...
c. ...
(5) In the event that the reporting as referred to in paragraph(1) has been carried out by the Guarantor, the foreigner is exempted from the reporting obligation.

 

[Brian86]

PerMen no.36 Year 2021
Article 13
(1) The Guarantor is responsible for the existence and activities of the foreigner guaranteed during his/her stay in Indonesia and is obliged to report any changes in civil status, immigration status, and address change.
(2) The Guarantor is obliged to pay the costs incurred to repatriate or ...
(3) In addition to the obligations as referred to in paragraph (1)
and paragraph (2), the Guarantor is obliged to ensure that the foreigner he/she guarantees:
a. does not change his/her status to become an asylum seeker or refugee;
b. does not suffer from a contagious disease that endangers public health; and/or
c. is not included in the list of people wanted to be arrested from a foreign country;

(4) In addition to the obligations as referred to in paragraph (3), the Guarantor must:
a. provide periodic report every 30 days, electronically or non-electronically, regarding the whereabouts and activities of the foreigner he/she guarantees ...;
b. ...
c. ...
(5) In the event that the reporting as referred to in paragraph(1) has been carried out by the Guarantor, the foreigner is exempted from the reporting obligation.

Is there a question? My local immigration office asked for these to be done after that law passed and supplied my company with a very basic spreadsheet to fill out for a monthly report. It does not include anything detailed for "whereabouts and activities", just a "Tujuan" column we fill with the visa purpose and "Alamat" we fill with their address of residence.

 

[marcus]

Is there a question?

It looks like that a Guarantor should ask many questions .

My local immigration office asked for these to be done after that law passed ...

At least since 17 Sept 2021 (the date the Regulation above was approved) , the referred report is required (regardless of any Law) .

Anyway, there is a related Law (as usual, because a Regulation is issued to implement a Law) since a long time ago . I didn't read the Law before the one issued in 2011 (Law no.6 Year 2011) and it was already revised after 2011 , but lets assume this part didn't change .

----------------

Law no.6 Year 2011 (not an official translation)
Article 63
(1) Certain foreigners residing in Indonesia must have a Guarantor that guarantees its existence.
(2) the Guarantor is responsible for the existence and activities of the foreigner ... and the duty to report any change in civil status, immigration status, and address changes.

Article 118
Any Guarantor who knowingly provide incorrect information or does not meet the assurances given as referred to in Article 63 paragraph (2) and paragraph (3) shall be punished with imprisonment of 5 years and a fine of up Rp500 million .

 

[Brian86]

It looks like that a Guarantor should ask many questions .

Okay, what questions do you think they should they ask?

This seems to be very well-trodden ground, is there something in particular you're getting at for discussion? (since this is, afterall, a discussion forum)

From the forum rules;

Linking outside content
Do not link to outside content (news articles, Youtube videos, blog posts, etc) without your own comment. This is a discussion forum. If you wish to discuss content from outside of our forum, you may do so by linking. Please also include your own comments as to why you are linking the said content to start the discussion.

 

[marcus]

Okay, what questions do you think they should they ask?

Questions to comply with the Regulation . I don't know more than that .

This seems to be very well-trodden ground, is there something in particular you're getting at for discussion? (since this is, after all, a discussion forum)
From the forum rules; Do not link to outside content .. without your own comment..

Sorry if I am not complying with the Forum's rule , so moderators please delete my posts if so .
My objective in posting this Regulation is to show to guaranteed foreigners what they should expect from their Guarantors .

Brian86 , I really don't understand your attitude .

 

[Brian86]

No attitude. Just trying to understand the purpose of your post and if there is a particular discussion you're trying to start by starting a new discussion on a discussion forum. Is there a question? Confusion? A complaint?

There are thousands of paragraphs of law that relate to "Expats in Indo" that we could be copied and pasted into a new post, but if it's simply "to show what they should expect", why that paragraph of law and not the thousands of others that should shape foreigners expectations?

 

[centurion]

Looks like @Brian86 got IRDS (Indonesian Regulations Derangement Syndrome).

 

[centurion]

Questions to comply with the Regulation . I don't know more than that .

Sorry if I am not complying with the Forum's rule , so moderators please delete my posts if so .
My objective in posting this Regulation is to show to guaranteed foreigners what they should expect from their Guarantors .

Brian86 , I really don't understand your attitude .

Information that you gave was useful, I was not aware of it. Another bureacratic nonsense.

The immigration will have to employ more people to process these reports.

 

[El_Goretto]

@marcus I agree with @Brian86. Your post on its own, is confusing. Please provide context when quoting a piece of law and the purpose. Is this a reminder? Is this a new law? Do you have experience with it? Etc. Please clarify.

And yes, we do indeed have a rule against simply copy pasting articles, links or other external source without comment. Please keep it in mind for next time.

For this post, you may edit your original post to provide context. If the edit window has already expired, please post here and we will update your post accordingly.

And to put this matter to rest, @Brian86, I have another section of the posting guidelines to share with you :

Behavior towards other users
No personal attacks. We welcome vigorous debate, arguments, and discussion, but please remember to attack the argument, not the poster.

Do not attempt to moderate other users. Attempting to moderate other users while not a moderator or impersonating a moderator by telling someone they have done something wrong or against the rules, and other similar behavior (Junior Modding, Back Seat Modding) is prohibited.

 

[marcus]

@marcus I agree with @Brian86. Your post on its own, is confusing.

I don't agree that it is confusing , but I will try to improve it .

Please provide context when quoting a piece of law and the purpose. Is this a reminder? Is this a new law? Do you have experience with it? Etc. Please clarify.

And yes, we do indeed have a rule against simply copy pasting articles, links or other external source without comment. Please keep it in mind for next time...

Sorry , the time to edit expired .
So below is a context :

Below is a PerMen (Minister's Regulation) that I notice only today .

If you Guarantor has been asking you the same questions every month , you can understand why and what exactly he/she needs to hear from you .

 

[Brian86]

And to put this matter to rest, @Brian86, I have another section of the posting guidelines to share with you :

Understood. But I never told him he was breaking any rules, that paragraph was quoted to support my, "since this is, afterall, a discussion forum" statement.

 

[El_Goretto]

Below is a PerMen (Minister's Regulation) that I notice only today .

If you Guarantor has been asking you the same questions every month , you can understand why and what exactly he/she needs to hear from you .

Thanks, the opening post is updated.

 

[pantaiema]

I read on another forum that tourists seeking to extend their 60-day visa and needing a guarantor (not a sponsor) often turn to their 'kost' owner, the landlord's family, or Indonesian friends. The official guarantor letter usually includes statements about their responsibilities at the bottom.

It seems in practice, these obligations are rarely enforced:

Sofar, no one has been required to cover repatriation costs, nor have they been fined for failing to report or being unaware of a foreigner's whereabouts if that foreigner, under their guarantee, goes missing. For repatriation cost there is a much easier option for the immigration, e.g to just deport the people or if they do not have enough money they could simply transfer the problem to the embassy to take care of their own citizens.

Immigration authorities don't seem to verify whether guarantors can actually fulfil their financial obligations. One requirement for guarantors is the ability to cover repatriation and related costs, as outlined in Permenkumham No. 36/2021, article 4e, which specifies that guarantors must have a stable income and/or sufficient funds to support the foreigner. This is further detailed in article 5, paragraphs 2c and 2d, which require guarantors to have sufficient funds and be actively operating. As far as I know, there’s no evidence that these criteria are ever thoroughly checked or assessed.

Additionally, spouses sponsoring visas are still required to sign a statement about financial obligations for repatriation, which contradicts the same regulation Permenkumham No. 36/2021. In this regulation it is clearly stated with no ambiguity that for those who is legally married to an Indonesian citizen, the wni spouse is exempt to pay for repatriation cost.