Dutch NGO sentenced to 10 months. Overstay.

Vanhelsing

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It strikes me as unusual why someone with an Indonesian wife, children, employment and wanting to remain in Indonesia wouldn't simply renew their visa. He also seems quite blase about the whole affair believing the judge's decision to be "quite rational".


Google translate.
Mataram (Voice of NTB) - Dutch NGO worker Peter Johannes Buitelaar will be in prison for 10 months. He was found guilty of violating a residence permit in NTB beyond the time limit permitted by the First Class Immigration Office of Mataram.

In addition, the defendant was also punished to pay a fine of Rp 50 million and if not paid then replaced with a jail term of 1 month.

Peter was arrested by officers of the Immigration Office of Class I Mataram on Tuesday (25/4) at Lendang Lekong, Mandalika, Sandubaya, Mataram, Karniwati's residence.

Peter entered Indonesia via Batam Center Port using a visa on arrival February 23, 2016, obtaining a 30-day residence permit.

http://www.suarantb.com/news/2017/1...Tinggal,Bule.Belanda.Dihukum.10.Bulan.Penjara
 
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I agree...makes no sense and hurts the rest of us trying to stay in Indonesia legally as it gives Immigration officers more power to assert themselves.
 
So he has been married for seven years to an Indonesian, and have 2 children together. He could have easily gone KITAS -> KITAP route, instead of letting his VOA expire.
 
It is a curious story. And he is referred to as an NGO worker, and there is also a vague reference to his doing "social work" in Lombok - but one assumes he wasn't illegally employed in Indonesia. Immigration would probably be tougher on that than on a lapsed VOA.
 
According to the Sistem Informasi Penelusuran Perkara (SIPP) at Pengadilan Negeri Mataram, he also let his passport lapse since mid 2016, and there is also an emergency passport involved. So this is a little more complicated than a simple overstay.
 
It doesn’t make sense to let your visa expire.
 
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This Russian in contrast was a year overstay with his penalty being deportation which suggests the Dutchman above did rankle Indonesian authorities somewhat with his tardiness. It appears the Russian wasn't that keen to return to his place of origin as he slashed his arm in protest or an attempt at delay.

Google translate.
A Russian citizen named Roman Kuzin (25) acted at I Gusti Ngurah Rai International Airport. This blonde-haired man tried to commit suicide by slashing his hands out of annoyance with AirAsia's service.

"He was deported because of overstay in Bali for a year, in violation of Article 78 paragraph (3) of Law No. 6 Year 2011 on Immigration," said the officer who declined to be named.

Furthermore, AirAsia handed Roman over to the immigration officer. "In the immigration holding room, Roman Kuzin makes an act by slashing his left arm using a nail cut knife to bleed," beber source.

https://www.jpnn.com/news/dideportasi-dari-bali-bule-rusia-sayat-lengan-sendiri
 
The news report said , "At least here there is my wife who visited me," he said who chose to convert when married in 2010 and then."
I am not sure who converted him or her. It does make me wonder if Mr Buitelaar is a member of a Christian group convinced they are doing God's work and feel that God will protect them.
 
The news report said , "At least here there is my wife who visited me," he said who chose to convert when married in 2010 and then."
I am not sure who converted him or her. It does make me wonder if Mr Buitelaar is a member of a Christian group convinced they are doing God's work and feel that God will protect them.

According to the article he converted to Islam.
 
Perhaps his spouse is a shrew & jail is viewed as a respit.
 
According to the Sistem Informasi Penelusuran Perkara (SIPP) at Pengadilan Negeri Mataram, he also let his passport lapse since mid 2016, and there is also an emergency passport involved. So this is a little more complicated than a simple overstay.
Exactly. The tittle of this thread, though with obviously no wrong intent from the author, is unfortunately misleading. Overstaying is NOT a criminal offense but an administrative one and therefore can not be the basis for a criminal sanction such as a jail term.

The article used to charge and sentence him is art. 119 (1) UU 6/2011. He has been sentenced not for overstaying but for not having a valid travel document (passport) while being/residing in Indonesia, a crime which can trigger up to a 5 years jail sentence and/or a fine of a few hundred million rupiah.

Typically, if you overstay for a few years but keep your passport valid, allowing a fast administrative treatment of your situation, you give the opportunity to Immigration to kick you out with a minimum of hassles.

Now if you overstay the same number of years and have been silly enough not to maintain valid your travel documents, you leave very little choice to Immigration, especially if there are other offenses you may be suspected of having committed, such as working illegally for example.

Another key to understand possible reasons behind the sentence may perhaps be found in the assessment made by his wife:
"Menurut keterangan istrinya, Karniwati (37), pria yang dinikahinya tujuh tahun silam dan sudah memberinya dua orang keturunan itu memang keras kepala."
If your Indonesian wife tells this about you it really sounds like you have troubles to adapt to the culture and smooth ways of dealing with problems. Far too many foreigners adopt a very rigid position in their dealings and negotiation with Indonesian and end up paying the price for it.
 
The article used to charge and sentence him is art. 119 (1) UU 6/2011.
This is art. 119 (1) UU 6/2011:
(1) Setiap Orang Asing yang masuk dan/atau berada di Wilayah Indonesia yang tidak memiliki Dokumen Perjalanan dan Visa yang sah dan masih berlaku sebagaimana dimaksud dalam Pasal 8 dipidana dengan pidana penjara paling lama 5 (lima) tahun dan pidana denda paling banyak Rp500.000.000,00 (lima ratus juta rupiah).

This is art. 8 UU 6/2011:

(1) Setiap orang yang masuk atau keluar Wilayah Indonesia wajib memiliki Dokumen Perjalanan yang sah dan masih berlaku.
(2) Setiap Orang Asing yang masuk Wilayah Indonesia wajib memiliki Visa yang sah dan masih berlaku, kecuali ditentukan lain berdasarkan Undang-Undang ini dan perjanjian internasional.

For the record, a Visa is what you need to ENTER Indonesia, It is different from a Permit (an ijin) which is what allows you to reside. The legal definition of a visa is given in art. 1 UU 6/2011 and is as follow: "Visa Republik Indonesia yang selanjutnya disebut Visa adalah keterangan tertulis yang diberikan oleh pejabat yang berwenang di Perwakilan Republik Indonesia atau di tempat lain yang ditetapkan oleh Pemerintah Republik Indonesia yang memuat persetujuan bagi Orang Asing untuk melakukan perjalanan ke Wilayah Indonesia dan menjadi dasar untuk pemberian Izin Tinggal.

Once someone enters Indonesia he is granted an IJIN (permit) and once one stays longer than authorized by one's ijin in Indonesia we talk about OVERSTAY.

Note that neither article 8 nor article 119 mention the word ijin/izin but only the words VISA and Dokumen Perjalanan (passport or similar whose definition is given in art. 1 UU 6/2011 as follow: "Dokumen Perjalanan adalah dokumen resmi yang dikeluarkan oleh pejabat yang berwenang dari suatu negara, Perserikatan Bangsa-Bangsa, atau organisasi internasional lainnya untuk melakukan perjalanan antarnegara yang memuat identitas pemegangnya.)

Definitely the overstay of his permit is NOT the reason why he's been sentenced, albeit it doesn't preclude the fact that it may be considered as an aggravating circumstance.
 
I know the picture of him behind bars isn't flattering but from that, his actions and statements in court and his wife saying he's stubborn.....I do hope he's getting some psychological observation as to his mental capacity.
 
It is a curious story. And he is referred to as an NGO worker, and there is also a vague reference to his doing "social work" in Lombok - but one assumes he wasn't illegally employed in Indonesia. Immigration would probably be tougher on that than on a lapsed VOA.
If he was working, he was obviously working illegally, considering the fact that he entered Indonesia on a VoA which wouldn't authorize an IMTA to be attached to his residency status and that he wasn't staying on an ITAS/P sponsored by an Indonesian wife.
I think that it was definitely easier for Immigration to document and charge him for the offense of not having a valid travel document than to indict him for illegal working which would draw attention to a can of worms no one in nakertrans or imigrasi want to open: the working possibilities of those foreigner married to an Indonesian spouse.
 
I think that it was definitely easier for Immigration to document and charge him for the offense of not having a valid travel document than to indict him for illegal working which would draw attention to a can of worms no one in nakertrans or imigrasi want to open: the working possibilities of those foreigner married to an Indonesian spouse.

Hah! My guess is that you have nailed it.
 

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