KITAP automatically cancelled after 1y/365 days abroad ?

[Edd]

Hi

I have been abroad with my wife (WNI/Indonesian) more than 1 year (unexpectedly).
On my apparently lifelong KITAP date of expiry is 2027 (when I suppose only to report back to immigration) and my MERP expires 2026.
Am I able to return to Indonesia ? Is that 1y timeframe persuaded viciously at airport immigration ?
Or am I only able now to return on VoA and cancel my KITAP (return card in Indonesia) and start all over ?
Or how this suppose to be resolved without having any problems in the future ? Since I read that people whose KITAP expired while abroad (mine did not expired but I apparently overstayed) have to actually cancel it/return by themselves to be able ever reapply for temporary stay permit later on ?

 

[Samoerai]

Hi

I have been abroad with my wife (WNI/Indonesian) more than 1 year (unexpectedly).
On my apparently lifelong KITAP date of expiry is 2027 (when I suppose only to report back to immigration) and my MERP expires 2026.
Am I able to return to Indonesia ? Is that 1y timeframe persuaded viciously at airport immigration ?
Or am I only able now to return on VoA and cancel my KITAP (return card in Indonesia) and start all over ?
Or how this suppose to be resolved without having any problems in the future ? Since I read that people whose KITAP expired while abroad (mine did not expired but I apparently overstayed) have to actually cancel it/return by themselves to be able ever reapply for temporary stay permit later on ?

I am not sure, but I think your Kitap is automatically cancelled after 1 year abroad. Others in this forum, may have the right answer. Prepare however for some bad news.

 

[Hawk256]

Hi

I have been abroad with my wife (WNI/Indonesian) more than 1 year (unexpectedly).
On my apparently lifelong KITAP date of expiry is 2027 (when I suppose only to report back to immigration) and my MERP expires 2026.
Am I able to return to Indonesia ? Is that 1y timeframe persuaded viciously at airport immigration ?
Or am I only able now to return on VoA and cancel my KITAP (return card in Indonesia) and start all over ?
Or how this suppose to be resolved without having any problems in the future ? Since I read that people whose KITAP expired while abroad (mine did not expired but I apparently overstayed) have to actually cancel it/return by themselves to be able ever reapply for temporary stay permit later on ?

I am curious as to how this turns out. Hopefully you will get good news (other people have got that result) but I have heard of cases where they aren't so lucky. I think before, COVID excused some people but now I'm not sure how lenient they will be.

 

[snpark]

It's finished
You will need to enter on voa and sort out a new kitas etc

 

[Brian86]

The law says that it "may be cancelled" (boleh dibatalkan) after one year abroad, different language is used when it is an automatic or always to be enforced. And I have heard a couple anecdotes of it not being canceled. It seems to be a regulation that is selectively enforced if they are getting the impression that you are not truly intending to be an Indonesian resident.

I would not fear returning if I were you, and I would attempt to enter with the KITAP with no explanation or apology. If they say they may cancel it, describe your circumstances and how many years you have lived in Indonesia, how you never wished to be away so long, etc. If they say they are canceling it, you get a tourist visa and begin the KITAS process anew.

Although, I am curious how you have a MERP expiring in 2026, I thought they were only ever issued for 2 years for KITAP holders, when did you get it??

 

[pantaiema]

Hi

I have been abroad with my wife (WNI/Indonesian) more than 1 year (unexpectedly).
On my apparently lifelong KITAP date of expiry is 2027 (when I suppose only to report back to immigration) and my MERP expires 2026.
Am I able to return to Indonesia ? Is that 1y timeframe persuaded viciously at airport immigration ?
Or am I only able now to return on VoA and cancel my KITAP (return card in Indonesia) and start all over ?
Or how this suppose to be resolved without having any problems in the future ? Since I read that people whose KITAP expired while abroad (mine did not expired but I apparently overstayed) have to actually cancel it/return by themselves to be able ever reapply for temporary stay permit later on ?

This official statement from Indonesian government

Embassy of the Republic of Indonesia in Algiers, The People's Democratic Republic of Algeria

Embassy of the Republic of Indonesia in Algiers, The People's Democratic Republic of Algeria

kemlu.go.id

9. What is the cause of Permanent Stay Permit termination?

Permanent Stay Permit MAY EXPIRE if the bearer:

1. leaves Territory of Indonesia for more than 1 (one) year of intending not to re-enter the Territory of Indonesia
2. fails to renew the Permanent Stay Permit after 5 (five) years
3. gains the nationality of the Republic of Indonesia
4. his permit is voided by the Minister or Immigration official authorized
5. is subjected to deportation
6. death
7. returns to his country of origin and intending not to re-enter the Territory of Indonesia
8. returns to his country of origin and not re-enter Territory of Indonesia exceeding his Permanent Stay Permit validity length

If I were in your situation, I would follow a similar approach to what Brian86 suggested. I'd re-enter with a KITAP and acting as if I'm unaware of the rule. However, if the immigration officer informs you that your KITAP is void; inquire to them about the necessary steps to rectify the situation. It's highly likely that they might propose a Visa on Arrival (VOA) as an alternative. By taking this course of action, there's little to lose. While I personally believe there's minimal risk involved, it's essential for you to make an informed decision and proceed at your own risk.

It's worth noting that the regulation regarding the automatic voiding of permanent residence after staying outside the country for more than a year is not unique to Indonesia; many countries worldwide have similar policies. This rule is generally implemented to prevent individuals from obtaining permanent residence without any genuine intent to reside in that particular country; it's a common-sense measure.

 

[Edd]

hmm

Although, I am curious how you have a MERP expiring in 2026, I thought they were only ever issued for 2 years for KITAP holders, when did you get it??

Yea. sorry my mistake it expires in 2024 not 2026 as I wrote !

It's worth noting that the regulation regarding the automatic voiding of permanent residence after staying outside the country for more than a year is not unique to Indonesia; many countries worldwide have similar policies. This rule is generally implemented to prevent individuals from obtaining permanent residence without any genuine intent to reside in that particular country; it's a common-sense measure.

Yea it is common sense actually.
The problem is anyone could get stranded abroad more than 365 easily and then all this previously goes down the drain.
I was strained in Indonesia while COVID, and all those incompatible rules between EU and resto of the world made it impossible to pass many checkpoints in EU (Croatia)
Some of my Croatian documents expired and I could not enter the country at all to renew.

More over because there is no like dual citizenship which would rather granted you piece of mind in these situations.

And what about my BPJS, or bank accounts ?
This legislations changing every year. So I got my BPJS (was told had to open it at that time) while I was on KITAP. And nowadays I think KITAP holders do not have that option at all ! (not sure if that changed again)

And I think recently they started implementing rule that only KITAP (KITAS excluded) holders are able to have Bank Account in RI.
So what happens with mine bank acc. then ?
I mean i will continue to have mine (bank will not care or have insight) .. but I am on slippery slope with this as well !

Another thing is Cellphone Number ! I kept my renewing/alive just I do not have problems with all those services requiring one to have one when logging in.
And in meantime they also made harder rules about people without KTP (Indonesian ID) to hold Cellphone Number active inside RI more than 6 months - 1 year (depending if you are on KITAs or SOS budaya). Many people reporting SIM not working after some time who were or KITAS. And some had no issues at all !?

Even my e-KTP number (NIK) which was base for other services in RI (like checking BPJS status) was not working with their databases although I had it for years (NIK/KTP) And no one could fix the problem. And I could not use BPJS website at all but had to do it always manually in BPJS office.

Sure other countries have similar things regarding, med insurance, foreigners with bank accounts etc .. Nothing special there. But I think rarely else in the world you can stuck in some bureaucracy limbo like with this regulations.

Thx for replying guys I appreciate the effort.
I just do not know should I actually speed up my return now ... or it is irrelevant at all. Since it is pure gamble what will happen when I enter RI !?

 

[Hawk256]

Thx for replying guys I appreciate the effort.
I just do not know should I actually speed up my return now ... or it is irrelevant at all. Since it is pure gamble what will happen when I enter RI !?

I think the more time that passes, the harder it will be to keep them from voiding it. YMMV.

 

[snpark]

One day over or 30 days over, it is still over the deadline expiry etc and you need to reapply

 

[Hawk256]

One day over or 30 days over, it is still over the deadline expiry etc and you need to reapply

I think that is true for the most part. With COVID no longer being a good excuse, it may be harder to get it done. I never say never though and there is nothing to lose by trying to persude them for leniency.

 

[snpark]

 

[Brian86]

One day over or 30 days over, it is still over the deadline expiry etc and you need to reapply

That's a rather pessimistic view that is supported neither by law nor anecdotal evidence.

It is not a cancellation that happens automatically (such as an expiration), and thus @Edd can attempt to enter with it and hope for the best, but be prepared for the worst (tourist visa).

 

[snpark]

It's all on computer. He will try to enter and the system will show he is 365 days outside of Indonesia
Hence that visa is no longer valid for entry
That's fact
Now if he goes to immigration and tries to bargain with them to let him enter since its only 24hours late or something then maybe they let him in

Likewise with reapplying they might say ok we can do it as a late renewal not a new application

But to physically enter the country, that visa method is invalid. That is the fact and is the law also

 

[Edd]

Regarding computers...my NIK was in their computer also. KTP valid etc.. But I could not register everywhere where NIK was needed online. I tried to fix this but no one had clue why it was like this ...
Later on I additionally found out that they had double (and sometimes triple databases). The thing was .. Because voting fraud in Java, a case where many workers from China in factories on Java with KTP/NIKs were siphoned to vote by boss for particular candidate. They "froze" ALL foreigners NIKs at that time so this malpractice could not happen.
Later on they did not reactivate all NIKs, (some were some weren't) ... They were "patching" it by redirecting systems to new NIK databases (so far I understood) etc.
In short huge mess which resulted some people having working ones others no way fixing theirs.
It created problems for BPJS later on .. but that is another long story.

I mean this has nothing to do with Immigration and their ITAP holders etc .. but it is rather *footnote on how databases ("It's all on computer" must be !) things can be nightmarish and totally not work as plain logic is telling you !

Anyhow I doubt I have little to nohope I will be allowed to enter without VoA after 365 days ...

 

[H29062024]

Let us know how it goes. Anecdotally, as others have written, there have been cases where the 365 day rule has not been enforced and, as far as I'm aware, no cases shared online where a Kitap was cancelled at entry for this reason alone. It will be up to the discretion of the immigration officer to whom you present your passport, based upon their assessment of your reasons for staying so long outside of Indonesia. This is unlike an expired MERP, which would automatically cancel your Kitap if/when you try to return and, according to immigration officials I have spoken to, is strictly enforced.

 

[pantaiema]

Those who said it will automatically expire read this.
This is a direct quotation from the Immigration law article 62

UU Keimigrasian – Bab 5 - Direktorat Jenderal Imigrasi

www.imigrasi.go.id

Izin Tinggal Tetap DAPAT berakhir karena pemegang Izin Tinggal Tetap:

1. meninggalkan Wilayah Indonesia lebih dari 1 (satu) tahun atau tidak bermaksud masuk lagi ke Wilayah Indonesia;
2. tidak melakukan perpanjangan Izin Tinggal Tetap setelah 5 (lima) tahun;
3. memperoleh kewarganegaraan Republik Indonesia;
4. izinnya dibatalkan oleh Menteri atau Pejabat Imigrasi yang ditunjuk;
5. dikenai tindakan Deportasi; atau
6. meninggal dunia.

Permanent Stay Permit MAY EXPIRE if the bearer:

1. leaves Territory of Indonesia for more than 1 (one) year or intending not to re-enter the Territory of Indonesia

Look at the wording MAY EXPIRE, it does not say it will automatically expire (void).

Also this is a real personal experience from someone who have similar situation with the OP.

I recommend exercising caution when considering information from random person on the internet without further link from a trusted sources, especially if the individual has a track record of sharing misleading information. It's wise to be prepared for potential challenges, as luck may not always be on your side. However, considering the necessity of entering Indonesian territory anyway, you may decide to proceed entering using despite the uncertainties.

 

[techsolutions]

@Edd r u able to enter on kitap
Or use agent to fix it

Those who have kitap if there is apply permission to stay outside 1yr

 

[nardo]

So what happened?