KITAP DIVORCE EPO

Appel

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Joined
Aug 13, 2023
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10
Hello,
I have a big problem right now and I don't know what to do. I have a kitap, have been married since 2019, I filed for divorce and have been divorced since December. I went to the immigration office to change my sponsor, according to Pasal 163 it is possible to keep the kitap if you have been married for more than 5 years. At the immigration office they told me the law was being changed, The marriage must be over 10 years. I should do an EPO and then I can re-enter with a tourist visa. My world is falling apart. My life is here. Now comes the worst, only my husband can do the EPO. And he refuses to do anything. What can I do? If I don't have an EPO but leave the country because my kitap is no longer valid, I cannot re-enter the country for a year.,or? What options are there? Does anyone have any experience? I'm pretty desperate.
 

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Weird. I have always understood it to be 10 years in order to continue your kitap
 
Same I was always of the understanding you have to have been married 10years to keep the KITAP.
 
What can I do now to at least be able to come back as a tourist if my ex-husband refuses to help me with the EPO.
 
... I went to the immigration office to change my sponsor, according to Pasal 163 ... At the immigration office they told me the law was being changed, The marriage must be over 10 years.
If they said about the UU/Law and not the Peraturan Pemerintah/Government Regulation , they are mistaken . But if they said the PP is being changed , then they know what they are talking about .
Curiously this Pasal/Article no.163 stated something that is not in the Law , even so few members have benefited from it up to now . But I , for example didn't succeeded (divorced after 5 years) , and the Immigration section boss mentioned to me the fact that this Article 163 was not according to the Law no.6 Year 2011 .

I quickly checked 4 revisions of the PP no.31 Year 2013 (namely : PP no.26 TAHUN 2016 , PP no.51 TAHUN 2O2O , PP no.48 TAHUN 2021 , and PP no.40 TAHUN 2023) , but didn't find a revision or cancellation of this Article 163 , so it seems it is still valid .
If I don't have an EPO but leave the country because my kitap is no longer valid, I cannot re-enter the country for a year.,or?
I only know that if you request an evisa , Immigration will deny it until you solve this EPO problem . I have read many Regulations but didn't notice anything about this problem .
What can I do now to at least be able to come back as a tourist if my ex-husband refuses to help me with the EPO.
If you already told that to Immigration and they refused to issue the EPO , I suggest you to look for a visa agent who are sure he/she can help you .
 
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Remember that if Immigration does not accept your request based on Article 163 , you have only 60 days after the Akta Cerai/Divorce date to leave Indonesia , otherwise there will be overstay fine (Rp1 million per day , if not more) .

You are required to report the divorce to Immigration too .
 
Thank you very much for your help and your answer. The immigration authorities wouldn't let me apply for a change of sponsor at the counter. Because they said I had to be married for 10 years. They said I had to do an EPO. And that I had to do it online and my ex-husband had to do it. The new law no longer says 60 days. My divorce decree is from December 13th. I don't quite understand what you're writing about Article 163.
 
... The new law no longer says 60 days.
I think it is a misunderstand . As I said the Law only mentioned divorce when married for more than 10 years . In my view , the Regulation should not "create" the Article 163 as it was to only implement the Law (Regulation is not to create a new rule) .
I don't quite understand what you're writing about Article 163.
Please tell me exactly what you didn't understand .
 
In PP no. 31 of 2013, Article 163 exists, as the screenshot in the initial post shows. In the latest PP, also in the screenshot, this article no longer exists. There is no mention of the 60-day rule.

You mean that the Artikel 163 never was valid?

Only that you lose your KITAP if you have been married for less than 10 years and then get divorced
. I would like to know how long I have to sort out my stuff here. Without overstay.
 
In PP no. 31 of 2013, Article 163 exists, as the screenshot in the initial post shows. In the latest PP, also in the screenshot, this article no longer exists. There is no mention of the 60-day rule.
The (probable) latest PP (PP no.40 Year 2023) does not list the Article 163 , meaning that it doesn't revises or deletes Article 163 . This is why I also checked the 3 other revisions of PP31 Year 2013 (still I didn't see any revision or deletion of Article 163) .

Your second screenshot (I assumed is Article 159 from PP40 Year 2023) , it revised the old Article 159 , but not a relevant change (see the comparison below) :

PP 31/2013 (which originated the Article 163) :
Article 159 (4) g. : KITAP may be cancelled ... (if) the legal marriage with an Indonesian citizen and the marriage relationship between the foreigner and an Indonesian citizen is terminated due to divorce and/or a court decision, except for a marriage that is 10 (ten) years old or more.

PP 40/2023
Article 159 (4) g. : KITAP ... may be cancelled... (if) the marriage relationship of a foreigner who is legally married to an Indonesian Citizen is terminated due to divorce and/or a court decision, except for a marriage that has lasted 10 (ten) years or more.
You mean that the Artikel 163 never was valid?
No !
The PP 31/2013 which introduced the Article 163 was approved by the Indonesian President + the Justice Minister , so ...
 
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Hello,
I have a big problem right now and I don't know what to do. I have a kitap, have been married since 2019, I filed for divorce and have been divorced since December. I went to the immigration office to change my sponsor, according to Pasal 163 it is possible to keep the kitap if you have been married for more than 5 years. At the immigration office they told me the law was being changed, The marriage must be over 10 years. I should do an EPO and then I can re-enter with a tourist visa. My world is falling apart. My life is here. Now comes the worst, only my husband can do the EPO. And he refuses to do anything. What can I do? If I don't have an EPO but leave the country because my kitap is no longer valid, I cannot re-enter the country for a year.,or? What options are there? Does anyone have any experience? I'm pretty desperate.
I am sorry to hear about your situation. One option to consider, as someone mentioned, is working with an immigration agent. An agent may be able to submit your file to a different immigration office, rather than the one you have already been dealing with.

Agents often have strong connections with immigration officials, and there are cases where they have been able to navigate complex situations, sometimes even acting as guarantors or finding alternative solutions.

That said, this is not a recommendation, and I urge you to proceed with caution and make decisions based on your own research. I don't have any connections with immigration agents, so I can’t recommend anyone specifically. However, some people in this forum might have personal experience with reliable agents
 

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