SKTT Catch 22

[Jamu]

My WNI spouse sponsored my Kitas via the online process, which went very smoothly. I understand that I must get SKTT from the Catatan Sipil within two weeks of the Kitas issuance. However, this is where a problem arises. Here in Bali, the Gianyar Regency insists that the KK address of the local sponsor match exactly the address of my Surat Domisili (the instruction form actually has the words ‘HARUS SAMA’ in capital letters). My wife currently has a Jakarta address on her KTP and KK, and owns land in Gianyar, to where she can move her KTP and KK, however this is not the same Desa where we live. The local banjar where we live won’t process a change of KTP or KK to the current address for a non-Balinese unless they own property in the banjar or have lived here for five years. So, unless I want to beg our landlord for a favor to be my SKTT sponsor (and he agrees), it is impossible for me to comply with the requirement to get SKTT. Anyone else have a similar problem or has any advice?

 

[Jamu]

Anyone? @dafluff @atlantis ??

 

[jstar]

1. Do Nothing. Risk a 2 juta fine, which I have never seen given to anyone. Annoying for lack of ID though.
2. Get it in Jakarta where her domicile is. That way you’ll also have it for the KITAP but then you’d most probably have to go there again for the KTP OA.
3. Challenge the local regulation. I’m aware many lawyers stated (see Hukumonline) that refusing an address change for the eKTP (KTP-el) is illegal according to the national laws. There have been cases in Surabaya. If any Javanese on KIPEM ever legally challenges this, the consequences could be enormous for Bali. Of course it will be a long and expensive procedure.

 

[Jamu]

Thanks for the advice jstar. First option is not workable tho since I will need SKTT to apply for Kitap or for Kitas renewal. The next option for me would be to request a second domisili in the banjar where my wife owns property and to where she is changing her KTP and KK (I'm pretty sure they would give it to me). However, my concern with this approach is when it comes time to apply for Kitap and my actual residence (which will have to be disclosed for purposes of the home visit by immigration) is not the same one where I have domisili according to the SKTT. Technically this could be viewed as being less than truthful, which may have its own unwelcome consequences. Regarding the third option, I would actually prefer to challenge the local regulation at the Catatan Sipil (ie, requiring that the KK address be exactly the same as the Surat Domisili), so we'll see what happens there. Note also that both our Desa in Ubud and Catatan Sipil in Gianyar advise that there is no more KIPEM/KIPS being issued for non-Balinese Indonesians, only a Surat Domisili signed by the banjar is possible...

 

[Bikerbule]

1. Do Nothing. Risk a 2 juta fine, which I have never seen given to anyone. Annoying for lack of ID though

I know people that were taken to court for no SKTT. Catatan officers turned up at their work with newspaper reporters in tow and made a huge scene about it. They were then dragged through courts and had to pay fines along with the embarrassment.

They didn't know about SKTT and had been paying agents to do their paperwork for years. They found about needing the SKTT and went directly to Catatan to explain the situation and were told to come back later to sort it out. Next day the reporters came.

 

[jstar]

They found about needing the SKTT and went directly to Catatan

An example of waking up sleeping dogs of course. I know people on (K)ITAP who could not even get a KTP even if they tried to get one (on time). Even I had to convince my Catatan Sipil. The question is how long this laxity will last and where they would take action. Perhaps a year, perhaps forever? Who knows.

And many agents still dont even (want to) know the difference between immigration administration and civil registration. I think that generally speaking the agents omitting/avoiding those documents, are a majority.

 

[Jamu]

And many agents still dont even (want to) know the difference between immigration administration and civil registration. I think that generally speaking the agents omitting/avoiding those documents, are a majority.

One thing I find amazing is that a local civil registration (the SKTT) is more difficult to obtain than an immigration stay permit, at least in Bali. This should never be the case. Once national immigration decides to grant residence, local rules should not undermine this decision by making a simple but legally required administrative registration impossible to get without having to convince a stranger (ie your landlord) to be an additional sponsor of your stay. What if he/she were to say no? Then you are truly stuffed and involuntarily breaking the law without recourse to remedy it. And, when Kitas renewal time comes around, you can't renew because immigration requires the SKTT, which you cannot get...Pure madness.

 

[dafluff]

Anyone? @dafluff @atlantis ??

I think your best bet is to challenge the local banjar about their stance on getting your wife's KTP moved. Their regulation is intended to discriminate against Javanese temporary workers, not expats, so they may be willing to grant an "exception". Sometimes having a long term rental agreement is sufficient in lieu of actually having property.

Having your landlord for SKTT sponsor I don't think is viable long term, because of your immigration status. Your sponsor has to be your wife. Eventually when you get KITAP, your name will be added to her KK, not your landlord's, obviously.

 

[Jamu]

Thanks dafluff, but the wife is pretty irritated by the whole nonsense, and will make the KTP and KK in the banjar, also in Gianyar, where she owns land and where we are building since that will be our address long term. To be honest, we are not up for a battle with the banjar where we presently live. Will head to Catatan Sipil on Monday for a discussion on why an Indonesian with a Bali KTP and KK and a surat domisili with the same address as her WNA spouse can sponsor Kitas but not SKTT. My expectations are suitably low on the outcome of this... In any case, perhaps the best bet is to get another surat domisili in the banjar where my wife owns land (and will have her KTP and KK) and then explain to immigration during the Kitap process why the SKTT is at a different address from where I actually live. They may not be aware of the bizarre rule of the Catatan Sipil in Gianyar (combined with the obstinance of banjars being reluctant to process KTP changes for non-Balinese Indonesians) essentially requiring multiple sponsorships of many WNA's on a spouse Kitas/Kitap.

 

[Jamu]

Here are the Gianyar requirements for SKTT and KTP-OA. From my research it seems like the regency is a total outlier in Indonesia for requiring the sponsor to have KK at the same address as the applicant's domisili.

 

[Bad_azz]

...
However, my concern with this approach is when it comes time to apply for Kitap and my actual residence (which will have to be disclosed for purposes of the home visit by immigration) is not the same one where I have domisili according to the SKTT. Technically this could be viewed as being less than truthful, which may have its own unwelcome consequences.

...

Not if you use the Jakarta address & discuss with immigration that there are 2 or 3 places you reside & explain the problems you are having in Bali and give them the other addresses in writing so that they can find you if they need to.

 

[Edward]

Eventually when you get KITAP, your name will be added to her KK, not your landlord's, obviously.

Can this be confirmed please? I would like to know if the addition of the WNA's name to the KK is required by law (essential), and if so, how it is done. Thanks (and thanks Jstar for information on Kitap 'extension' price in other thread)

 

[Jamu]

Not if you use the Jakarta address & discuss with immigration that there are 2 or 3 places you reside & explain the problems you are having in Bali and give them the other addresses in writing so that they can find you if they need to.

Thanks BA. As my wife hasn't lived in Jakarta for over a decade, we will change the KTP and KK to the banjar in Bali where she owns land on which we are building (and where we plan to live long term), and I will request another Surat Domisili there even though the house won't be ready for another year or so. This will allow me to get SKTT and I will subsequently explain the situation to immigration and give them copies of both SD's so they have an accurate address for me on file. Will report in due course if this causes any issues for the Kitap application...

Btw, I have a theory as to why Gianyar essentially requires a second sponsor and that has to do with the retirement Kitas. There are loads of retirees in the Ubud area, the majority of whom are sponsored by just a few agents. I imagine that the authorities don't find it ideal that one agent could act as guarantor for a few hundred people or more, so they require the retiree's landlord to act as a second guarantor... For people like me sponsored by a WNI spouse, with whom I live, it makes no sense to require a second sponsor/guarantor.

 

[dafluff]

Can this be confirmed please? I would like to know if the addition of the WNA's name to the KK is required by law (essential), and if so, how it is done. Thanks (and thanks Jstar for information on Kitap 'extension' price in other thread)

Before a KTP (or KTP-OA) can be issued, there has to be a KK where the person is registered. Normally people in one family are put together in one KK (as the name implies: Kartu Keluarga). There wasn't a process, it was just part of getting the KTP-OA.

In the past there have been separate KK issued to WNA husbands based on the following reasoning: Head of family has to be the husband, but head of family (Kepala Keluarga) can not be WNA. None of this is based on any law that I know of (but maybe there is?). Nowadays they do add WNA husbands on the KK and the WNI wife is listed as Kepala Keluarga.

 

[Bad_azz]

& as the wifey... I am not in my hubby's KK. I have my own.
I don't think it is a gender thing- I think it just a lottery of what Capil one uses.

Before a KTP (or KTP-OA) can be issued, there has to be a KK where the person is registered. Normally people in one family are put together in one KK (as the name implies: Kartu Keluarga). There wasn't a process, it was just part of getting the KTP-OA.

In the past there have been separate KK issued to WNA husbands based on the following reasoning: Head of family has to be the husband, but head of family (Kepala Keluarga) can not be WNA. None of this is based on any law that I know of (but maybe there is?). Nowadays they do add WNA husbands on the KK and the WNI wife is listed as Kepala Keluarga.

 

[Edward]

Before a KTP (or KTP-OA) can be issued, there has to be a KK where the person is registered. Normally people in one family are put together in one KK (as the name implies: Kartu Keluarga). There wasn't a process, it was just part of getting the KTP-OA.

In the past there have been separate KK issued to WNA husbands based on the following reasoning: Head of family has to be the husband, but head of family (Kepala Keluarga) can not be WNA. None of this is based on any law that I know of (but maybe there is?). Nowadays they do add WNA husbands on the KK and the WNI wife is listed as Kepala Keluarga.

Thank you. I have just checked our KK and one other, and on both, there is no sign of the husbands' names. My wife's shows she is married and head of the family. I think it is issued by Kantor Kelurahan. I am pretty sure I needed it for my KTP OA - as you have stated.

 

[jstar]

Yes you should be on one.

Esp. for WNI's it's a rather important document; to get a passport, have BPJS, apply for a mortgage, buy property, .... all require the KK.

 

[Jamu]

Ok, so here's the follow up and conclusion to my original post. My wife changed her KTP and KK to where she owns land in Bali - but this is in a different area to where we actually live. I subsequently got a Surat Domisili from my wife's 'new' banjar and a Surat Tanda Melapor from the local police station. At the Catatan Sipil I was then able to get SKTT even though my Itas, a copy of which I had to submit, clearly stated that I lived in a different address than my SKTT application.

Interestingly we were required to meet the Kepala Dinas at Catatan Sipil for a friendly chit chat while he signed the SKTT. I thought he was going to ask about the discrepancy in the addresses, but he didn't. So, a workaround, yes, but not an ideal one. In any case, I will proceed to imigrasi in the near future to apply for Itap and expect to have to explain the situation to them, as SKTT is required for the Itap application and no doubt they will see that my SKTT address is different from my imigrasi declared address - i.e., where I actually live.

To conclude - In Gianyar Regency, if you are on a WNI spouse sponsored Itas or Itap, in order to get SKTT or KTP-OA your spouse's Kartu Keluarga must have the same address as your Surat Domisili. If not, you have to either get him/her to change their KK to the banjar where you reside (good luck with this - most won't do it unless the spouse owns land there or you have been living there for at least 5 years), or obtain a second sponsor (your landlord if they are local, or if not, any other stiff from the banjar willing to be your guarantor), otherwise you won't get SKTT or KTP-OA, in which case you can't apply for eventual renewal of your Itas or Itap in Denpasar. Also note, in the case of KTP-OA, that your sponsor (whether your spouse or somebody else), will need to submit their original KK along with your application, and that if approved you will be placed on that person's KK. So in Gianyar Regency it's quite possible to end up on a relative stranger's KK and not on your WNI spouse's KK... Go figure...

 

[Jamu]

Applied for Itap today at Denpasar imigrasi. In the interest of full transparency, I explained to them the SKTT address issue (see posts above) and was asked to submit copies of both my Surat Domisili (as well as my wife's), for where we currently live, which as noted previously is not the address of her Bali KTP and my SKTT. The application was accepted so we'll see if any issues arise as it is processed. Will report the eventual outcome of my Itap process on the Spousal Kitas to Kitap Conversion thread, as some things have changed since earlier posts on the subject.