So you Overstayed! Now what?

dafluff

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First of all don't panic, and read on! When talking about the consequences of an overstay, the applicable law is UU no 6/2011 (Immigration Law). Please note that in this article the definition of overstay is the act of exceeding the allowed number of days within Indonesia as stipulated by your entry permit. The person overstaying must also have entered Indonesia legally, with a valid passport, through a proper immigration check point, and at the time of admission been possession of a proper visa (or eligible for a visa free waiver). The situation is different for someone who entered Indonesia illegally (an illegal immigrant), for which the penalties are quite a bit more harsh. A simple overstay is only an administrative matter, not a criminal one, regardless of what anyone tells you.

In the Immigration law you will find two categories of overstay:
a) Fewer than 60 days overstay​
b) More than 60 days overstay​

Fewer than 60 days overstay
According to article 78.1 in UU no 6/2011, if you are in the fewer than 60 days category (and remember, Indonesian immigration counts both the day you entered and the day you left as 1 day each), then the procedure is straightforward: Go directly to the airport with a ticket to fly out of Indonesia, pay a fine (currently at Rp 300,000/day) per day you are overstaying, and get out of Indonesia. If you are unable to pay this fine, you will be deported and blacklisted. It is recommended that you get to the airport earlier than normal to allow for the paperwork to be completed.

More than 60 days overstay
If your overstay is over 60 days, then Article 78.3 of the Immigration Law requires that you are deported and blacklisted. Strangely enough, you are no longer required to pay a fine. You should still go to the airport, significantly earlier than you would ordinarily go, with a ticket out of Indonesia in hand. Be ready to receive some serious grilling by the immigration officials, and remember that they have a right to detain you while they investigate your situation. However, the good news is that as long as you have not committed a crime, you are facing only an administrative sanction.

When they grill you, make sure you stay calm, and answer as politely as possible. Have an explanation for your overstay, and how you supported yourself monetarily while in Indonesia. Please note that working illegally in Indonesia does make your situation worse. Do not raise your voice. They will use various tactics to interrogate you, a lot of them possibly insulting, to get a rise out of you. For example, someone reported that they were asked if they made money to survive by selling their body! Immigration officials may also quote harsh penalties from the law, usually article 124 of the Immigration law, but this section is mostly intended for organizations or employers who knowingly employ illegal immigrants. However, at no time tell them that you know your law or the articles in them, or be argumentative in any way.

Instead be contrite, admit that you made a mistake, and say that you want to submit to the law. If you have an Indonesian spouse or partner, officials will probably want to question this person too. So you may as wall have them accompany you if they are able as it could expedite the process. Just prepare them for the grilling. You should both insist that your Indonesian acquaintance had no prior knowledge of your overstay. Do not bring signs of wealth, such as expensive jewelry or electronics, and bring only the cash that you can afford to have “confiscated”. Absent any other suspicions, there is a fair chance that the immigration official will be able to deport you on the same day. Otherwise, be prepared to spend a few days in immigration detention.

Other tips for those with an overstay of more than 60 days:

  • Take charge of your situation. Prolonging your overstay is unlikely to make your situation better, and very likely to make it worse, as a reasonable explanation of your situation will be less and less credible the longer you overstay.
  • It is better to surrender to the authorities, rather than have them find you.
  • If possible, surrender to authorities at an airport, preferably at either Soekarno-Hatta Airport in Jakarta or Ngurah Rai Airport in Bali, as both locations have a full immigration office (Kantor Imigrasi Kelas 1 Khusus).
  • Notify a family member or friend of your intentions of surrendering, so that they may know of your whereabouts. You may also wish to contact your embassy, but be aware that they will offer limited assistance only, if any.
  • Have a ticket out of Indonesia in hand. The officials at the airport have some discretion as to whether they can let you depart, whereas officials at other immigration offices will probably detain you, especially if you come in without means of leaving the country.
  • Whatever you do, do not entertain crazy ideas such as making fake documents, or trying to smuggle yourself out of Indonesia.

Applicable articles of law, translation and explanation:

Pasal 78 UU 6/2011
1) Orang Asing pemegang Izin Tinggal yang telah berakhir masa berlakunya dan masih berada dalam Wilayah Indonesia kurang dari 60 (enam puluh) hari dari batas waktu Izin Tinggal dikenai biaya beban sesuai dengan ketentuan peraturan perundangundangan.
2) Orang Asing yang tidak membayar biaya beban sebagaimana dimaksud pada ayat (1) dikenai Tindakan Administratif Keimigrasian berupa Deportasi dan Penangkalan.
3) Orang Asing pemegang Izin Tinggal yang telah berakhir masa berlakunya dan masih berada dalam Wilayah Indonesia lebih dari 60 (enam puluh) hari dari batas waktu Izin Tinggal dikenai Tindakan Administratif Keimigrasian berupa Deportasi dan Penangkalan.


1) Foreigners in possession of an expired stay permit and still within Indonesia fewer than 60 days past expiration of the stay permit are fined according to applicable law.​
2) Foreigners who do not pay the fine stipulated in (1), are given Administrative Immigration Action in the form of Deportation and Blacklisting.​
3) Foreigners in possession of an expired stay permit and still within Indonesia more than 60 days past the expiration of the stay permit are given Administrative Immigration Action in the form of Deportation and Blacklisting​

As can be seen from the law itself, a simple overstay is an administrative matter. It does not involve courts or jail time. In the case of more than 60 day overstay, the only applicable penalty is Deportation and Blacklisting. There is no fine.

Pasal 124 UU 6/2011
Setiap orang yang dengan sengaja menyembunyikan atau melindungi atau memberi pemondokan atau memberikan penghidupan atau memberikan pekerjaan kepada Orang Asing yang diketahui atau patut diduga:a. berada di Wilayah Indonesia secara tidak sah dipidana dengan pidana penjara paling lama 2 (dua) tahun dan/atau pidana denda paling banyak Rp200.000.000,00 (dua ratus juta rupiah);
b. Izin Tinggalnya habis berlaku dipidana dengan pidana kurungan paling lama 3 (tiga) bulan atau pidana denda paling banyak Rp25.000.000,00 (dua puluh lima juta rupiah).

Anyone who intentionally hides, protects or gives accommodation, livelihood or employment to a foreigner who is known or reasonably presumed:​
a. to be within Indonesia illegally is punishable by imprisonment of a maximum of 2 years and/or a maximum fine of Rp 200 million​
b. to have expired stay permit is punishable by imprisonment of a maximum of 3 months or maximum fine of Rp 25 million.​

It is important to note the words “dengan sengaja” in bold above, is a legal term, meaning that the violation has to be willfully done, and with an obvious advantage to the violator, and “diketahui atau patut diduga” means the perpetrator knows the status of foreigner. This is mostly used to prosecute employers who willfully employ multiple illegal immigrants, in this case the employer is clearly benefiting monetarily, and the employer must know the status of his worker who is unable to produce proper documents for employment. This situation does not apply to an Indonesian friend or partner who is merely living with you, and is not expected to know your immigration status or anything else about immigration.

Usual legal disclaimer: While every effort has been made to make the above information as accurate as possible, the writer is not a lawyer, nor is this article supposed to be legal advice. Readers are advised to recall that Indonesian laws, regulations, and procedures can change at any time. This post was written in July, 2016 and was accurate to the best of the writer's knowledge at that time.

Questions/Comments/Corrections? Please add them below!
 
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Puspawarna

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Just to confirm: the above was written in July, 2016 and is accurate to the best of your knowledge at that time, is that correct dafluff?
 

dafluff

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Just to confirm: the above was written in July, 2016 and is accurate to the best of your knowledge at that time, is that correct dafluff?

That is correct....should probably put that in there somewhere ;) I'll leave it to my editor!

Edit: Also stay tuned for a follow up article So you have been Blacklisted? Now what?
 

nd_eric_77

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So you Overstayed! Now what?
...
Other tips for those with an overstay of more than 60 days:


  • Take charge of your situation. Prolonging your overstay is unlikely to make your situation better, and very likely to make it worse, as a reasonable explanation of your situation will be less and less credible the longer you overstay.
  • It is better to surrender to the authorities, rather than have them find you.
  • If possible, surrender to authorities at an airport, preferably at either Soekarno-Hatta Airport in Jakarta or Ngurah Rai Airport in Bali, as both locations have a full immigration office (Kantor Imigrasi Kelas 1 Khusus).
  • Notify a family member or friend of your intentions of surrendering, so that they may know of your whereabouts. You may also wish to contact your embassy, but be aware that they will offer limited assistance only, if any.
  • Have a ticket out of Indonesia in hand. The officials at the airport have some discretion as to whether they can let you depart, whereas officials at other immigration offices will probably detain you, especially if you come in without means of leaving the country.
  • Whatever you do, do not entertain crazy ideas such as making fake documents, or trying to smuggle yourself out of Indonesia.
(emphasis added)...

I have always had a morbid curiosity about the possibility of an overstayer flying to Batam, hiring a fishing boat, and then landing in Singapore or Johor Bahru. Note: I have never overstayed, hence this does not apply to me personally. I wonder whether there are any stories of this having occurred, or if this is just an idea which occasionally gets bandied about in hushed tones (and sometimes results in removed threads due to its blatant illegality.)

Side note: there was an episode of Locked-Up / Banged-Up Abroad in which a guy swam to cross a border in the process of escaping a Turkish prison.
 

nd_eric_77

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That is correct....should probably put that in there somewhere ;) I'll leave it to my editor!

Edit: Also stay tuned for a follow up article So you have been Blacklisted? Now what?

Short answer: you do not return to Indonesia. :)
 

dafluff

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Short answer: you do not return to Indonesia. :)

Haha, yeah, that is probably the short answer for most people. But there are people who would like to return to Indonesia for family or even children left behind, and I hope that article will be helpful for those situations.
 

HappyMan

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This is a great article! You've really covered everything. Now we just wait for people to come along and post in the thread asking for information from it, so I can copy-paste a response!
 

Imagem

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I have a few friends who were blacklisted but only for 6 months, luckily.
 

nd_eric_77

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I have a few friends who were blacklisted but only for 6 months, luckily.

Were they automatically removed from the list after 6 months? I seem to remember reading that one has to request removal from the list after the stipulated time passes, but do not know that for a fact.
 

fastpitch17

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Were they automatically removed from the list after 6 months? I seem to remember reading that one has to request removal from the list after the stipulated time passes, but do not know that for a fact.

That is my understanding too. 6 months but will stay on the books until someone locally removes it. Only done twice a year as I understand it.
 

Tupai Hitam

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Fewer than 60 days overstay
According to article 78.1 in UU no 6/2011, if you are in the fewer than 60 days category (and remember, Indonesian immigration counts both the day you entered and the day you left as 1 day each), then the procedure is straightforward: Go directly to the airport with a ticket to fly out of Indonesia, pay a fine (currently at Rp 300,000/day) per day you are overstaying, and get out of Indonesia.

Of course if you arrived on a tourist visa (30 days) and you've overstayed that by a few days, you don't have to go to the airport and leave. You can just submit an extension form at your local immigration office and pay the overstay fine there and get another 30 days (including the days you overstayed). But if you then overstay your extension, yes, airport and fine.
 

CaturMuka

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I have always had a morbid curiosity about the possibility of an overstayer flying to Batam, hiring a fishing boat, and then landing in Singapore or Johor Bahru. Note: I have never overstayed, hence this does not apply to me personally. I wonder whether there are any stories of this having occurred, or if this is just an idea which occasionally gets bandied about in hushed tones (and sometimes results in removed threads due to its blatant illegality.)

Me too!

My guess is that there would be serious consequences if you got caught sneaking in and they'd probably wonder why you had no entry stamp in your passport when you go to depart Singapore as well. For a simple overstayer, it's probably not worth it. But if you're being charged with something serious in Indonesia (in my fantasies I'm always innocent) then you might be better off getting caught by Singaporean officials rather than leaving your fate in the hands of the Indonesian justice system.

What about hiking into East Timor?
 

atlantis

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I have always had a morbid curiosity about the possibility of an overstayer flying to Batam, hiring a fishing boat, and then landing in Singapore or Johor Bahru.


My guess is that there would be serious consequences if you got caught sneaking in and they'd probably wonder why you had no entry stamp in your passport when you go to depart Singapore as well.
You will end up in jail, either in Indonesia or in the country you illegally entered.
I have helped for translation a guy caught years ago who tried to get out of Indonesia to The Philippines. He got turned away to Indonesian authority as soon as the pinoy find out that he had no exit stamp from Indonesia. Singapore would do the same.
If you manage to enter Singapore or Timor Leste and don't get caught by their immigration officers, they will jail and prosecute you at the minute you try to exit for having illegally entered their country (no entry stamp).

In a word: don't! Overstaying is just an administrative offense. Illegally exiting/entering a country is a criminal offense.
 

CaturMuka

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In a word: don't! Overstaying is just an administrative offense. Illegally exiting/entering a country is a criminal offense.

Yes, I'd agree for a simple overstayer. But what about someone like Neil Bantleman from the JIS case? He was initially acquitted but was barred from leaving the country. It's easy to say from the comfort of my armchair, but I'm pretty sure I would have tried to exit the country illegally under similar circumstances.
 

Sharull Nawi

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First of all don't panic, and read on! When talking about the consequences of an overstay, the applicable law is UU no 6/2011 (Immigration Law). Please note that in this article the definition of overstay is the act of exceeding the allowed number of days within Indonesia as stipulated by your entry permit. The person overstaying must also have entered Indonesia legally, with a valid passport, through a proper immigration check point, and at the time of admission been possession of a proper visa (or eligible for a visa free waiver). The situation is different for someone who entered Indonesia illegally (an illegal immigrant), for which the penalties are quite a bit more harsh. A simple overstay is only an administrative matter, not a criminal one, regardless of what anyone tells you.

In the Immigration law you will find two categories of overstay:
a) Fewer than 60 days overstay
b) More than 60 days overstay​

Fewer than 60 days overstay
According to article 78.1 in UU no 6/2011, if you are in the fewer than 60 days category (and remember, Indonesian immigration counts both the day you entered and the day you left as 1 day each), then the procedure is straightforward: Go directly to the airport with a ticket to fly out of Indonesia, pay a fine (currently at Rp 300,000/day) per day you are overstaying, and get out of Indonesia. If you are unable to pay this fine, you will be deported and blacklisted. It is recommended that you get to the airport earlier than normal to allow for the paperwork to be completed.

More than 60 days overstay
If your overstay is over 60 days, then Article 78.3 of the Immigration Law requires that you are deported and blacklisted. Strangely enough, you are no longer required to pay a fine. You should still go to the airport, significantly earlier than you would ordinarily go, with a ticket out of Indonesia in hand. Be ready to receive some serious grilling by the immigration officials, and remember that they have a right to detain you while they investigate your situation. However, the good news is that as long as you have not committed a crime, you are facing only an administrative sanction.

When they grill you, make sure you stay calm, and answer as politely as possible. Have an explanation for your overstay, and how you supported yourself monetarily while in Indonesia. Please note that working illegally in Indonesia does make your situation worse. Do not raise your voice. They will use various tactics to interrogate you, a lot of them possibly insulting, to get a rise out of you. For example, someone reported that they were asked if they made money to survive by selling their body! Immigration officials may also quote harsh penalties from the law, usually article 124 of the Immigration law, but this section is mostly intended for organizations or employers who knowingly employ illegal immigrants. However, at no time tell them that you know your law or the articles in them, or be argumentative in any way.

Instead be contrite, admit that you made a mistake, and say that you want to submit to the law. If you have an Indonesian spouse or partner, officials will probably want to question this person too. So you may as wall have them accompany you if they are able as it could expedite the process. Just prepare them for the grilling. You should both insist that your Indonesian acquaintance had no prior knowledge of your overstay. Do not bring signs of wealth, such as expensive jewelry or electronics, and bring only the cash that you can afford to have “confiscated”. Absent any other suspicions, there is a fair chance that the immigration official will be able to deport you on the same day. Otherwise, be prepared to spend a few days in immigration detention.

Other tips for those with an overstay of more than 60 days:

  • Take charge of your situation. Prolonging your overstay is unlikely to make your situation better, and very likely to make it worse, as a reasonable explanation of your situation will be less and less credible the longer you overstay.
  • It is better to surrender to the authorities, rather than have them find you.
  • If possible, surrender to authorities at an airport, preferably at either Soekarno-Hatta Airport in Jakarta or Ngurah Rai Airport in Bali, as both locations have a full immigration office (Kantor Imigrasi Kelas 1 Khusus).
  • Notify a family member or friend of your intentions of surrendering, so that they may know of your whereabouts. You may also wish to contact your embassy, but be aware that they will offer limited assistance only, if any.
  • Have a ticket out of Indonesia in hand. The officials at the airport have some discretion as to whether they can let you depart, whereas officials at other immigration offices will probably detain you, especially if you come in without means of leaving the country.
  • Whatever you do, do not entertain crazy ideas such as making fake documents, or trying to smuggle yourself out of Indonesia.

Applicable articles of law, translation and explanation:

Pasal 78 UU 6/2011
1) Orang Asing pemegang Izin Tinggal yang telah berakhir masa berlakunya dan masih berada dalam Wilayah Indonesia kurang dari 60 (enam puluh) hari dari batas waktu Izin Tinggal dikenai biaya beban sesuai dengan ketentuan peraturan perundangundangan.
2) Orang Asing yang tidak membayar biaya beban sebagaimana dimaksud pada ayat (1) dikenai Tindakan Administratif Keimigrasian berupa Deportasi dan Penangkalan.
3) Orang Asing pemegang Izin Tinggal yang telah berakhir masa berlakunya dan masih berada dalam Wilayah Indonesia lebih dari 60 (enam puluh) hari dari batas waktu Izin Tinggal dikenai Tindakan Administratif Keimigrasian berupa Deportasi dan Penangkalan.




1) Foreigners in possession of an expired stay permit and still within Indonesia fewer than 60 days past expiration of the stay permit are fined according to applicable law.
2) Foreigners who do not pay the fine stipulated in (1), are given Administrative Immigration Action in the form of Deportation and Blacklisting.
3) Foreigners in possession of an expired stay permit and still within Indonesia more than 60 days past the expiration of the stay permit are given Administrative Immigration Action in the form of Deportation and Blacklisting​

As can be seen from the law itself, a simple overstay is an administrative matter. It does not involve courts or jail time. In the case of more than 60 day overstay, the only applicable penalty is Deportation and Blacklisting. There is no fine.

Pasal 124 UU 6/2011
Setiap orang yang dengan sengaja menyembunyikan atau melindungi atau memberi pemondokan atau memberikan penghidupan atau memberikan pekerjaan kepada Orang Asing yang diketahui atau patut diduga:a. berada di Wilayah Indonesia secara tidak sah dipidana dengan pidana penjara paling lama 2 (dua) tahun dan/atau pidana denda paling banyak Rp200.000.000,00 (dua ratus juta rupiah);
b. Izin Tinggalnya habis berlaku dipidana dengan pidana kurungan paling lama 3 (tiga) bulan atau pidana denda paling banyak Rp25.000.000,00 (dua puluh lima juta rupiah).


Anyone who intentionally hides, protects or gives accommodation, livelihood or employment to a foreigner who is known or reasonably presumed:
a. to be within Indonesia illegally is punishable by imprisonment of a maximum of 2 years and/or a maximum fine of Rp 200 million
b. to have expired stay permit is punishable by imprisonment of a maximum of 3 months or maximum fine of Rp 25 million.​

It is important to note the words “dengan sengaja” in bold above, is a legal term, meaning that the violation has to be willfully done, and with an obvious advantage to the violator, and “diketahui atau patut diduga” means the perpetrator knows the status of foreigner. This is mostly used to prosecute employers who willfully employ multiple illegal immigrants, in this case the employer is clearly benefiting monetarily, and the employer must know the status of his worker who is unable to produce proper documents for employment. This situation does not apply to an Indonesian friend or partner who is merely living with you, and is not expected to know your immigration status or anything else about immigration.

Usual legal disclaimer: While every effort has been made to make the above information as accurate as possible, the writer is not a lawyer, nor is this article supposed to be legal advice. Readers are advised to recall that Indonesian laws, regulations, and procedures can change at any time. This post was written in July, 2016 and was accurate to the best of the writer's knowledge at that time.

Questions/Comments/Corrections? Please add them below!
 

Sharull Nawi

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Hello, I have relatives in Indonesia that already overstay almost 2 years, the Nationality is Malaysia and he have been with his wife and 2 sons are Indonesian in Indonesia.
 

snpark

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How can an Indonesian overstay a visa here? And do Malaysians even need visa to come here? Can't he just fly out and back? Surely he should have just done that when his visa (???) expired? A flight to SG is less than $100 return, still amazed these days at people that cannot or will not do that
 

lifelongexpat

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Try to get to Kalimantan and cross the border into Sabah/Sarawak. There are many spots where you can just walk across unoticed.
 

dafluff

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Try to get to Kalimantan and cross the border into Sabah/Sarawak. There are many spots where you can just walk across unoticed.

Getting caught doing this will turn your administrative overstay into a more complicated case. Just follow the advice in the first post. Note that once deported, there is no guarantee that you will eventually be able to re-enter Indonesia legally.
 

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