By: Attorney RIKHARDUS IKUN, S.H., M.H., C.MSP., C.NSP., C.LFS., C.CPr.
Director of the LAW FIRM JAMES RICHARD AND PARTNERS.
CHAIRMAN OF THE BALI CHAPTER OF PERADI UTAMA.
1. Definition
Overstay refers to a situation in which a foreign national remains in Indonesian territory beyond the period of stay authorized by immigration officials. This violation may occur due to negligence in extending the stay permit or because the foreign national intentionally remains in the country after the permit has expired.
2. Legal Basis
Provisions regarding overstay are regulated in Law No. 6 of 2011 on Immigration, as amended, along with its implementing regulations.
3. Legal Consequences
Foreign nationals who overstay may be subject to administrative immigration measures, including the obligation to pay a penalty, deportation, and/or a re-entry ban in accordance with applicable regulations.
If the overstay exceeds 60 days, the foreign national may, in principle, be subject to deportation and a re-entry ban, pursuant to Article 78(3) of the Immigration Law. If other violations occur, the handling of the case may vary based on the facts and applicable legal provisions.
4. Legal Opinion
Every foreign national is required to comply with the terms of their residence permit while in Indonesia. To avoid more severe legal consequences, foreign nationals whose residence permits have expired should immediately contact the competent immigration office to formally resolve their immigration status.
Conclusion
Overstaying is not merely a routine administrative matter, as it can result in fines, deportation, and a ban on re-entry. Therefore, compliance with the validity period of a residence permit is a legal obligation for every foreign national in Indonesia.
Legal Basis: Law No. 6 of 2011 on Immigration.
