Certificate of Self-Report and Certificate of Residence for Foreigners

PERTANYAAN

In applying for ITAS, the SLKD and SKTT used to be a continuation that must be processed to equip foreigners living in Indonesia. Recently, I was told that SKLD and SKTT no longer need to be processed. Is this true? What is the legal basis?

INTISARI JAWABAN

Historically, prior to 1 January 2014, the Indonesian National Police ("POLRI") required foreigners to obtain a Certificate of Self-Report (Surat Keterangan Lapor Diri/ "SKLD"). However, according to the Announcement Letter of the Head of Foreigners Sub Division, dated 24 December 2013, foreigners residing in Indonesia are no longer required to apply for and obtain a Certificate of Self-Report

Thus, what about the obligation to apply for a Certificate of Residence (Surat Keterangan Tempat Tinggal/ "SKTT")? What’s the legal basis?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Surat Keterangan Lapor Diri dan Surat Keterangan Tempat Tinggal untuk WNA, written by Renata Christha Auli, S.H., and was published on Monday, 21 August 2023.

This article is an update of the article with the same title, written by Clara Angela Agnes Sipangkar, S.H. / Abraham Adeputra P. Lambe, S.H., M.H. from ANR Law Firm, and was first published on Monday, 24 March 2014.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

The Obligation to Have a Certificate of Self-Report Has been Removed

Historically, prior to 1 January 2014, the Indonesian National Police ("POLRI") required foreigners (Warga Negara Asing/ “WNA") to obtain a Certificate of Self-Report (Surat Keterangan Lapor Diri/ "SKLD"). However, according to the Announcement Letter of the Head of Foreigners Sub Division, dated 24 December 2013, foreigners residing in Indonesia are no longer required to apply for and obtain a Certificate of Self-Report. The announcement reads as follows:

1. It is notified that in accordance with:

1. Law Number 6 of 2011 on Immigration.
2. Order of the Chief of the National Police of the Republic of Indonesia Number: SPRIN/2471/XII/2013 Dated 23 December 2013 on the Discontinuation of Certificate of Self-Report/SKLD.

As of 1 January 2014, the National Police will no longer accept foreigners’ services in the form of SKLD.

2. In the context of the end of the 2013 fiscal year and the closing of the book, the last acceptance of application files for foreigner services is until 27 December 2013.

So, what about the obligation to apply for a Certificate of Residence (Surat Keterangan Tempat Tinggal/ "SKTT")? Here is the review.

Obligation to Have a Certificate of Residence

A Certificate of Residence is a residence certificate given to foreigners who have a Limited Stay Permit (Izin Tinggal Terbatas/ "ITAS") as proof of identity as a limited stay resident (penduduk).[1]

The obligation to apply for a Certificate of Residence is stated in Article 20 section (1) Law 23/2006, namely:

Foreigners who have ITAS who come from abroad and foreigners who have other permits that have changed their status as ITAS holders who plan to reside in the territory of the Unitary State of the Republic of Indonesia must report to the Implementing Agency no later than 14 days from the issuance of ITAS.

Then, based on the report, the Implementing Agency registers and issues the Certificate of Residence, as stipulated in Article 20 section (2) Law 23/2006. What is meant by the Implementing Agency is a district/city government apparatus that is responsible and authorized to carry out services in population administration affairs.[2]

Based on the explanation above, we can conclude that foreigners must report themselves to the Implementing Agency where the foreigner is located and the foreigner will get an Certificate of Residence from the Implementing Agency.

Then, based on Article 20 section (3) Law 23/2006, the validity period of the Certificate of Residence is adjusted to the validity period of the ITAS.

Also read: What is KITAS/KITAP and How to Apply for It

Administrative Sanctions

Furthermore, it is important to know that a Certificate of Residence is mandatory for foreigners to carry when traveling.[3] If a foreigner with an ITAS does not carry a Certificate of Residence when traveling, then the foreigner is potentially subject to an administrative fine of up to IDR 100,000 as stipulated in Article 91 section (2) Law 23/2006. Further provisions regarding administrative fines are regulated in a Presidential Regulation by taking into account the community conditions in each region.[4]

Also read: Procedures for Obtaining a Limited Stay Visa (VITAS) for Foreigners

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Law Number 23 of 2006 on Administration of Population as amended by Law Number 24 of 2013 on the Amendment to Law Number 23 of 2006 on Administration of Population;
2. Announcement Letter of the Head of Foreigners Sub Division 24 December 2013.

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[1] Elucidation to Article 20 section (2) Law Number 23 of 2006 on Administration of Population (“Law 23/2006”).

[2] Article 1 number 7 Law Number 24 of 2013 on the Amendment to Law Number 23 of 2006 on Administration of Population.

[3] Article 20 section (4) Law 23/2006.

[4] Article 91 section (3) Law 23/2006 jo. Elucidation to Article 91 section (3) Law 23/2006.