In our previous article, we elaborated on the process of obtaining an Indonesian Police Clearance Certificate (SKCK) for both foreigners and Indonesian nationals.
We highlighted that a foreigner's residential status in Indonesia plays an important role in determining their eligibility to obtain an SKCK. Typically, SKCK issuance is limited to foreigners who hold either temporary (KITAS) or permanent residency (KITAP) in Indonesia.
However, it's important to acknowledge that not every visitor to Indonesia possesses KITAS or KITAP. Various individuals come to Indonesia under different circumstances: participating in sports events, family visits, holidays, or even as digital nomads utilizing short-stay visas (Visa B211A). These varied reasons for visiting Indonesia create diverse residency statuses among foreigners.
A significant challenge arises when these individuals, at a certain point in their lives, seek permanent residency or citizenship in another country.
One of the key documents often required by authorities is a police clearance certificate from countries where the applicant has previously stayed or resided for a significant amount of time.
This leads us to a critical question: How can a foreigner who stayed in Indonesia as a tourist obtain an SKCK?
This article aims to answer this question.
We will also address other frequently asked questions that surround this complex issue, including among others:
What is SKCK or Indonesia Police Clearance Certificate?
Who can obtain SKCK?
What are the common reasons for foreigners to need an SKCK?
Can I obtain an SKCK if I stay in Indonesia as a tourist?
What are other available options for foreigners who stayed in Indonesia as a tourists to obtain SKCK?
What is SKCK or Indonesia Police Clearance Certificate?
The Indonesian Police Clearance Certificate or “SKCK” is an official certificate issued by the Indonesian national police to a citizen/applicant to fulfill his or her request or a need due to the provisions that require it. This document will be based on the results of biodata research and existing police records about the relevant person.
SKCK will also serve as an attestation to the existence (or nonexistence) of someone’s criminal record in Indonesia.
It applies both to Indonesian citizens as well as foreigners.
Who can obtain SKCK?
In principle, the Indonesian Police Clearance Certificate (SKCK) can be obtained by all Indonesian citizens.
However, foreigners residing (or have resided) in Indonesia can also obtain Indonesian police clearance, provided they possess either a temporary stay permit (KITAS) or a permanent stay permit (KITAP).
What are the common reasons for foreigners to need an SKCK?
Foreign nationals often find themselves requiring an SKCK, for a variety of important reasons, including:
Employment: Many employers, both within Indonesia and internationally, may request an SKCK as part of their background check process.
Applying for permanent residency in another country: SKCK serves as a crucial component of permanent residency application in some countries in the world (including Canada, Australia, and the United States), to demonstrate the individual's legal and criminal history (or lack thereof) in Indonesia.
Naturalization process (whether in Indonesia or abroad): SKCK has a function to attest to someone’s character and legal standing during the period they resided in Indonesia.
Overall, an SKCK is a key document for various transitional and legal processes for foreigners who have spent significant time in Indonesia.
Can I obtain an SKCK if I stay in Indonesia for a short time as a tourist?
The eligibility to obtain an SKCK, is often confusing for many who have visited Indonesia as tourists.
To clarify, foreigners who have stayed in Indonesia under a tourist visa are not eligible to apply for an SKCK. The Indonesian authorities have set clear guidelines in this regard.
As per the regulations, only foreigners who have held a KITAS (Temporary Stay Permit) or KITAP (Permanent Stay Permit) are eligible to apply for and obtain an SKCK. This requirement is strictly enforced by the Indonesian police. The rationale is to ensure that the applicant has had a significant and legal residence status in the country, which can be verified through their stay permits.
In the absence of a KITAS or KITAP, any application for an SKCK by a tourist will be deemed unacceptable and cannot be processed further.
What are other options for foreigners who stayed in Indonesia as tourists to obtain SKCK?
When one finds themselves ineligible for an SKCK, there are alternative strategies that can be employed, depending on the specific purpose for which they need the SKCK.
Our law firm specializes in providing customized solutions tailored to individual circumstances.
For instance, if the SKCK is required for naturalization purposes, we can assist by preparing a formal statement. This statement would be directed to the relevant authorities, explaining the reasons why you, under Indonesian law, are not eligible to obtain the SKCK. This approach provides a legal pathway to address the requirements in your application process.
But please be advised that the above is not a one-size-fits-all solution. Each case is unique, and the appropriate strategy can vary significantly based on individual circumstances and legal requirements.
Therefore, consulting with legal experts is imperative to determine the best course of action. Our team is dedicated to assessing each case on its merits and advising on the most effective and compliant approach to meet our client’s specific needs.
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END NOTE: This article is intended for informational purposes only and should not be construed as legal advice or a legal opinion. Specific cases require specific advice, and the content provided herein may not be applicable in all situations. Legal regulations and interpretations can vary widely and may change over time, necessitating consultation with legal experts. If you require specific legal advice or guidance, please contact a qualified legal professional. It is crucial to consult with legal experts before applying the information in this article to ensure compliance with current legal standards and requirements.
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