In our previous articles, we covered how to obtain an Indonesian Police Clearance Certificate (SKCK) for foreigners and Indonesian nationals, as well as tourists in Indonesia.
We explained the importance of a foreigner's residential status (temporary KITAS or permanent KITAP) for SKCK eligibility.
This then leads us to another critical question: What about foreigners who used to be Indonesian, also known as ex-Indonesian citizens? Is it possible for them to obtain an SKCK?
This article aims to answer this question.
What is SKCK?
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).
It is also possible for an ex-Indonesian citizen to obtain SKCK, either in their status as a foreigner or as someone who was previously an Indonesian citizen.
What are the common reasons for an ex-Indonesian Citizen to need an SKCK?
An ex-Indonesian citizens 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 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 an ex-Indonesian citizen who has spent a significant period of their life in Indonesia.
What are the requirements for getting SKCK for an ex-Indonesian Citizen?
An ex-Indonesian citizen who wishes to obtain an SKCK from Indonesia could file such an application to the Indonesian Police Headquarters or Mabes Polri. Depending on the period when they are requesting such SKCK, the documents provided could be different.
If the SKCK period requested was during the time when the individual was still an Indonesian, the documents required are:
SKCK registration form;
Application letter;
Documents which prove his/her Indonesian citizenship (such as birth certificate, previous KTP, family card (KK), and passport);
Proof of the change of status into a foreign citizen;
Fingerprints documents; and
6 (six) color photographs measuring 4 x 6 with a red background.
However, if the SKCK period requested was during the time when the individual has already been a foreigner, then the required documents would be the same as those of foreigners, which are:
SKCK registration form;
Copy of Passport;
Original sponsorship application letter from the company or institution that employs, uses, or is (was) responsible for the foreign national, or from the spouse (if the foreigner stays in Indonesia for family reasons);
Copy of Temporary Stay Permit Card (KITAS) or Permanent Stay Permit Card (KITAP);
Copy of the Permit to Employ Foreign Workers (IMTA) from the Ministry of Labor or copy of marriage certificate (for foreigners who are married to Indonesian citizens);
Copy of the Police Report Card (STM);
4x6 colored passport-sized photos with a yellow background;
Fingerprint documents.
What if you do not have sufficient documents to apply for the Police Clearance in Indonesia?
In the process of applying for the Police Clearance in Indonesia, it is possible for an ex-Indonesian citizen to face challenges in procuring certain essential documents.
A common issue for ex-Indonesian citizens arises when they need a Police Certificate (SKCK) for a period before the electronic ID (e-KTP) system was implemented. Without an e-KTP, the police may not issue the SKCK.
However, there are ways to navigate these challenges. At Tampubolon Legal Solutions, we could assist you in finding alternative solutions tailored to your situation.
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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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