What is an Indonesian Police Clearance Certificate (SKCK)?
The Indonesian Police Clearance Certificate, commonly known as SKCK (Surat Keterangan Catatan Kepolisian), is an official document issued by the Indonesian National Police. It certifies whether an individual, based on a thorough background check and police records, has a criminal record in Indonesia.
This certificate applies to: Indonesian citizens, ex-Indonesian, and foreign nationals residing or staying in Indonesia.
Why does someone need an Indonesian Police Clearance Certificate (SKCK)?
Obtaining an SKCK can be a mandatory requirement for various reasons. The purpose may differ based on whether the applicant is an Indonesian citizen or a foreigner.
For Indonesians, an SKCK is often required for:
Employment-related purposes, such as: applying for a job in a certain company or applying for a position as a civil servant;
Government and local administration, such as: candidacy for village head or public office, or requirements for firearm ownership permits outside of TNI and Polri membership;
International travel and migration purposes, such as: obtaining a passport and/or visa, working abroad, or obtaining permanent residency in another country.
Academic reasons, such as to continue education at the university;
Professional certifications, such as becoming: a notary, a lawyer, or a judge.
Meanwhile, for foreign nationals or ex-Indonesian, an SKCK might be needed when:
In the process of naturalization, whether in Indonesia or another country; or
Adopting a child.
Why is an SKCK Required for Naturalization?
Security and Background Check
The Indonesian Police Clearance Certificate (SKCK) is a key requirement for naturalization because it forms part of a comprehensive security and background check. This step is essential in the immigration process to verify that an applicant does not have a criminal record or history that could threaten the safety and security of the host country. Such checks are a standard procedure to ensure that new citizens contribute positively to society.
International Legal Compliance
Requiring a Police Clearance Certificate (SKCK) is also about complying with international legal standards for residency and naturalization applications. Many countries adopt stringent criteria to thoroughly evaluate the backgrounds of applicants, aligning with global practices designed to ensure lawful and safe migration. By adhering to these standards, countries foster trust and cooperation in managing migration, maintaining public security, and protecting national interests.
Which Countries Require an Indonesian Police Clearance Certificate (SKCK) for Naturalization?
The demand for an Indonesian Police Clearance Certificate (SKCK) has grown worldwide for individuals seeking naturalization. This requirement is particularly relevant for those who have lived in Indonesia for a significant period, typically in the past 10 years. The SKCK serves as a critical part of the immigration process, confirming that the applicant has no criminal record.
Countries require an SKCK to prevent individuals with a history of criminal behavior from acquiring citizenship. This step is taken to protect local citizens and maintain public safety.
Some countries that mandate the submission of an SKCK for naturalization include:
Canada
United States
New Zealand
Australia
Several European countries, such as France, Germany, and Spain.
Am I Eligible to Obtain SKCK?
In principle, the Indonesian Police Clearance Certificate (SKCK) can be obtained by all Indonesian citizens. However, foreigners residing in Indonesia, or those who have resided in Indonesia, can also apply for an SKCK if they possess either a temporary stay permit (KITAS) or a permanent stay permit (KITAP).
You are eligible to obtain an SKCK if you are:
An Indonesian citizen;
A foreign national who holds or previously held a KITAS or KITAP in Indonesia.
It's important to note that foreign nationals who stayed in Indonesia using a short-term visa (e.g., tourist visa, visa on arrival) are not eligible to apply for an SKCK.
How to Obtain SKCK?
Foreign nationals seeking to obtain an Indonesian Police Clearance Certificate (SKCK) must provide the following documents::
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 (if the foreigners were working in Indonesia) or copy of marriage certificate (for foreigners who are married to Indonesian citizens).
4x6 colored passport-sized photos with a yellow background.
Fingerprint documents.
How long is the validity of an Indonesian Police Clearance Certificate (SKCK)?
An Indonesian Police Clearance Certificate (SKCK) is valid for six months. However, the certificate may expire sooner if, within that period, the applicant commits a criminal offense or if the police uncover a suspected criminal action involving the applicant.
What are the Common Reasons for Not Being Eligible to Obtain SKCK?
One of the most common reasons to be ineligible to obtain Indonesian Police Clearance (SKCI) is the lack of documents required.
For example, the absence of KITAS/KITAP, which is the main document required to obtain an SKCK, because the relevant individual was in Indonesia using a short-term stay visa such as Tourist Visa.
Another example is the requirement to acquire a sponsorship letter from a previous employer, especially if the company has ceased operations, the employment concluded on unfavorable terms, or the company is hesitant to provide such documentation due to potential risks.
What if I am not Eligible to Obtain SKCK?
If you are ineligible to obtain an SKCK, there are alternative strategies available, depending on the specific reason for the SKCK requirement.
Our law firm specializes in customized solutions tailored to individual circumstances. For example, if a police clearance from Indonesia is required for naturalization, we can assist by preparing a formal statement addressed to the relevant authorities. This statement would explain why, under Indonesian law, you are not eligible to obtain an SKCK. This approach offers a legal pathway to fulfill the requirements of your application.
However, it is essential to understand that this is not a one-size-fits-all solution. Each case is unique, and the appropriate strategy will vary based on individual circumstances and legal requirements.
Consulting with legal experts is crucial to determining the best course of action. Our team is dedicated to evaluating each case on its merits and providing the most effective, compliant strategy to meet our client's specific needs.
Can I get an SKCK Rejection Letter (Surat Penolakan SKCK) in case I am not Eligible to Obtain SKCK?
Previously, the Indonesian Police Headquarters issued a document known as the SKCK Rejection Letter (Surat Penolakan SKCK) when an ineligible person applied for police clearance. However, as of 2024, the Indonesian Police no longer issue this document.
When the Indonesian Police receive an SKCK application from an ineligible applicant (e.g., a foreign national on a tourist or social visa), they typically do not process the application and will not issue any formal explanation or document.
In these cases, we recommend obtaining an affidavit from a legal expert. This affidavit can explain, under Indonesian law, why the applicant is not eligible for an SKCK, providing a formal alternative to the rejection letter.
*****
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.
*****
