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Mixed marriage couples still face red tape

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Jakarta Post - January 12, 2011

Jakarta – Nothing was on his mind except for love when Edgar Martinez, a Philippine national, met Mercy Nababan 14 years ago. Inseparable, they decided to marry and live in Indonesia.

It took a while for them to realize that a mixed marriage was not easy, especially for those choosing to live in Indonesia. They have stumbled upon not only cultural differences, but also many issues given Edgar's nationality.

Edgar has failed to obtain the permanent resident status required to allow him to work here. "I have fulfilled all the requirements needed to get a permanent stay permit [KITAP]," he said Tuesday on the sidelines of a discussion on a draft immigration law.

Constantly failing to obtain the permit, which would allow him to stay in Indonesia for five years at a time and somewhat ease the process for acquiring a work permit, he decided to work on a cruise ship, which meant he was forced to leave his family for at least a year on each trip.

Currently, he has to apply for a temporary stay permit each year, although he is married to an Indonesian national and his children are Indonesian nationals as well.

Edgar is not the only foreign national facing difficulties in becoming a permanent resident.

Rulita Anggraini, an Indonesian married to American national Mark Winkel, said mixed marriages were a reality in Indonesia, but that there were no laws or regulations to properly address the issues of mixed marriage families.

"No protection is provided by the country for mixed marriage couples," said Rulita, who chairs PerCa Indonesia, an NGO advocating for more rights and equality for mixed marriage couples.

"The government make it difficult for mixed marriage couples who want to live in Indonesia with their families," she told The Jakarta Post.

Apart from complicated procedures, mixed marriage couples are also forced to spend a lot of money to obtain officials documents. For example, a foreign spouse is required to pay Rp 700,000 (US$77) for a temporary stay permit (KITAS) and Rp 2 million for a KITAP. However, they usually pay more for these permits, with documented cases of foreign nationals paying Rp 7 million for a KITAS and much more for a KITAP.

Any foreign spouse who fails to obtain a work permit must pay $1,200 per year into the Manpower and Transmigration Ministry's skill improvement fund.

The government, Rulita said, should show its commitment to protecting human rights, including the economic, civil and social rights of Indonesian citizens in mixed marriages.

Marilyn Adipradja of the International Rainbow Alliance, another group lobbying on behalf of mixed marriage couples, said Indonesian law made it complicated for foreigners married to Indonesian citizens to permanently reside in the country with their children.

She added that children from mixed marriages faced difficulties if they chose to be foreign citizens when adults.

"They are not even given the chance to work to make a living in Indonesia, except if they are sponsored by a large company," said Marilyn, a foreign national who has been married to an Indonesian, Mustakim Adipradja, for 40 years.

The director of stay permits and immigration status, Pramuningtyas Hadiwojoyo, said there were problems around the issuance of permanent residency papers. He said work permits for foreigners were regulated by the 2003 Manpower Law, which sets out tough requirements. (ebf)

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