TEMPO.CO, Jakarta - Director General of Immigration at the Ministry of Immigration and Corrections (Imipas), Hendarsam Marantoko, stated that foreign nationals who break the law can face criminal prosecution in Indonesia.
Hendarsam addressed public inquiries that frequently surface concerning foreign lawbreakers. According to him, many question why foreign offenders are often only subjected to administrative sanctions or deported back to their home countries.
He explained that cases involving foreign nationals fall into two categories: administrative and criminal. "We cannot prosecute every case," he said during a press conference at the Ministry of Immigration and Corrections office in South Jakarta on Tuesday, July 21, 2026.
When foreign nationals commit administrative violations that do not warrant criminal prosecution, the immigration office executes Immigration Administrative Actions (TAK).
Conversely, if they commit a criminal offense, Hendarsam assured that legal action will be taken to ensure a deterrent effect. "This is also our warning to foreign nationals who have bad intentions and are committing crimes: do not assume you will be deported. We will take criminal action, detain them, and send them to prison," he said.
Fake Documents for Investor Permits
He issued the warning after ten foreign nationals were named suspects for allegedly utilizing fraudulent documents to obtain Investor Limited Stay Permit Cards (KITAS) in Indonesia.
In this case, Hendarsam noted that two sequential processes are underway. First, the suspects will go through criminal proceedings. "Once they serve their sentences and leave prison, we will deport them," he said. The Directorate General of Immigration will subsequently determine the deportation bar period for the suspects.
The ten foreign nationals comprise eight Pakistani citizens and two Iraqi nationals. The eight Pakistani suspects are identified by their initials ZU, J, L, AS, QU, FUR, HU, and JK. The two Iraqi nationals bear the initials RMA and PAH.
Head of the Tangerang Immigration Office Hasanin stated that officers apprehended all the foreign nationals during a surveillance operation at an apartment complex in Tangerang City, Banten, on November 1, 2025. According to him, the case originated from officers' growing suspicions surrounding the guarantor's legitimacy and the credibility of the foreigners' investments.
"During brief field interviews, these foreign nationals could not provide basic details regarding their guarantor company's profile or the actual execution of the investment activities claimed under their names in Indonesia," Hasanin said.
Officers subsequently suspected the foreign nationals of falsifying data and providing false information to secure visas and investor stay permits. "In reality, they maintained no actual business operations," Hasanin said.
Hasanin explained that the investigation advanced after officers retrieved investor stay permit (ITAS) application data and conducted an in-depth review. Working alongside the Investment Coordinating Board (BKPM), officers verified the deed of establishment for foreign direct investment (PMA) companies and carried out field inspections. Through this cross-examination, officers uncovered several critical facts.
According to Hasanin, immigration records proved that the ten foreign nationals were not physically present in Indonesia when the company's deed of incorporation, general meeting of shareholders (GMS) minutes, and share transfers were executed. Furthermore, their signature specimens on corporate documents did not match the official signatures recorded in the official investigation report (BAP).
Officers also audited the guarantor company's bank statements at Bank Central Asia and Bank Mandiri, finding the accounts to be invalid. Moreover, officers traced the registered addresses of the guarantor company and discovered they were entirely fictitious. "We found only a pawnshop, a Padang restaurant, an empty commercial plaza, and a virtual office with an expired lease," Hasanin said.
Hasanin added that one of the sponsorship guarantee documents, listing an Indonesian citizen with the initials KM, used a fake National Identification Number (NIK) registered under someone else's name in the Population and Civil Registration Agency (Dukcapil) database. Additionally, the suspects never deposited their capital investments, carried out no business operations, and failed to submit the mandatory Investment Activity Report (LKPM) to the government.
"Throughout this legal process, investigators seized various items of evidence, including the suspects' passports, mobile phones, investor ITAS application files, and electronic immigration clearance records," Hasanin stated.
Investigators further bolstered the case by validating bank accounts, cross-checking NIK numbers with Dukcapil, verifying foreign investment statuses with the BKPM, and gathering expert witness testimony across criminal law, notary regulations, and immigration affairs.
Hasanin noted that investigators formally launched the inquiry on March 26, 2026, and officially named the suspects on May 18, 2026. The Tangerang City District Attorney's Office declared the case file complete in mid-July 2026, prompting Tangerang Immigration to transfer the suspects and physical evidence on July 16–17, 2026.
For these offenses, the suspects are charged under Article 123 letter b of the Immigration Law in conjunction with the Criminal Code Adjustment Law, carrying a maximum penalty of five years in prison.
Amelia Rahima Sari contributed to this article.
Read: Indonesia Cuts Visa-Free Entry by 87% to Tighten Foreign Screening
Click here to get the latest news updates from Tempo on Google News
