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Passport Waiver Template for Indonesia

A legally binding document used in Indonesia that establishes the terms and conditions under which an individual voluntarily authorizes the temporary retention of their passport by another party, typically an employer or authorized institution. This document ensures compliance with Indonesian immigration and employment regulations while protecting both the passport holder's rights and the retaining party's obligations. It includes specific provisions for passport safekeeping, access procedures, and return conditions, all structured within the framework of Indonesian law and regulations governing document retention and foreign worker management.

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What is a Passport Waiver?

The Passport Waiver document serves as a crucial legal instrument in Indonesia, particularly in contexts where temporary passport retention is necessary for administrative or regulatory compliance. This document type is commonly used in employment relationships involving foreign workers, visa processing procedures, or specific regulatory requirements where secure document retention is mandated. The waiver must strictly comply with Indonesian Immigration Law No. 6 of 2011 and related regulations, ensuring that passport retention practices are legitimate, transparent, and protective of all parties' rights. When implementing a Passport Waiver, organizations must ensure it includes comprehensive terms regarding storage security, access rights, and return procedures, while maintaining compliance with both Indonesian labor and immigration regulations.

What sections should be included in a Passport Waiver?

1. Parties: Identification of the passport holder and the receiving party (e.g., employer, agency, or institution)

2. Background: Context explaining the purpose and necessity of the passport waiver

3. Definitions: Key terms used in the document including 'Passport', 'Retention Period', 'Authorized Personnel', etc.

4. Purpose of Retention: Clear statement of the legitimate reason for passport retention

5. Duration of Retention: Specific timeframe for which the passport will be retained

6. Storage and Security: Details of how the passport will be stored and protected

7. Access Rights: Conditions under which the passport holder can access their passport

8. Return Conditions: Circumstances and process for returning the passport

9. Legal Compliance: Statement of compliance with Indonesian law regarding passport retention

10. Emergency Provisions: Procedures for accessing passport in case of emergencies

11. Signature and Declaration: Formal acknowledgment and agreement by all parties

What sections are optional to include in a Passport Waiver?

1. Employment Terms: Required when the waiver is related to employment, detailing specific work-related conditions

2. Visa Processing: Include when passport retention is for visa application or renewal purposes

3. Third Party Authorization: Required when a third party may need to handle or process the passport

4. Insurance and Liability: Optional section detailing responsibility for passport loss or damage

5. Alternative Documentation: Details of temporary identification documents provided during passport retention

6. Translation Declaration: Required when document is provided in multiple languages

7. Termination Provisions: Include when specific conditions for early termination need to be outlined

What schedules should be included in a Passport Waiver?

1. Schedule A - Document Details: Detailed information about the passport and other relevant travel documents

2. Schedule B - Authorized Personnel: List of persons authorized to handle or access the retained passport

3. Schedule C - Access Procedures: Step-by-step procedures for requesting and obtaining access to the passport

4. Appendix 1 - Contact Information: Emergency contacts and relevant authority details

5. Appendix 2 - Acknowledgment Form: Form to record each instance of temporary access or return of the passport

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Document Type

Waiver

Cost

Free to use

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