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  • Mengenal De Facto Relationship: Kualifikasi yang Harus Dipenuhi Bagi Pemohon Partner Visa Australia
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Meskipun tidak resmi tercatat menikah, individu yang menjalin hubungan dengan warga negara atau pemegang permanent residency Australia dapat mengajukan permohonan Partner Visa (Subclass 820/801 untuk permohonan onshore, atau Subclass 309/100 untuk permohonan offshore) dengan disponsori oleh pasangannya tersebut. Hubungan ini dikualifikasikan sebagai hubungan de facto atau de facto relationship.

Definisi De Facto Relationship

Pada dasarnya, de facto relationship adalah hubungan antara dua orang yang hidup bersama sebagai pasangan tanpa ikatan pernikahan yang sah menurut hukum Australia. Hubungan tersebut harus bersifat eksklusif, berkelanjutan, dan didukung oleh bukti-bukti kuat yang mencakup aspek keuangan, rumah tangga, sosial, serta komitmen.

Artinya, hubungan romantis semata tidaklah cukup. Pasangan perlu membuktikan bahwa mereka benar-benar menjalani kehidupan bersama sehari-hari. Department of Home Affairs selaku otoritas imigrasi menerapkan pendekatan ini secara konsisten dalam menilai permohonan Partner Visa.

De facto relationship umumnya harus telah terjalin selama minimal 12 bulan sebelum pengajuan. Apabila belum mencapai jangka waktu tersebut, hubungan tersebut perlu didaftarkan terlebih dahulu ke BDM (Births, Deaths, Marriages).

Kualifikasi De Facto Relationship 

Untuk membuktikan adanya de facto relationship, pemohon harus dapat membuktikan bahwa hubungan yang dijalani dengan sponsornya memenuhi kualifikasi sebagai berikut:

1. Komitmen bersama untuk menjalani hidup sebagai pasangan tanpa melibatkan pihak lain (mutual commitment to a shared life to the exclusion of all others)

Pemohon harus meyakinkan otoritas imigrasi bahwa ia dan sponsor memiliki komitmen untuk menjalani kehidupan bersama sebagai pasangan secara ekslusif, dan bahwa hubungan-hubungan sebelumnya (jika ada) telah berakhir. Apabila salah satu pihak sudah mengakhiri hubungan dengan pasangan sebelumnya, tetapi masih terikat secara hukum dalam pernikahan, de facto relationship tidak serta-merta gugur, sepanjang dapat dibuktikan bahwa hubungan sebelumnya tersebut telah berakhir secara faktual.

2. Hubungan yang tulus dan berkelanjutan (genuine and continuing relationship)

Otoritas imigrasi akan menilai pemenuhan kualifikasi ini berdasarkan empat aspek utama, yaitu:

  • Aspek Finansial (Financial Aspects):menilai sejauh mana kedua belah pihak saling mendukung secara finansial, memiliki harta bersama, atau menggabungkan keuangan mereka.
  • Sifat Rumah Tangga (Nature of the Household):melihat bagaimana para pihak menjalani kehidupan sehari-hari dan pembagian peran dalam rumah tangga.
  • Aspek Sosial (Social Aspects):menilai bagaimana hubungan tersebut diakui dan dipresentasikan dalam lingkungan sosial.
  • Sifat Komitmen (Nature of Commitment):menilai tingkat keseriusan dan keberlanjutan komitmen kedua belah pihak pihak terhadap hubungan tersebut.

Untuk penjelasan lebih lanjut mengenai aspek-aspek utama genuine relationship dalam Partner Visa, Anda dapat merujuk pada artikel berikut.

3. Tinggal bersama, atau tidak tinggal terpisah secara permanen (live together; or do not live separately on a permanent basis)

Pada umumnya, pasangan de facto relationship harus telah tinggal bersama selama setidaknya satu tahun sebelum permohonan Partner Visa diajukan. Namun, pemisahan tempat tinggal tetap dimungkinkan, sepanjang bersifat sementara dan didasarkan pada alasan yang wajar, seperti pekerjaan atau keadaan tertentu.

4. Tidak memiliki hubungan keluarga (not related by family)

Hubungan keluarga yang dimaksud mencakup keadaan di mana salah satu pihak merupakan anak (termasuk anak angkat) dari pihak lainnya, atau salah satu pihak merupakan keturunan dari pihak lainnya (termasuk apabila hubungan tersebut ditelusuri melalui orang tua angkat), atau kedua pihak memiliki orang tua yang sama, baik orang tua kandung maupun orang tua angkat.

Pentingnya Bantuan Profesional

Otoritas imigrasi menetapkan standar spesifik dan relatif ketat untuk pembuktian de facto relationship. Pemohon harus dapat menyajikan bukti yang komprehensif serta konsisten untuk menunjukkan bahwa hubungan yang dijalani memenuhi standar tersebut.

Mengingat setiap pasangan memiliki latar belakang yang berbeda, strategi pembuktian harus disusun secara cermat dan personal. Dalam hal ini, pendampingan profesional sangat dianjurkan guna meningkatkan peluang keberhasilan Anda.

Penutup

Artikel ini disusun untuk tujuan informasi umum dan tidak dimaksudkan sebagai nasihat hukum. Segera hubungi INTEGRITY Lawyers untuk pembahasan lebih lanjut mengenai strategi pengajuan Partner Visa Anda.

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Hilmy Insana P.

Graduated with a Master of State Affairs from the Faculty of Law, Gadjah Mada University, Yogyakarta in 2019. Has been in the legal administration profession since 2007. Has experience working as a personal assistant to Dr. Zainal Arifin Mochtar, S.H., LL.M (2015-2022). Previously worked as an expert at the Presidential Work Unit for Development Supervision and Control (UKP-PPP) - Ministry of State Secretariat (2011-2014). Previously served as Assistant, Special Staff to the President for Law, Human Rights and Eradicating KKN, RI Cabinet Secretariat (2009-2011) which was previously named Special Staff to the President for Legal Affairs (2008-2009).

Tareq Elven

Tareq Elven is an Associate of our associate firm in Indonesia. Tareq obtained LL.B with honours from Universitas Muhammadiyah Yogyakarta in 2019. Since joining INTEGRITY Law Firm in 2020, Tareq has handled numerous cases at the Constitutional Court of Indonesia, including Disputes over the Regional Head Election Result (PHPKADA) for the 2020 South Kalimantan Gubernatorial Election and Judicial Review (PUU) of Election Law and ITE Law. He is also worked on the team handling cases of mining, agrarian, forestry, and business disputes. During his studies, Tareq attended international courses at Istanbul University in Turkey (2016) and International Islamic University Malaysia (2017), represented Indonesia at ASEAN Youth Forum in Manila in the Philippines (2017), and received a full scholarship from the TEMASEK Foundation International to study at Singapore Polytechnic under the Learning Express programme (2018). Tareq was named the Most Outstanding Student of Kopertis V-Yogyakarta by the Indonesian Ministry of Research and Higher Education (2017).

Zamrony

ZAMRONY is a partner of our associate firm in Indonesia. He is an expert advocate of constitutional and corporate matters. He was an active participant in the country’s judicial monitoring community as the Director of Indonesian Court Monitoring. He was an assistant of the President’s special advisor of law, human rights and corruption eradication; an assistant of the Legal Mafia Eradication Task Force and an assistant of the Deputy Minister of Justice and Human Rights; and a member of the Legal Aid Working Group for the Poor at the Ministry of Justice and Human Rights.

Wigati Partosedono

WIGATI PARTOSEDONO is a partner of our associate firm in Indonesia. She begans her career in an oil company. She was responsible for handling the shipment of crude oil and LPG products, as well as the preparation of various contracts. Prior to that, she worked for an export and import company. Since 1994, she has worked in several law firms as an advocate and is entrusted to handle corporate matters.

Harimuddin

HARIMUDDIN is a partner of our associate firm in Indonesia. He has been an advocate since 2000. He began his career in the government as an assistant of the President’s Special Advisor of law, human rights, and corruption eradication, the Head of the Public Complaints Division at the Legal Mafia Eradication Task Force, assistant of the REDD+ Task Force, and the Assistant Chief of the Presidential Working Unit for the Supervision and Management of Development (UKP4). Currently, he is a consultant in the Task Force of Illegal Fishing Eradication.

Tedy Indrajaya

TEDY INDRAJAYA is a partner of our associate firm in Indonesia. He is an experienced banker who previously worked as a Corporate Account Manager in a national banking institution. He is the expert of financing and funding products in banking. Currently, Tedy is a commissioner to a private company and the President Director of other companies. With such work experiences, Tedy is responsible in handling various business and investment issues, including licensing and employment issues.

M. Raziv Barokah

Raziv is a Senior Associate of our associate firm in Indonesia. Earned his bachelor’s degree from the Faculty of Sharia and Law, Islamic State University Jakarta in 2016 and master’s program at the Faculty of Law University of Indonesia in 2022. His area of expertise specializes in administrative law and constitutional law. He started his career as a Junior Researcher at SETARA Institute. He has also been involved in the commercial law sector as a Junior Lawyer at SSAP Law Firm and Legal Officer at PT SCG Readymix Indonesia. He then became an Expert Staff at Commission III of the House of Representative of the Republic of Indonesia (DPR RI) prior to joining INTEGRITY. During his time in college, he was the Vice President of Law of the Student Executive Board and the Chairman of the Moot Court Community who helped mold his alma mater into one of the most prominent teams in the national law debate hemisphere. He himself has succeeded in winning a number of prestigious national law competitions such as the runner up in the Business Law Competition organized by University of Indonesia; the winner of Padjadjaran Law Fair National Law Debate; the winner of Komisi Informasi Pusat Republik Indonesia National Debate; the winner of the Regional and National Constitutional Debates of the Constitutional Court of the Republic of Indonesia.Raziv is a Senior Associate of our associate firm in Indonesia. Earned his bachelor’s degree from the Faculty of Sharia and Law, Islamic State University Jakarta in 2016 and master’s program at the Faculty of Law University of Indonesia in 2022. His area of expertise specializes in administrative law and constitutional law. He started his career as a Junior Researcher at SETARA Institute. He has also been involved in the commercial law sector as a Junior Lawyer at SSAP Law Firm and Legal Officer at PT SCG Readymix Indonesia. He then became an Expert Staff at Commission III of the House of Representative of the Republic of Indonesia (DPR RI) prior to joining INTEGRITY. During his time in college, he was the Vice President of Law of the Student Executive Board and the Chairman of the Moot Court Community who helped mold his alma mater into one of the most prominent teams in the national law debate hemisphere. He himself has succeeded in winning a number of prestigious national law competitions such as the runner up in the Business Law Competition organized by University of Indonesia; the winner of Padjadjaran Law Fair National Law Debate; the winner of Komisi Informasi Pusat Republik Indonesia National Debate; the winner of the Regional and National Constitutional Debates of the Constitutional Court of the Republic of Indonesia.

M. Rizki Ramadhan

M. Rizki Ramadhan is an Associate of our associate firm in Indonesia. Earned his law degree in 2018 from Syarif Hidayatullah Islamic State University Jakarta. Active in various internal student organizations and often participated in national moot court competitions. The winner of the Chief Justice Trophy of the Constitutional Court Constitutional Moot Court Competition in 2017, he was also the 7th Best Expert in the individual category and earned the Top 4 Applications Award in the team category. Prior to joining INTEGRITY, he had cultivated a vast legal experience from several law firms in the Greater Jakarta area and he was involved in several corporate agreements and litigations on behalf of several renowned company, one of which is a state-owned company (BUMN).

Wafdah Z. Yuniarsyah

Wafdah Z. Yuniarsyah is an Associate of our associate firm in Indonesia. Earned her master’s degree from Gadjah Mada University with a concentration in state law (2017). Was appointed Widyaiswara Madya Assistant at the Social Justice Education and Training Center of the Republic of Indonesia in charge of laws and regulations in the field of social justice (2013-2014). Conducted a research regarding the Functional Overlaps of the Directorate General of Law and Regulations and the National Legal Development Body in the Synchronization and Harmonization of Laws and Regulations (2015). Participated in the research on the implementation of penalties in the Regional Ordinance of the Special Region of Yogyakarta on the Administrative Penalty of Penalty Payment (2016).

Muhtadin

Muhtadin is an Associate of our associate firm in Indonesia. He graduated from the Faculty of Law of Bung Karno University (2017). Was enrolled in the corporate crime in the forestry sector training held by the Corruption Eradication Commission (KPK). He was also enrolled in the Prevention against Corruption training held by the Ministry of Environment and Forestry. Previously worked for a goods and service company at PT Korusindo Development Jointventure. He had also worked as a supervisor at a hotel in Jakarta.

Musthakim Alghosyaly

Musthakim Alghosyaly is an Associate of our associate firm in Indonesia. Thakim earned LL.B in 2019 from Universitas Hasanuddin, Makassar. During his study, he was actively involved in the student anti-corruption campaign and served as the Head of the University’s Garda Tipikor Fakultas Hukum community (2016-2017). He won first place in the Legislative Drafting Competition “Fisheries Bill” at Universitas Indonesia, the finalist in a similar competition at Universitas Brawijaya (2017) and Universitas Islam Indonesia (2018). In 2018, he was assigned as an assistant to BPKP RI-Universitas Hasanuddin joint programme to conduct a research of State Accountability Revitalisation in Papua Province and was a participant of Karya Latihan Bantuan Hukum (KALABAHU) LBH Makassar. Before joining INTEGRITY Law Firm, Thakim served as a research staff to Legal Aid Centre under PERADI Makassar (2019).

Caisa Aamuliadiga

Caisa Aamuliadiga or friendly known as Diga, is an Associate of our associate firm in Indonesia. Earned his Bachelor of Law from Universitas Andalas in 2016 and Master of Law from Universitas Indonesia in 2021. While in school, Diga co-founded Debate and Legal Research Communities, served as the President of Faculty of Law’s Student Executive Body, and actively participated in numerous university-level legal drafting competitions across Indonesia. His Master’s Thesis discusses the intersection of intellectual property law with business competition law. Prior to joining INTEGRITY Law Firm, Diga worked as an investigator at the Deputy for Law Enforcement, Commission on Business Competition Supervisory (KPPU). At KPPU, he was involved in a team handling several important cases, such as the case of Price-fixing cartels on domestic flight routes tickets, tender conspiracy (bid-rigging) in several road constructions in East Java, Surabaya-Ambon freight containers route fixing price cartels, Netflix block by telecommunication companies, and many more. Diga has also analyzed the phenomenon of concurrent position in a number of State-Owned Enterprises and its subsidiaries while at KPPU.

Raihan Azzahra

Works as an Associate at INTEGRITY Law Firm. She graduated from Universitas Gadjah Mada (2020) with a Bachelor of Laws and from International Islamic University Malaysia (2022) with a Master of Comparative Laws. Her interest is in research and writing focused on constitutional, international, and comparative law. She has attended some international conferences to present her papers. Since working at INTEGRITY, she has been involved in various cases, mostly in Australian civil and immigration law cases.

Anjas Rinaldi Siregar

Anjas Rinaldi Siregar is an Associate of our associate firm in Indonesia. He graduated from Universitas Islam Negeri Syarif Hidayatullah Jakarta with an LL.B (2021). Throughout his studies, he was an active student in both internal and external organisations. In 2020, he was appointed Head of the Moot Court Community in the University (MCC) and was successful in bringing MCC to the top of the league, winning several competitions such as law debate, scientific paper, and moot court. He himself won the National Moot Criminal Court Competition, the Supreme Court’s National Mediation Competition, and represented his alma mater as a delegate to the Constitutional Moot Court Competition hosted by the Indonesian Constitutional Court. Anjas received a student award for his accomplishment. Since joining INTEGRITY, he has worked on teams dealing with Presidential Threshold judicial reviews at the Constitutional Court, cases of lawsuits against the authorities (OOD), corporate maladministration, mining/palm oil administration disputes, a conspiracy of private companies in the seizure of state-owned land, and the handling of a fraud case in the civil servant test.

Musyarofah Noor R.

Musyarofah Noor R. is an employee of our associate firm in Indonesia. She was a staff to the Deputy Minister of Law and Human Rights (2011-2014). She also aided the Public Complaints Division at the Legal Mafia Eradication Task Force Assistance Team (2010-2012). Assistant to the Special Staff of Law, Human Rights, and Corruption Eradication to the President (2010-2011). Experienced in legal research, especially in the field of private law and environmental law.

Gusti Ika Purnama Sari

Gusti Ika Purnama Sari is an employee of our associate firm in Indonesia. Gusti Ika graduated from Universitas Gadjah Mada and was a former Presidential Staffer for Law, Human Rights, and Corruption in the Office of Presidential Staff. Furthermore, Gusti Ika was involved in Court Mafia Eradication Task Force as an Assistance Team and served as a Staff to Deputy Minister of Law and Human Rights of the Republic of Indonesia (2011 – 2014). Currently, Gusti Ika is a Legal Administrator at INTEGRITY Law Firm Indonesia.

Amella Lismarina

Amella Lismarina is a graduate of Universitas Gadjah Mada. Before joining INTEGRITY, she worked on a joint-operational project of PT Hutama Karya – PT Bumi Karsa in the Engineering Division between 2008 – 2011. She has supported the Presidential Staff for Judicial Mafia Eradication and the Presidential Staff for Law, Human Rights, and Anticorruption in the presidential office. In addition, she also worked as a staff of the Deputy Minister of Law and Human Rights from 2011 to 2013.

Sutrisno

Sutrisno is a law student in his final year at Universitas Terbuka in Indonesia. Since joining INTEGRITY in 2019 as a paralegal, he has been assisting lawyers with both litigation and non-litigation cases. Some of notable cases he has handled are 2019 presidential and 2020 South Kalimantan gubernatorial election dispute settlements at the Constitutional Court of Indonesia. Having industrious and labourioius traits has made Trisno a someone to count on in handling various cases. He will always be in the first row of queue to assist at the firm.

Prof. Dr. Denny Indrayana

Professor Denny Indrayana is the founder and Senior Partner of INTEGRITY Law Firm in Jakarta, Indonesia and INTEGRITY Lawyers in Melbourne, Australia. With 600 publications and practicing offices in two countries, Mr. Indrayana’s international reach can be attributed to more than 20 years of his legal experience, his background in studying and lecturing in renowned international universities (Indonesia, Australia and the USA) and his campaigns where he was subsequently appointed to work directly with the President of Indonesia.

Professor Indrayana obtained his Bachelor's degree in 1995 from Universitas Gadjah Mada and his Master's degree in 1997 from the University of Minnesota in the United States. In 2005, he received his PhD from the Melbourne University Law School. In 2010, he returned to Universitas Gadjah Mada to obtain the title of Professor in Constitutional Law. Between 2016 and 2019, he lectured at Melbourne University as a visiting professor and was appointed Associate Director of the Centre for Indonesia Law, Islam, and Society (CILIS) at the Faculty of Law.

Over the course of his career, Professor Indrayana actively campaigned against judicial mafia and corruption. Between 2008 and 2014, he served as a high-level public official from a President's Yudhoyono Special Advisor for Law, Human Rights and Anti-Corruption to the cabinet serving as a Deputy Minister for Justice and Human Rights. For his service and dedication to the law enforcement and anticorruption campaign in the country, he was awarded by the President the high honour of the Mahaputra Utama Star (equivalent to Officer of the Order of Australia) in 2014.

Varis Haydar Rosyidin

Varis Haydar Rosyidin, an international relations major who graduated from Monash University, Australia in 2022, has worked in a variety of disciplines and has developed a wide range of skills. Varis has demonstrated a wide range of abilities in communicating with public personalities and executives. He has also developed excellent ties, which has given INTEGRITY Lawyers the advantage of working with a wide network and potential future partnerships. His capacity to carry out exhaustive analytical study by navigating through raw data and reports gives him the confidence to carry out thorough research and segment pertinent facts. We are pleased to announce Varis as our INTEGRITY Lawyers Paralegal.

Varras Putri Haniva

Varras Putri Haniva is a Monash University Graduate, with a Bachelor of Business majoring in marketing and finance. Varras has accumulated plenty of financing experience ranging from managing the financial of a small business, to managing the financial of a large scale political campaign. Her organisation skills have helped her finish tasks in a timely and effective manner. Varras’ book keeping abilities has allowed INTEGRITY Lawyers to stay organised and up to date with the firm’s financial responsibilities. With her marketing background, she has also assisted in the development of the marketing strategies for the firm. We are pleased to announce Varras as INTEGRITY Lawyers’ Financial Administrator.

Alif Fachrul Rachman

Completed undergraduate studies from the Faculty of Sharia and Law at UIN Syarif Hidayatullah Jakarta. Based on his experience as a student, he was recorded as having won several championships in legal competitions, such as 2nd place in the Legal Debate Competition at UIN Jakarta Law Week (2019), Semifinalist in the Pancasila Debate Competition (2019), Participant in the Padjadjaran Law Fair Legal Debate Competition (2020), Semifinalist in the Competition Diponegoro Law Fair Legal Debate (2020), and 1st Place in the INTEGRITY Scholarship I National Legal Debate Competition (2021). Apart from actively participating in legal debate championships, Alif is also active in writing various legal scientific articles and journals. At least, there are several articles and publications that have been published in national media. At the beginning of 2022, the person concerned was declared to have passed the selection to take part in the National Election Governance Conference held by the General Election Commission of the Republic of Indonesia (KPU RI). Started his career as a young researcher at the National Constitution and Legislation Study Center (Poskolegnas) UIN Syarif Hidayatullah Jakarta in the student KKN program. Now, the person concerned is an Associate at Indrayana Centre For Government, Constitution, and Society (INTEGRITY) Law Firm. Since joining INTEGRITY, Alif has been active in various legal cases (litigation), such as TUN lawsuits at the Administrative Court, Material and Formal Tests at the Supreme Court and Constitutional Court, Pre-Trial at the District Court, and various other legal issues related to State Administrative Law. Constitutional Law, and Criminal Law.