Double Citizenship under the New Law: Acquiring Indonesian Citizenship for Child Born in the Mixed-Marriage
The new Indonesian citizenship law considered as landmark on citizenship. It provides for, among others, children from mixed-marriage to have dual citizenship until they reach 18 years of age or more when they have to choose one citizenship, either Indonesian or the other.
Under this new-enacted law, the child does not automatically lose his or her Indonesian status. Indonesian women are not automatically follow their husband's citizenship status and can be sponsor for their husband to turn status to Indonesian citizens.
The newly-enacted citizenship law gives children of mixed-marriages with Indonesian mothers the rights to dual citizenship until they are 18 years old. At the age of 18, they can choose whether to stay Indonesian citizens or follow their foreign father's citizenship. They will be then given additional three more years to decide on which nationality to choose.
Our Indonesian law firm has assisted many foreign clients to obtain Indonesia's dual citizenship for their children. Obtaining Indonesia's dual citizenship for your child is NOT just applying for a new passport, particularly for the child born before the new citizenship law enacted. There are certain proceedings that must be completed before your child entitle to Indonesia's dual citizenship.
The Decree of Ministry of Law and Human Rights defines child entitles to Indonesian citizenship, with the following categories:
- Child born in a legal wedlock of an Indonesian father and alien mother;
- Child born in a legal wedlock of an alien father and Indonesian mother;
- Child born out of wedlock of an alien mother acknowledged by the Indonesian father and such acknowledgement must be done before the child reaches 18 years of age or unmarried;
- Child born outside the territory of Republic of Indonesia of an Indonesian parent and given by the local citizenship laws granted such citizenship to the child. It means that the country where the child was born holds ius sanguinis principles that the citizenship of the child follows the parent;
- Child of an Indonesian citizen born out of legal wedlock, under age of 18, and unmarried legally acknowledged by the alien father;
- Child of an Indonesian parent under the age of 5 (five) legally adopted by the foreigner based on a court decree.
The eligible children must be aged below 18 years old or unmarried, otherwise they must go with normal naturalization process in order to obtain the Indonesian citizenship.
Child Born Before Aug. 01, 2006
Child born before Aug. 01, 2006 is not automatically entile to double citizenship. The citizenship of Indonesia can be obtained through registration by submitting application forms. The application to obtain Indonesian citizenship for your child must be made in writing using Bahasa Indonesia, on paper affixed with sufficient duty stamp.
The Time Frame
Although the period of time has been set in the Ministry's Decree that each application can be approved within approximately 100 days (subject to receipt of all completed application), the length of time varies from case to case according to its circumstances. It usually approved within approximately 3 (three) up to 4 (four) months.
The time it takes each district office to process the case varies. Some cases are delayed because the applicant does not follow instructions carefully or supply incomplete information. It is important to give correct addresses and telephone numbers.
Upon receipt of the Ministry's decree, you need to report in writing to local immigration office having jurisdiction over your child's residence. Also, bring your child's foreign passport and his/her stay permit.
The immigration will in turn:
- Revoke your child's stay permit;
- Upon your request, they will issue an Indonesian passport;
- Put an immigration stamp/chop in the endorsement page of your child's Indonesian passport;
- Issue an affidavit statement to obtain immigration facility, if your child possesses a foreign passport.
The registration must be made within 4 (four) year since the law enacted: August 01, 2010.
Child Born On or After August 01, 2006
The child born on or after August 01, 2006 is automatically entile to an Indonesian citizenship. You can easily register him/her at the local immigration office having jurisdiction over your child's residence and entitle to an Indonesian passport. They will put an endorsement on your child's Indonesian passport to obtain an immigration facility. In the event that your child already possess a foreign passport, the immigration office will issue an affidavit statement for you to entitle to an immigration facility.
Immigration Facility for Dual-Citizenship Child
The child with one passport (foreign passport) will no longer require to obtain a visa, stay permit, or re-entry permit. For dual passport child, he/she is obliged to use only one passport to entry and exit Indonesia.
What if You're not Married
In the event you're not married, the registration procedures for your child are still the same. It just, you have to go through particular proceedings, before you can submit your application. You need to get child's acknowledgment certificate from civil registry office, and submit the petition for legalizing the child to the local district court to get a court decree. These two documents are required for registering your child's citizenship with the local office of Department of Law and Human Rights.
Our thanks to Asep A. Wijaya, Managing Director of Wijaya & Co for sharing this information with us!
The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This information is not a substitute for the advice of an attorney and should not be construed as a solicitation. No attorney-client relationship is established by use of information found within this article nor in this website.