Citizenship Law

Oct 4th, 2006, in News, by

The implementation of the new citizenship law seems to be progressing with unusual swiftness.

The new law, UU Kewarganegaraan, touted as a "revolutionary" change in the way that the state views citizenship and nationality, was passed by the parliament on July 11th and the affected government departments were at that time given nine months to prepare the necessary regulations and forms to allow it to be implemented.

On 29th September it was reported that the minister for Law & Human Rights, Hamid Awaluddin, had the previous week just completed two ministerial edicts concerning the new rules for citizenship. The first decree was concerned with the status of children of mixed marriages, marriages where one party was Indonesian and the other foreign. Such children will now receive Indonesian citizenship automatically, whereas in the past this was only possible where the father was Indonesian. Had the children been born to a foreign man and an Indonesian women they were previously regarded as aliens, and needed visas to live in the country of their birth.

The second decree issued by the minister lays out the details, including relevant forms and paperwork, for Indonesians abroad who have lost their citizenship because they did not report themselves to an Indonesian diplomatic mission for five years, to regain their original citizenship. Such people will now have three years in which to re-apply for it.

A further two decrees need to be issued in order for the law to come fully into effect.


127 Comments on “Citizenship Law”

  1. avatar John says:

    My husband is American (I am Indonesian) and we have two children ages 7 and 12. Our family has always lived in Indonesia. My husband, who is very educated and compitent always has trouble working in Indonesia because he cannot get Indonesian citizenship. This is after more than 15 years of living continuously in Indonesia. If you think that Indonesia is going to be easy to live in- open your walet and learn.

  2. avatar Mano says:

    Hi..

    Am a Indian guy, am love to Jakarta girl in Indonesia, we plan marry on 2010.
    After married I want Indonesian Citizenship, then she is Muslim and am Hindu how is possible Indonesian Citizenship? Please help me anyone.

  3. avatar MTB says:

    How can I get dual American and Indonesian citizenship without the Indonesian government knowing? I heard it’s possible but I don’t know how.

  4. avatar Gada says:

    MTB … If you are American origin, it would be difficult because they will asking you to surrender your American citizenship, but if you are an Indonesian origin, you can get American citizen and just keep silent …. (USA allows more than 1 citizenship, but not Indonesia) …

  5. avatar Hida says:

    Hello friends,
    my name is hidayati, indonesian national, I married with pakistani and now I want that he become national of indonesia I need help and suggestions because its very difficult for pakistan national to get the visa for indonesia (long process) and m sick of extention, for that we must go Surabaya-Malang-Jakarta then again Surabaya then Malang. I m really sick of it it takes more than 20 days for extention and also alot of money for approving the application. I need help pls tell me that how I change my husband nationality to indonesian ?? Thanks and hope I will get some good information.

    Regards,
    Hida

  6. avatar Richard says:

    Unfortunately the Indonesia government is too short sighted to address the issue of dual citizenship. I am an Australia with and Indonesian wife and despite being married for 6 years with 2 beautiful daughters I have to enter Indonesia on a temp visa – if I stay a little longer – then its the social budaya visa.

    I have heard some small minded Indonesians say that other countries make it hard when they go overseas but that in fact is wrong. My wife got her PR within 2 weeks – the Australian government recognised that we lived together in Singapore and Malaysia and so we didnt need to go through any hassles. My sister in law has her PR application just through – we welcome outsiders and we prosper. Oh I know the Indo press loves a Pauline Hanson story – but the reality is that Indonesia is overtly unwelcoming of outsiders.

  7. avatar Rusdi says:

    Indonesian Government only allow Single Citizenship to everyone and especially those who hold the presidency position. Not only the individual must be an Indonesian citizen but also must be a indigenous (what ever that means). Except Mr. Habibi who became president with a German Citizen as well, apparently he holds Two citizienship of Indonesia and Germany, who now resides in Germany.

  8. avatar sansan says:

    Dear Guy..

    My bf is indian.. we loved each other and planning to marry this year. But now the problem is what the procedure to married with indian guy and what document should we submit.

    Possible or not to marry in indonesia. Coz my family wants me to marry in here.
    Plzz help me and give me the solution

    Regard
    Sansan

  9. avatar dede flaherty says:

    Hi, I’m indonesian woman married to a british, we have 2 children and they both are british passport holder. To live here they are using KITAS sponsored by mother, we are planning to get a dual nationality for the kids, and I was offered aroud 7-8 million rupiah for one kid. Does anyone know how much exactly it costs for getting children dual nationality exactly? because we think that we are being ripped of by that agent, thanks,

  10. avatar Richard says:

    Dede – I am based in Aus now and it cost about $200 Aussie for me to make both kids Indo citizens. In a typical Indo way someone is trying to rob you – always with a smile but rob you nonetheless. It is better if you can to register overseas because their embassy staff must obey the rules – not much scope for corruption.

  11. avatar Glenn Wong says:

    Hi all,

    I would like to enquire. If i was previously Indonesian and i have surrended my indonesian citizenship and became canadian.

    In the future, will i have a chance to become indonesian back?

    Thank you for answering my query.

    Best Wishes,
    Glenn Wong

  12. avatar Butterfly says:

    HI ,

    I’m a malaysian female and marrying an indonesian guy from Bandung (which we meet in beautiful Bali) in 2 years time (2010). I guess we will be staying in Bandung after marriage. So which mean I need to get the Indonedian citizenship rite? But I still want to keep my Malaysian citizenship since being a Malaysian, there’s a lots of benefits. Our goverment do helps a lot. So we have come to an agreement that if I’m pregnant, I will deliver all of my babies in Malayisa so dat they will enjoy the malaysian benefits in future for their studies, eyc. I have talk to one of the indonesian students, they said that there’s a lots of malaysian who have 2 citizenship in Indonesia. You just have to go to their immigrant office and just claim that you have drop your malaysian citizenship. Tey will not probe further, and they will not req for any legal document and ect. It’s just that you need to pay them money for all of that…but is it true it can be done this easy?

    Thank you in advance.

  13. avatar Odinius says:

    @Butterfly:

    Check to see what Malaysia says about dual citizenship. I think Indonesia now allows it for children, but not adults.

  14. avatar Kari says:

    I want to become a citizen for religous reasons, I am right now American. Is there an age limit on becoming an Indonesian citizen?

  15. avatar Anita says:

    Halo,
    I’m indonesian and my husband is austrian and we have 1 son, base on the new UU about citizenship what I want to ask here is in indonesia now we can make 2 citizenship (only for the children before 18 with the father or mother is foreign) but in austria they allow it or not if I want to register my son to have an Indonesian citizenship I just don’t want my son to loose his austrian citizenship, because now he is Austrian citizenship who is living in indonesian (with all of the documents for sure).

    Please inform me.

  16. avatar Kyle says:

    Hello All –

    My question is this: My father is from Manado and came here to the USA in 1962 for college and play soccer…. sorry… football. My mother is American. I understand that Indonesia doesn’t allow dual citizenship, I bleieve my father ha dto give his up to obtain American citizenship.

    But I’m curious to know if I’m allowed under a grandfather clause to apply for Indonesian citizenship? I know that some countries allow you two if you can trace ancestry up to two generations.

    Just curious.

  17. avatar chona says:

    Hi, I was just curious about being an Indonesian citizen.I’m married with an INDONESIAN NATIONALITY and I’m a Filipino, I was born my son here and automatically he is an Indonesian. But the question is it is said according to the law that before you become an Indonesian Citizen you must stay in Indonesia for five years holding a visa/Kitas. But when you become an Indonesian Citizen they will change your passport and can stay to Indonesia forever. But the thing is how about if I will go back to Philippine meaning I cannot stay there any longer than 1 month coz I’m a tourist already.Is that what you mean? What I mean cannot make my passport as dual citizenship that i can stay in Indonesia and Philippine whenever I want?

    Another question is for five years waiting for my citizenship, just staying in house taking care of my baby and do some households. I want to help my husband paying for everything but how? Nobody can provide me a working visa coz it is said that is expensive paying my visa. That visa is really important to me coz I want to stay here with my husband and son. Is there an easy way to work legal here in Indonesia? Please do some help with this problem.

  18. avatar dragonwall says:

    What I know of is that if the translating term is correct then the word ‘KITAS’ actually meant Keterangan Izin Tinggal orang Asing Sementara that is Temporary Residence for Foreigners.

    You should have extended your ‘KITAS’ then convert after 5 years into ‘KITAP’ that is Permanent Residence for Foreigners.

    Get a travel bureau, they should be able to help you. Of course cost is of ulterior importance.

  19. avatar dragonwall says:

    Dual citizenship in Indonesia is quite impossible unlike Taiwan.

    Howard, have the page from Indonesian then click onto the translate it will turn out into english.

    Like above you need to go through the process of KITAS and KITAP before getting one, I suppose.

    As for babies born abroad, why not try this. In you application you should state that the child is born abroad to an Indonesian parentage. It does help. Otherwise if that country does not accept the child born in that country then he/she will become stateless.

    Come on Raden, everyone has their right to choose and domicilem, so don’t start scaring everyone away.

  20. avatar Khristina says:

    Can a non Indonesian, non Muslim woman, marry an Indonesian man who is in the military? If so, is it a MUST that she converts to Islam?

  21. avatar Purba Negoro says:

    This page of ridiculous anecdote is misleading and full of half truth and full invention.

    Like the United States- Indonesia takes the view that one’s passport is identical with their patriotic allegiance.

    Indonesian Law states that one may become a Citizen if one PROVES their loyalty and acculturation to Indonesia.
    Loyalty- is rarely ever fulfilled by many foreigners and as a very seldom broken rule never by the Chinese ethnicity- having a long exhaustively documented (and corroborated by 3rd external parties) of collusion, collaboration and sabotage of the Republic.

    A notable exception of loyal foreigners was the Dutch Indonesian Revolutionary guerrilla and veteran against the Nazi- Prince Poncken.

    The major problem with all Indonesian Immigration Applicants is that whether they are Chinese, Indonesian or Foreigner- their papers must be fully correct, legal, legitimate, verifiable and authorised

    Additional fees are standard operating bureaucratic procedure around the world for complexities arising from individuate applicant documentation, applicant ignorance or applicant unsatisfactory evaluation subject to universal criteria.

    The Chinese primarily due to disloyalty to Indonesia, recalcitrance or reluctance to expend published fees have illegitimate or marginally accurate paperwork.

    Chinese problems arise as they have INVALID, ILLEGAL or FORGED documents- caused by infamous “Chinese Way wan” of bribing their way through life to smooth the path rather than follow the inconvenience of Law or procedure.

    Chinese are infamous for heeding their own ignorant rumour, hearsay and gossip for legal advice and hence pay the consequence of their OWN POOR CHOICES and IGNORANCE if not outright CONTEMPT for easily accessible LAW.

    Now- most Chinese have few documents are at all VALID under LAW due to THEIR OWN FAULT- be it IGNORANCE or BRIBERY for ILLEGAL DOCUMENTATION

    IF Chinese CHOSE to OBEY THE LAW- they would never have any problem.

    Bribery exists only when there is a CAUSE- it must have this Reason (leverage against) to Coerce the “Bribee”.

    The one being Bribed CHOOSES to pay the bribe to avoid the resultant Punishment owing due to THEIR ACTIONS and CHOICES

    Example:
    In the case of Bule in Bali- usually he is caught with small amount of cannabis.
    Cause- illegal possession of class drug- police can now use this as leverage
    Result- Bule CHOOSES the path of bribing to avoid jail

    According to the Departemen Imigrasi:
    General Eligibility for Citizenships are

    1. Applicant must LEGALLY married to an Indonesian citizen;
    2. At the time of forwarding the application, the applicant has resided in Indonesian territory for at least 5 (five) consecutive years or at least 10 (ten) years non-continuously. This is prerequisite to the citizenship application;
    3. The Indonesian citizenship will NOT caused double citizenship.

    It can be easily seen Chinese regularly do not fit all 3 criteria- especially with regard to 1 and 3.

    Information regarding Documents and Procedure for Citizenship are widely available.

    These include:
    VALID Passport
    VALID KITAS (Temporary Stay Permit) card
    VALID Birth Certificate: both VALID Surat Keterangan (Tanda) Lahir [SKL] and Akte Lahir
    VALID Kartu Tanda Penduduk [KTP]
    VALID Marriage certificate (and any divorce and/or death certificate): [KAP: Kutipan Akte Perkawinan]
    KAP certificate (or Buku Nikah – for Muslim [marriage booklet]).

    VALID Kartu Keluarga ([KK]: family registration card)

    a KTP alone requires:
    a VALID STK
    and REGISTRATION of Birth within 14 days at the Immigration Office (neglected by most Chinese- how then is the State supposed to cater for these unwilling to obey the Procedure and Law)

    BUT
    STK- requires the valid KTP of BOTH Parents
    and valid KAP
    and valid KK
    valid KITAS in the case of foreigner’s valid Exit and Re-entry Visa for child (often neglected by Chinese due to IGNORANCE, STINGINESS (do not want to pay published fixed fees) or CONTEMPT for PROCEDURE)

    Traitors, Debtor’s, bankruptors, criminals and other such undesirable have a black mark against the KTP registrant.
    Instead of legally clearing their name- Chinese CHOOSE to BUY a new illegal KTP- consciously and willingly circumventing and subverting the law.

    The Law states that providing false or misleading documentation for a KTP is a serious crime- yet Chinese willingly routinely indulge in this well-known and published criminal activity.

    Furthermore- KTP is INVALID if the nation of the Parent is NOT recognised by the State- for example Taiwan.
    In this case there is Published Procedure to rectify the problem- but as usual Chinese do not want to obey the law and follow direct procedure.

    Additionally, Chinese self-created problems are further compounded as:
    the STK of the parents’ parents is often VOID, OUT OF DATE or ILLEGAL
    they lack a KAP
    and their KK is of poor quality- assuming it is LEGAL:
    listing them as ENEMY of STATE, ILLEGAL ALIEN, BANKRUPTOR or even COMMUNIST

    Furthermore- to be considered for Immigration- the Nation of Origin must not fit Blacklisted nations [Africa, Eastern Europe, China and many others] as procedure will take much longer (exactly like anywhere else in the world) to ascertain documents provided are not forgeries, fakes or the person is a WANTED FUGITIVE CRIMINAL.
    It is not the Department of Immigrations’ job to adjudicate or referee the validity, morality or even justification of the status of the Criminal – it merely follows set and universal procedure

    If you Obey the Law- no problems- Americans, Australians Britons, Dutch, Russians, Koreans and Japanese seem to have no trouble.

    Why?
    Simple:
    ETHNIC CHINESE DISLOYALTY AND CONTEMPT FOR THE INDONESIAN STATE AND ITS’ LAWS
    and/or CHINESE CRIMINALITY INCLUDING CURRENT CHARGES OF LARSONY, FRAUD AND BANKRUPTCY

    And no Dragonwall-
    no one has the ‘right’ to another man’s home. You only have the right to your own.

    If home is crappy maybe Hokkien and Fujian man should put up and make do or actually help fix it instead of running away.

  22. avatar dragonwall says:

    By saying

    no one has the ‘right’ to another man’s home. You only have the right to your own.

    Yeah not your home, for sure! Is that your Indonesia? Then why is there Immigration Law?

    Like what you commented

    If home is crappy maybe Hokkien and Fujian man should put up and make do or actually help fix it instead of running away

    How many ran away? of the approximate 5% from 250 million?

    Right I forgot you guys have several proxy with wikipedia to help out in your statistics.

    SEE THE DETESTATION, DISCRIMINATION AND HATRED HE POSSESS?

    But how many percent? No wonder you said dogs born in a barn don”t make a horse.

    So if a born Indonesian Chinese needs to have all these papers like what you said?

  23. avatar cathy says:

    Actually getting Indonesian citizenship or permanet visa isn’t that bad you just have to go the right agent that specialized in that bussines. I just got my citizenship through a service agent after 3 yrs of holding kitas continuosly, then changed to kitap for 5 years and after that I applied for citizenship and mine takes 6 months for aproval from the president. I know some people would take longer than that I don’t know what criteria specificly speed up your process. But If you don’t want the head ache and you got the money for it why not just let some professional handle it..

  24. avatar Purba Negoro says:

    Dragonwall,

    Everyone has to- even me!
    Every single person should have every single document I outlined above.
    KK
    KTP
    SKL
    KAP
    and then for other things (like establishing a PT under the new laws) you need more like Letter of Good Character, Letter of Credit History and so forth.

    This is exactly like any other nation- including the USA.

    And if you don’t have the legal, correct and up to date paperwork- you are legally obliged to obtain it ASAP- costs and excuses are irrelevant.

  25. avatar Jamal Taleb says:

    Hi,

    my father had indonesian passport but we did not have the same nationality as we born in YEMEN.

    we would like to get indonesian passport what will be the procedure?

    currently i am living in Dubai and i have my father original passport.

    Please help.

    BR//Jamal Taleb

  26. avatar Timmie says:

    Hi
    I used to be a Filipino citizen but now Indonesian by virtue of marriage. I acquired my Indonesian citizenship by applying in the South Jakarta Court & that was 1994. We were told that it is a lot lot easier to acquire Indonesian citizenship by virtue of marriage during the first year of marriage otherwise you will have to thru a lot of diff processes like you should stay 5 years etc. In my church, there were 7 of us filipinos married to Indonesians and 6 of us went thru different ways of acquiring it. The easiest as I was told is when you apply during the first year of marriage & better yet apply at KBRI (the Indonesian Embassy office) in your native country – in my case Philippines. It is less troublesome & less expensive. BTW, this only applies if it is the wife is the foreigner. I understand that once you take an oath of allegiance to another country, then you automatically lose your Indonesian citizenship. I do know some friends who are carrying 2 passports – US & Indonesia but I suppose this is illegal since Indonesia does not recognizes dual citizenship

  27. avatar Jide says:

    My wife is an Indonesian citizen with a US green card.

    We both travel back and forth which is not a problem as the length of time out of the US never exceeds 1 year( actually never more than 3 months or less usually).

    My wife is considering applying for US citizenship and she would also like to keep Indo citizenship for important reasons.

    I know the US will accept the dual citizenship deal but Indonesia does not.

    On the sly, how easy would it be to pull off the dual citizenship thing for her when she to travels to and from Indonesia?

    I am looking for the real deal advise from peole that have experience with this type of thing.

  28. avatar Veronica says:

    Hello,
    I’m Indonesian who’s married to an Australian. Both of my children were born in Australia and they’re australian. I heard about the new SK about dual citizenship. Anyone can help me to find the information and the form to apply for this issue.
    Thank you

  29. avatar Andy says:

    Pretty sure if the baby was born outside of Indonesia you won’t be able to register him / her as an Indo citizen. Read the link below for all the details but to make sure maybe you should call your consulate. There is one in each major city in Australia.

    http://www.expat.or.id/info/registeringbirth.html

  30. avatar Odinius says:

    Like the United States- Indonesia takes the view that one’s passport is identical with their patriotic allegiance.

    Not quite true. The US takes an “agnostic” stance vis a vis dual citizenship, meaning that your second passport is considered a matter between you and that country. As long as you always enter the US using your US passport, it’s fine.

    In Indonesia, this is only true for children. It should be true for adults, if for no other reason than that Indonesians living abroad are making a lot of money and would be far more likely to reinvest that money in Indonesia if they were not cut off by the Indonesian government. If anyone doesn’t believe me, I’d suggest looking at the role played by “foreign-resident nationals” and “foreign-born nationals” in building up the states that were once in Yugoslavia. Croatia, for example, rightly guessed that being liberal in how the state gives out citizenship to people whose families are from Croatia would result in a massive influx in investment and a powerful set of activists for Croatian causes in the US, Australia, the EC/EU and elsewhere.

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