How to obtain Indonesian Citizenship

DzulnSiti

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Well this what happened. They come with 3 people but only 2 come to my home to conduct the interview. They let me see the letter saying this 3 people was assign to conduct the interview. They was in casual attire. They ask me for all original documents and take picture of it. They ask what I do for living. Since I do my work at home I let them see what I do and they take picture of the screen. They did ask for the original letter from the Desa for work at home but I can't find it. They take a few picture of us with one of them in the house,infront of the door and family picture on the wall. They also ask us why was we did not stay in the house as in KTP we explain that due to the house have no parking lot so we stay at "perumahan" with parking lot and we do to and fro between house. They try to make and issue but we just explain it again that we still demosili there and show prove of owning the house to them. They also ask of our children's and ask why I want to be a citizen. At the end of it all indirectly and jokingly saying since we did not provide light snack probably we can give some lunch money and when I was not around they asking my wife if I become citizen eventually probably "do not forget them when we are well off". Yeah, money what else. My wife ask them when can we expect to collect the letter to bring to Kanwil dan to Jakarta. We were told about 1 month a few days. Not that I want to "support" them but give and take in a situation that not costly to me. That about it.
 

atlantis

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Well this what happened.
(edited)
They try to make and issue but we just explain it again that we still demosili there and show prove of owning the house to them.
(edited)
At the end of it all indirectly and jokingly saying since we did not provide light snack probably we can give some lunch money and when I was not around they asking my wife if I become citizen eventually probably "do not forget them when we are well off". Yeah, money what else.
WHAT!?

And me who thought that petty (and less petty) corruption within depkumham had disappeared and that it was "unlikely that (it) would happen now"...

More seriously, many thanks for your report @DzulnSiti and keep the community posted.
 

atlantis

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For those who are married with a WNI, it is important to understand the fundamental differences which exist in the procedure and requirements to acquire Indonesian citizenship with the one concerning those NOT married with a WNI.

  • IF A FOREIGNER IS NOT MARRIED with a WNI, then article 9 UU 12/2006 applies. It states:
Permohonan pewarganegaraan dapat diajukan oleh pemohon jika memenuhi persyaratan sebagai berikut:

a. telah berusia 18 (delapan belas) tahun atau sudah kawin;
b. pada waktu mengajukan permohonan sudah bertempat tinggal di wilayah negara Republik Indonesia paling singkat 5 (lima) tahun berturut-turut atau paling singkat 10 (sepuluh puluh) tahun tidak berturut-turut;
c. sehat jasmani dan rohani;
d. dapat berbahasa Indonesia serta mengakui dasar negara Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945;
e. tidak pernah dijatuhi pidana karena melakukan tindak pidana yang diancam dengan pidana penjara 1 (satu) tahun atau lebih;
f. jika dengan memperoleh Kewarganegaraan Republik Indonesia, tidak menjadi berkewarganegaraan ganda;
g. mempunyai pekerjaan dan/atau berpenghasilan tetap; dan
h. membayar uang pewarganegaraan ke Kas Negara.


If translated, it means that the conditions for NATURALIZATION (this is the correct official translation of PERMOHONAN PEWARGANEGARAAN, and it has importance) are:
a. Being 18 or married,
b. At the time of application, having resided in Indonesia for at least 5 consecutive years or at least 10 years intermittently, c. Being mentally and physically fit,
d. Being able to speak Bahasa Indonesia and acknowledging the state basic principles of Pancasila as the State basic principles along with the 1945 Constitution,
e. Having never been sentenced due to acts punishable by a sentence of jail of 1 year or more,
f. Relinquishing any other citizenship upon acquiring Indonesian Citizenship,
g. Being employed and/or having a steady income (salary, dividends, pension, term deposit interest of sizable amount allowing you to support your monthly needs...etc all qualify),
h. Paying the legal current naturalization fee.

Basically, this procedure allows a lot of subjectivity in the assessment of the foreign candidates since they are required to have some command of Bahasa Indonesia. The level one should have is not define b law or regs (only by an internal guideline) and therefore a corrupted pejabat could easily create an issue and threaten to fail you.

This procedure, for those NOT married with a WNI, is handled by the Pejabat of the KanWil.
 

atlantis

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  • IF A FOREIGNER IS MARRIED with a WNI, then article 19 UU 12/2006 on Citizenship applies. It states:

(1) Warga negara asing yang kawin secara sah dengan Warga Negara Indonesia dapat memperoleh Kewarganegaraan Republik Indonesia dengan menyampaikan pernyataan menjadi warga negara di hadapan Pejabat.

(2) Pernyataan sebagaimana dimaksud pada ayat (1) dilakukan apabila yang bersangkutan sudah bertempat tinggal di wilayah negara Republik Indonesia paling singkat 5 (lima) tahun berturut-turut atau paling singkat 10 (sepuluh) tahun tidak berturut-turut, kecuali dengan perolehan kewarganegaraan tersebut mengakibatkan berkewarganegaraan ganda.

(3) Dalam hal yang bersangkutan tidak memperoleh Kewarganegaraan Republik Indonesia yang diakibatkan oleh kewarganegaraan ganda sebagaimana dimaksud pada ayat (2), yang bersangkutan dapat diberi izin tinggal tetap sesuai dengan peraturan perundang-undangan.

(4) Ketentuan lebih lanjut mengenai tata cara menyampaikan pernyataan untuk menjadi Warga Negara Indonesia sebagaimana dimaksud pada ayat (1) dan ayat (2) diatur dengan Peraturan Menteri.



If translated, it means that those married with a WNI go through a procedure of DECLARATION OF CITIZENSHIP which is different from NATURALIZATION / permohonan pewarganegaraan procedure and is called in BI menyampaikan pernyataan menjadi warga negara Indonesia.

If one reads correctly the law and relevant subsequent regs, the procedure is much lighter and way less coercive than the procedure of naturalization.

Translation of art. 19 UU 12/2006:

(1). Foreign citizens legally married to Indonesian citizens may acquire Indonesian citizenship by declaring citizenship in front of the Official of the Ministry of Justice and Human Rights.
(2). Said declaration mentioned in Paragraph (1) may be carried out if the applicant has already resided in Indonesia for a minimum of 5 consecutive years or at least 10 year intermittently, unless the acquisition of such citizenship render him/her with dual citizenship.
(3). In the event that the applicant is denied Indonesian citizenship in order to avoid dual citizenship as stipulated in Paragraph (2), the applicant may be given a permanent residency permit in line with the relevant law.
(4). Further provisions on procedures for applying Indonesian citizenship as mentioned in Paragraph (1) and Paragraph (2) is provide in the Ministerial Regulation.

Again if correctly reading the regulations hinted at point number (4), there is NO mention of the foreign spouse having to have any command of Bahasa Indonesia, any knowledge of Pancasila, Indonesia Raya...etc. There is also NO legal possibility for a corrupted pejabat to threaten you to fail you if an applicant is eligible and submit all documents . Saying otherwise is just lying and/or talking out of one's ass.

The relevant Ministerial Regulation concerning the procedure of DECLARATION OF CITIZENSHIP for those married with a WNI is the one hinted by user @centurion in this post and quoted by me in this other post afterward.

The regulation governing the acquirement of Indonesian citizenship for those married with a WNI is Permenkumham 36/2016 (here in full and in bahasa Indonesia)

Though all articles should be read and understood by applicants, the most important points are the 4 first one. They state:

Pasal 1
Dalam Peraturan Menteri ini yang dimaksud dengan:
1. Pemohon adalah laki-laki atau perempuan warga negara asing yang kawin secara sah dengan perempuan atau laki-laki warga negara Indonesia.
2. Menteri adalah menteri yang menyelenggarakan urusan pemerintahan di bidang hukum dan hak asasi manusia.
3. Hari adalah hari kerja.

Pasal 2
(1) Pemohon dapat memperoleh kewarganegaraan Republik Indonesia dengan menyampaikan pernyataan menjadi warga negara Indonesia.
(2) Pernyataan menjadi warga negara Indonesia sebagaimana dimaksud pada ayat (1) harus diajukan melalui permohonan.
(3) Permohonan sebagaimana dimaksud pada ayat (2) disampaikan Pemohon kepada Menteri.

Pasal 3
Permohonan sebagaimana dimaksud dalam Pasal 2 ayat (3) dikenai biaya sesuai dengan ketentuan peraturan perundangundangan di bidang Penerimaan Negara Bukan Pajak yang berlaku pada Kementerian Hukum dan Hak Asasi Manusia.

Pasal 4
Permohonan pernyataan untuk menjadi warga negara Indonesia sebagaimana dimaksud dalam Pasal 3 dilakukan secara elektronik melalui laman resmi Direktorat Jenderal Administrasi Hukum Umum


The main points of the above 4 articles are:
  • Foreign female and male legally married to an Indonesian can apply to Indonesian citizenship b making a statement declaring becoming Indonesian citizen
  • This statement must be made in front officials of the Ministery of Justice and Human Rights.
  • Application is made ONLINE.

Furthermore, article 5 of Permenkumham 36/2016 requires applicants to provide:

  • Legalized photocopy of the Birth certificate of the applicant, translated by a legal translator,
  • Legalized photocopy of the KTP or SKTT (it implies that a KITAP is not mandator an KITAS applicant are accepted, unlike for the NATURALIZATION procedure where a KITAP is mandatory),
  • Legalized photocopy of the Birth certificate of the Indonesian spouse,
  • Legalized photocopy of the KTP of the Indonesian spouse,
  • Legalized photocopy of the Akte Perkawinan (non Muslim marriage) or Buku Nikah (Muslim Marriage). Translation of the Marriage Certificate is required if married abroad.
  • SKIM from Imigrasi (it is the certificate confirming that the applicant has resided 5 consecutive years). The original is required, no legalized photocopy.
  • Valid SKCK from POLDA (it is the certificate confirming that the applicant has not been sentenced from a crime punishable by 1 year or more). The original is required, no legalized photocopy.
  • Original statement from the foreign Embassy declaring that the applicant will relinquish his citizenship upon acquiring Indonesian citizenship.
  • Original doctor certificate concerning the mental and physical health of the applicant (mental health certificate can quickly be obtained in any RSU Jiwa.
  • 6 ID pictures of the applicant of the 4x6 size (red background). Formal clothes mandatory, no silly hats, no t-shirts...etc,
  • Original proof of payment of the legal fee relevant to the procedure of DECLARATION of CITIZENSHIP.


Once you have uploaded all these documents, the Ministry (theoretically) has ten days to assess if they are complete and should send a notification (online) should anything be missing or not conform to requirements.

Applicant then has 14 days to correct the situation and upload the document requested.

Should the applicant fail to complete the legal documents required, then the Ministry has to issue a surat penolakan (failure notice). IT IS THE SOLE CASE WHERE AN APPLICANT MARRIED TO AN INDONESIAN SPOUSE MA BE FAILED. Again, and again and again no failure for lacking of Bahasa Indonesia, not being able to disert on PANCASILA or UUD RI. Saying otherwise is misleading. Laws and Regulations are pretty clear and well drafted, and save for a childish and laughable need of boasting for having become an Indonesian Citizen, there is no purpose to pretend one may be failed on one's command of BI, knowledge of history of Indonesia or whatever.

Nota: this regulation has been legalized on October 2016 to replace the older Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor M.02- HL.05.06 Tahun 2006 tentang Tata Cara Menyampaikan Pernataan untuk mejadi WNI.

The only difference between the old regulation governing the procedure for foreign spouse of WNI wishing to become WNI from 2006 to 2016 and the new one is the fact that it should be now conducted only online. Requirements were exactly the same so if an applicant has been asked to sing the National anthem and threatened to be failed for not knowing it, or if an applicant has been threatened to be failed for not having a cukup enough command of BI, it is purely due to either ignorance of the law from the Pejabat or greed from a Pejabat trying to extort an applicant.
 

atlantis

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Petty corruption is slowly back as elections are more near.
True, but as a general statement I would say that I have seen petty corruption being greatly reduced over my almost two decades here. Sure we are not among the Top 10 of Transparency International Corruption Index (which is a survey on PERCEPTION of corruption by those living in the country) but I have the feeling that we slowly improve.

In 2004, when I organized successively the ITAS of my son, then his naturalization later in 2007, no, I repeat strictly no regulation were available online and I had to do several trips to Jakarta to research the matter and avoid to be a victim of the greediness of immigration officers.

We have been the first one in 2008 to popularize in layman terms, regulations in hand, immigration law and regulations. Before that the community didn't have much resources.

Today Google offers pretty much anything and anyone who pretends to have fair command of Bahasa and who is still taken for a ride should also wonder if s/he has not been a bit too gullible.
 

centurion

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All of the above is true but when Immigration is issuing a SKIM they send their people for a field check during the process with an official letter. They come, make an interview, etc., quite routine things.
 

atlantis

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All of the above is true but when Immigration is issuing a SKIM they send their people for a field check during the process with an official letter. They come, make an interview, etc., quite routine things.
Indeed. There is a mandatory visit (called penelitian lapangan, and listed in Immigration Guidelines as early as 2011 if I recall correctly) by Imigrasi for the issuance of a SKIM. The purpose being to verify that the applicant is complying with ALL laws pertaining to his/her status including of course with the purpose of issuance of his visa/permit.

In this regard they should ask questions/investigate the veracity of the marriage for example for an applicant who has an ITAS/ITAP sponsored by an Indonesian spouse, but they also should question the income and possibility of an applicant to support himself. They could also check for example if the applicant has an NPWP and comply with his tax obligation..etc.

All of these are authorized by law and we should not be surprised to be checked for it. If you don't comply with the law, it may be because you are genuinely ignorant of it, but it doesn't save you from the consequences, including the refusal to issue you an administrative document such as a SKIM for a foreigner.

Nothing however about his ability to speak the linguo (a Korean acquaintance of mine recently got a SKIM issued while his bahasa is limited to satu, dua, tiga and terima kasih), Pancasila (again, if I ask my Korean acquaintance I am confident he would think I talk about Pencak Silat) ...etc because there are no obligation for a foreigner married to an Indonesian to know it.

When you have an interview I believe it's important to exactly know what document you should have legally, and clearly show you won't be taken for a ride. There is a reason why some never fall victim of the little game of some nasty officers and other always become preys.
 

atlantis

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As per the relevant regulation (see reference here, scroll down to last paragraphs), a SKIM has an unlimited validity but can be cancelled and declared void if:

  • the foreigner doesn't extend his permit (it includes those who would fail to report every 5 years after extending their first ITAP)
  • the foreigner leaves Indonesia and fails to return before the deadline of his/her MERP
  • the foreigner do an EPO
  • the foreigner get a permanent decision of divorce if the SKIM has been obtained for a the procedure called menyampaikan pernyataan menjadi WNI
  • the foreigner is included in the pencegahan or penangkalan list (deterrence list -meaning ou are forbidden to go out of Indonesia pending a criminal case- and blacklisting)
  • the foreigner is subjected to any other Immigration sanction (such as deportation or detention for example)
  • the foreigner passes away
Addit: direct link to SKIM regulation.
 
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DzulnSiti

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Last Friday my wife got WA from immigration office telling her that my application have been approve(about 1 month after application) and give me the payment billing which I paid Mandiri online thru government option. The weird thing is, he said that I need not come and collect the document to sent to Kanwil and I believe to Jakarta also. He said that this will be done by them. ??? Any comment guys/gals. Are am I going be "charge for this service"?

I just read thru what Atlas have given on the UU for the SKIM I did not read that they or us need to bring the document to Kanwil and the Jakarta. But basically it should have about 1 month period if not mistake.
 
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DzulnSiti

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Well today I got a call to get the letter to bring to Jakarta. Probably done it on Friday. Will post any new episode later.
 

DzulnSiti

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Last Friday(15-Mar) we(part time postman) when to Sukabumi to collect the letter(ask to x2 duplicate,but we make extra for our own set) and bring 1 set to Jakarta Hukum dan Ham(same as for KITAP). We were ask to go to 10 floor. Submit the letter there we ask to fill a sort of tag which one was given to us and was told to comeback there 21-Mar(about 3 day process). It will update once process.
 

DzulnSiti

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Yesterday 2-Apr-2019 I receive the SKIM and instead ask to do the online he advice to go to Kanwil in Bandung so as to fast process due to my KITAP going to expire in July. Any take to go which path? Thanks.
 

DzulnSiti

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Well it been some time after getting the SKIM due to monetary issue. This coming Thursday I will go to MABES to get the correct SKCK that not from local RESOR thru online application. Then to embassy to get my passport,document from the government having no objection for me to relinquish my citizenship and my education cert. After this need to run to Bandung to submit personally to ensure the process is done before my KITAP expire so that need not to cough unnecessary money.
 

sumyunggai

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It looks like the fee for this process has increased from 2.5 million (nationality fee) + 3 million (SKIM) to 15 million (nationality fee) + same 3 million (SKIM), from May. Based on PP 28/2019
 

DzulnSiti

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It looks like the fee for this process has increased from 2.5 million (nationality fee) + 3 million (SKIM) to 15 million (nationality fee) + same 3 million (SKIM), from May. Based on PP 28/2019
Today morning(1-May-2019), I just pay for "Pewarganegaraan Berdasarkan Perkawinan " for Rp2.500.000. I saw the PP on the other thread but online is not there. Probably I one step ahead. 8)
 

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sumyunggai

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Today morning(1-May-2019), I just pay for "Pewarganegaraan Berdasarkan Perkawinan " for Rp2.500.000. I saw the PP on the other thread but online is not there. Probably I one step ahead. 8)
Do you have SKIM already? I guess you cannot pay for this unless you already have all the other papers ready?
 

DzulnSiti

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Yes I already have SKIM. But after I pay it their server when into maintenance mode. Now I am stuck as the the payment did not trigger their system as paid. Until now still down under maintenance. For safe reaction I sent a complaint to Jabar and DK about this issue. Hopefully by tomorrow I can make in time to register manually at Bandung.
 

DzulnSiti

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The law in Indonesia is a joke. The PP really stipulated that it should start on 3-May-2019. I did the payment on 1-May-2019. After I did that out off the blue with out any indication of disruption notice the website indicate system under maintenance and the status at voucher web site indicate is now paid. After I sent a letter to the humas at the end today I saw not is paid. When I did try input the voucher the system indicate the voucher number is not found. Really! By right it should have validity for 60 days. I was "help" by the staff at Bandung which have a "friend" at Jakarta office which at the end told me I need to re-apply again with new regulation and when I told about the 3-May regulation he told me in a manner that we have help you pls do not push it. And was told the payment will be return. But I not sure of it will, due to the process it take is not that simple with money that have gone into the goverment pocket. So I sent email again to humas and while waiting try to borrow money to get this thing done before my KITAP lapse.:sick:

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