I am shock, they want to DEPORTASI my daughter

[Saudade]

Thanks a lot again for your opinions and advices.
My daughter wants to be Indonesian citizens and hold Indonesian passport.
In March 2020 her Indonesian passport will expire and the Spanish one will expire in August 2020.
The last time she entered Indonesia it was in July 2018 with the Indonesian passport, we went to Europe for two month to visit my family.
Do you have any idea if it would be possible to cancel the Spanish passport and if this could help in my daughter situation? (I know I have to check as well with the Spanish Embassy about this).
If it is clear she wants to have Indonesian passport, would you go now to try to talk with the head of the immigration office to say she does't want the Spanish passport and even broke the Spanish passport in front of him? or would you wait until the Indonesian Passport expire, the Spanish passport expire and start to make her a new passport from zero? in that case if they ask us if she has another passport, we could say not and that will be true.
Or try to get a certificate of loss the nationality by Spain (I think Pak Tahar got this letter from USA)?
She is still on the school now until June so I hope she will not be deported soon.
Any of you knows how a deportation process is issue? because until now, we know she lost her Indonesian citizenship, because we made her Spanish passport, but should we have a letter mention she lost it? or this is the kind of letter they will give to us in case of deportation?
I read in some place, I cannot find now, that the list of people losing her Indonesian citizenship must be publish in some place by the government, this should be after or before the deportation?
I know all this it should have happen in 6 years, when she should have choose what passport she would like to have, if we would have know about the change of the law in 2006 and apply for the limited dual citizenship, and of course would have been a cheaper, easier, smooth, natural process not like now what is been a mess, because I made a mistake, or even better, nothing of this would have happen if we never made her Spanish passport.
Terimakasi banyak
Have a beautiful day

 

[dafluff]

Thanks a lot again for your opinions and advices.
My daughter wants to be Indonesian citizens and hold Indonesian passport.
In March 2020 her Indonesian passport will expire and the Spanish one will expire in August 2020.
The last time she entered Indonesia it was in July 2018 with the Indonesian passport, we went to Europe for two month to visit my family.
Do you have any idea if it would be possible to cancel the Spanish passport and if this could help in my daughter situation? (I know I have to check as well with the Spanish Embassy about this).
If it is clear she wants to have Indonesian passport, would you go now to try to talk with the head of the immigration office to say she does't want the Spanish passport and even broke the Spanish passport in front of him? or would you wait until the Indonesian Passport expire, the Spanish passport expire and start to make her a new passport from zero? in that case if they ask us if she has another passport, we could say not and that will be true.
Or try to get a certificate of loss the nationality by Spain (I think Pak Tahar got this letter from USA)?
She is still on the school now until June so I hope she will not be deported soon.
Any of you knows how a deportation process is issue? because until now, we know she lost her Indonesian citizenship, because we made her Spanish passport, but should we have a letter mention she lost it? or this is the kind of letter they will give to us in case of deportation?
I read in some place, I cannot find now, that the list of people losing her Indonesian citizenship must be publish in some place by the government, this should be after or before the deportation?
I know all this it should have happen in 6 years, when she should have choose what passport she would like to have, if we would have know about the change of the law in 2006 and apply for the limited dual citizenship, and of course would have been a cheaper, easier, smooth, natural process not like now what is been a mess, because I made a mistake, or even better, nothing of this would have happen if we never made her Spanish passport.
Terimakasi banyak
Have a beautiful day

Very important: Letting her Spanish passport expire, cancelling the passport, ripping it up in front of Indonesian officials all of these DO NOT cancel her Spanish citizenship. Waiting for both passport to expire and then applying for a new one is absolutely ridiculous.

Let me be blunt: You are exploring silly (and dangerous) avenues. You can keep coming back to the forum and ask for opinions until you hear one you want to hear, but no one here actually has the power to help you. Even the suggestions are just suggestions/guesses, since as far as I know, no one here has actually gone through a similar process.

You should go to imigrasi (or even higher office, either KanWil or DitJen), perhaps with a lawyer, and find out EXACTLY what needs to be done in order to maintain her Indonesian citizenship. If this is still possible. Otherwise, determine how you can process KITAS for your daugher right away. Do not wait until school is out in June. To be honest, I think you are lucky they let you go home after they found out about the Spanish passport that day.

 

[jukung11]

You will probably need an Indonesian lawyer, which I am not. This is not legal advice. It is worth exactly what you pay for it.

PP No. 2 Tahun 2007 is the regulation to implement the law UU No. 12 Tahun 2006.

Chapter V is the procedure for the Loss of Citizenship. It also includes the loss of citizenship for holding a foreign passport.

Pasal 31 (1) Warga Negara Indonesia dengan sendirinya kehilangan kewarganegaraannya karena:
g. mempunyai paspor atau surat yang bersifat paspor dari negara asing atau surat yang dapat diartikan sebagai tanda kewarganegaraan yang masih berlaku dari negara lain atas namanya; atau


Pasal 32 to 39 cover the procedure. This is a summary of my reading of it. Any Indonesian government Agency that suspects a person has violated the citizenship requirements must make a report to the Ministry. The Ministry then makes a report for the President. The President then revokes citizenship. It is then published in Berita Negara Republik Indonesia. There is no indication of any input, due process, or judicial over site in the regulations. It looks like it is purely administrative and up to the executive branch. First check to see if she has already had her citizenship revoked and it was published in
Berita Negara Republik Indonesia. If not, you may still have a chance to intervene.

Pasal 33
(2) Laporan sebagaimana dimaksud pada ayat (1) dapat dilampiri antara lain:
b. fotokopi paspor atau surat yang bersifat paspor dari negara asing atau surat yang dapat diartikan sebagai tanda kewarganegaraan yang masih berlaku dari negara lain atas namanya.

They are definitely looking for that Spanish passport for evidence if they don't already have a copy of it.

A common delay tactic for deportation from all over the world is to destroy foreign citizenship documents. This has been a major issue for illegal immigration in Europe. The most recent case originally misidentifying the Vietnamese immigrants that died in the UK as from China. It does not stop deportation. It just delays it and possibly increases penalties.

 

[Missnaughty]

Indonesian law for citizenship is following father's nationality. In 2006, the govt passed the dual citizenship. Can you ask this to the immigration? Your child born first as Indonesian national, as the father is Indonesian. Therefore she doesnt need affidavit.

 

[dafluff]

Indonesian law for citizenship is following father's nationality. In 2006, the govt passed the dual citizenship. Can you ask this to the immigration? Your child born first as Indonesian national, as the father is Indonesian. Therefore she doesnt need affidavit.

Please read the whole post. This is not the situation at all. The situation is a WNI child without dual nationality obtained a foreign nationality/passport, which is not allowed.