Indonesian citizenship law

[pantaiema]

A strong wording here "Must". It seems to me if this procedure has not been completed those Indonesian citizen who have taken another citizenship have not officially lost their Indonesian citizenship, do they ??

On another thread in here,

Australian Aged Pension and the 2 year portability rule.

It is a common knowledge that In Indonesia, dual nationality is not permitted. However, if an Indonesian acquires citizenship in another country, the process of losing Indonesian citizenship is lenghty and complicated. Only the Indonesian president can officially declare the loss of Indonesian...

www.expatindo.org

someone is saying this.

The process of renouncing Indonesian citizenship is very simple and fast, abroad and in the country. No decree is needed from the president (this is not even in the law I think, but automatism is considered) for the Ministry of Law to issue certificate that you are not a citizen as well. Indonesian citizenship is hard to get and easy to lose.

If caught redhanded with two or more citizenships, in the eyes of the law you can get the consequences with or without decree, meaning you would be automatically considered foreigner, your Indonesian passport will be seized and the assets that you do not have right could be confiscated (hak milik, shares in local PTs etc).

If someone such as an Immigration officials, embassy staffs said or believe that a person lost his Indonesian nationality and thus refuse to give services, such as immigration, consular services, etc to an Indonesian citizen is not the same with officially losing his Indonesian Nationality.

Similarly, if your passport, your asset is seized, refusing to issue you passport, providing consular services, it is not the same with officially losing your Indonesian Nationality. Keep in the Indonesian context, they could do this for no reason, and there are already a lot of examples spreading across this forum. Their action could only be cancelled if you have energy and resources to challenge them in the constitutional court and win. Unlike in other countries, it is rarely heard of the Indonesian government providing compensation for wrongful decisions that have affected people's lives. But this is subject to another discussion.

The authority to officially revoke someone's Indonesian citizenship lies solely with the President of Indonesia, not with the embassy or immigration. This is typically done through a presidential decree. So this process is neither very simple nor straightforward.

Here is the quotation of Governmental Regulation
PP_No_2_2007 : Government Regulation On PROCEDURES For Obtaining, Losing, Cancelling, And Regaining Citizenship Of The Republic Of Indonesia.

Pasal 3
(2) Warga Negara Indonesia dinyatakan hilang kewarganegaraannya oleh PRESIDEN atas permohonannya sendiri apabila yang bersangkutan sudah berusia 18 (delapan belas) tahun atau sudah kawin, bertempat tinggal di luar negeri, dan dengan dinyatakan hilang Kewarganegaraan Republik Indonesia tidak menjadi tanpa kewarganegaraan.
Pasal 38
(1) PRESIDEN menetapkan keputusan mengenai kehilangan Kewarganegaraan Republik Indonesia.
(2) Keputusan PRESIDEN sebagaimana dimaksud pada ayat (1), petikannya disampaikan kepada Perwakilan Republik Indonesia dalam waktu paling lambat 14 (empat belas) hari terhitung sejak tanggal Keputusan Presiden ditetapkan dan salinannya disampaikan kepada Menteri dan Perwakilan Republik Indonesia.
Tata Cara Pembatalan Kewarganegaraan Republik Indonesia
Pasal 40
(1) Setiap orang yang memperoleh Kewarganegaraan Republik Indonesia berdasarkan keterangan yang kemudian hari dinyatakan palsu atau dipalsukan, tidak benar, atau terjadi kekeliruan mengenai orangnya oleh instansi yang berwenang, dinyatakan batal kewarganegaraannya.
(2) Pernyataan palsu atau dipalsukan, tidak benar, atau terjadi kekeliruan mengenai orangnya sebagaimana dimaksud pada ayat (1) didasarkan pada putusan pengadilan yang telah memperoleh kekuatan hukum tetap.
(3) Berdasarkan putusan pengadilan sebagaimana dimaksud pada ayat (2), Menteri menyampaikan kepada PRESIDEN untuk membatalkan Kewarganegaraan Republik Indonesia dalam hal perolehan Kewarganegaraan Republik Indonesia ditetapkan berdasarkan Keputusan Presiden.

Unofficial translation:
"Article 3
(2) Indonesian citizens are declared to have lost their citizenship by the PRESIDENT upon their own request if the person concerned is 18 (eighteen) years old or is married, lives abroad, and by being declared to have lost their Citizenship of the Republic of Indonesia does not become stateless.
Article 38
(1) The PRESIDENT shall determine a decision regarding the loss of Citizenship of the Republic of Indonesia.
(2) The PRESIDENT'S decision as referred to in paragraph (1), an excerpt of which shall be submitted to the Representative of the Republic of Indonesia within a maximum of 14 (fourteen) days from the date the Presidential Decree is stipulated and a copy thereof shall be submitted to the Minister and Representative of the Republic of Indonesia.

PP_No_2_2007 SECTION 2:
Procedures for Cancellation of Citizenship of the Republic of Indonesia
Article 40
(1) Any person who obtains Citizenship of the Republic of Indonesia based on information that is later declared false or falsified, incorrect, or contains an error regarding the person by the authorized agency, shall have his citizenship declared null and void.
(2) A false or falsified, incorrect, or containing an error regarding the person as referred to in paragraph (1) shall be based on a court decision that has obtained permanent legal force.
(3) Based on the court decision as referred to in paragraph (2), the Minister shall submit to the PRESIDENT to cancel Citizenship of the Republic of Indonesia in the event that the acquisition of Citizenship of the Republic of Indonesia is determined based on a Presidential Decree."

Also these are facts:

• Violating immigration laws in Indonesia, can lead to prison sentences of up to 20 years. However, despite several cases of individuals caught with dual passports in public, no one has been sentenced or tried in court for this. Why is that ? In my personal view, the reason is straightforward: they aren’t considered immigrants, foreigners until the Indonesian president officially declares that they have OFFICIALLY lost their Indonesian citizenship.
• Former Minister of Law and Human Rights, Yasonna Laoly, also highlighted the complex procedure of renouncing Indonesian citizenship during an official discussion with Indonesian diaspora abroad. I have posted the link to this broadcasting when he explained this in this Indonesian diaspora forum.

 

[pantaiema]

I just read this 'old' thread, because an Indonesian lawyer/notaris said that maybe my wife (WNI) lost her Indonesian citizenship, because she married me (WNA) and lived in The Netherlands for more than 5 years (legally documented with stay permit etc). I checked this online and found a thesis / citation of someone (Het Indonesisch Nationaliteitsrecht, 1993, 450 pages at University Maastricht in The Netherlands) about the laws Indonesian citizinship. It coveres also 'losing citizenship', because of the principle of citizenship that the "woman follows the man". This thesis describes that under the law of UU 1958 the WNI (wife)
will not(!) lose her Indonesian citizenship in the case that the WNI becomes stateless. She will lose her Indonesian citizenship in the situation that the WNI (wife) marries a WNA (husband) and lives in the country of her husband where she automatically gets the citizenship of her husband's country. Some countries have this particular law, like Turkey or Marokko or Syria I think. But my question is: in most countries the wife will not just automatically get her husband's cirizenship, so when formentioned priniple is still applied, the losing her Indonesians citizenship while living in her husband's country will make her stateless. The old law says: No, she can not become stateless, so the principle "wife follows husband" is not applied, she will keep her Indonesian citizenship. Is this still the case under the new law UU 12 /2006?

"Indonesian citizenship is also lost if you live outside Indonesia for five years or more and do not declare your intention to retain Indonesian citizenship"

In the past before 2022, the Indonesian Embassy prevent this to happen by issuing an Indonesia passport of maximum five years (not ten years). By renewing your passport and they approve it, you have automatically expressed your Intention to stay as an Indonesian citizen.

 

[centurion]

On another thread in here,

Australian Aged Pension and the 2 year portability rule.

It is a common knowledge that In Indonesia, dual nationality is not permitted. However, if an Indonesian acquires citizenship in another country, the process of losing Indonesian citizenship is lenghty and complicated. Only the Indonesian president can officially declare the loss of Indonesian...

www.expatindo.org

someone is saying this.


If someone such as an Immigration officials, embassy staffs said or believe that a person lost his Indonesian nationality and thus refuse to give services, such as immigration, consular services, etc to an Indonesian citizen is not the same with officially losing his Indonesian Nationality.

Similarly, if your passport, your asset is seized, refusing to issue you passport, providing consular services, it is not the same with officially losing your Indonesian Nationality. Keep in the Indonesian context, they could do this for no reason, and there are already a lot of examples spreading across this forum. Their action could only be cancelled if you have energy and resources to challenge them in the constitutional court and win. Unlike in other countries, it is rarely heard of the Indonesian government providing compensation for wrongful decisions that have affected people's lives. But this is subject to another discussion.

The authority to officially revoke someone's Indonesian citizenship lies solely with the President of Indonesia, not with the embassy or immigration. This is typically done through a presidential decree. So this process is neither very simple nor straightforward.

Here is the quotation of Governmental Regulation
PP_No_2_2007 : Government Regulation On PROCEDURES For Obtaining, Losing, Cancelling, And Regaining Citizenship Of The Republic Of Indonesia.

Pasal 3
(2) Warga Negara Indonesia dinyatakan hilang kewarganegaraannya oleh PRESIDEN atas permohonannya sendiri apabila yang bersangkutan sudah berusia 18 (delapan belas) tahun atau sudah kawin, bertempat tinggal di luar negeri, dan dengan dinyatakan hilang Kewarganegaraan Republik Indonesia tidak menjadi tanpa kewarganegaraan.
Pasal 38
(1) PRESIDEN menetapkan keputusan mengenai kehilangan Kewarganegaraan Republik Indonesia.
(2) Keputusan PRESIDEN sebagaimana dimaksud pada ayat (1), petikannya disampaikan kepada Perwakilan Republik Indonesia dalam waktu paling lambat 14 (empat belas) hari terhitung sejak tanggal Keputusan Presiden ditetapkan dan salinannya disampaikan kepada Menteri dan Perwakilan Republik Indonesia.
Tata Cara Pembatalan Kewarganegaraan Republik Indonesia
Pasal 40
(1) Setiap orang yang memperoleh Kewarganegaraan Republik Indonesia berdasarkan keterangan yang kemudian hari dinyatakan palsu atau dipalsukan, tidak benar, atau terjadi kekeliruan mengenai orangnya oleh instansi yang berwenang, dinyatakan batal kewarganegaraannya.
(2) Pernyataan palsu atau dipalsukan, tidak benar, atau terjadi kekeliruan mengenai orangnya sebagaimana dimaksud pada ayat (1) didasarkan pada putusan pengadilan yang telah memperoleh kekuatan hukum tetap.
(3) Berdasarkan putusan pengadilan sebagaimana dimaksud pada ayat (2), Menteri menyampaikan kepada PRESIDEN untuk membatalkan Kewarganegaraan Republik Indonesia dalam hal perolehan Kewarganegaraan Republik Indonesia ditetapkan berdasarkan Keputusan Presiden.

Unofficial translation:
"Article 3
(2) Indonesian citizens are declared to have lost their citizenship by the PRESIDENT upon their own request if the person concerned is 18 (eighteen) years old or is married, lives abroad, and by being declared to have lost their Citizenship of the Republic of Indonesia does not become stateless.
Article 38
(1) The PRESIDENT shall determine a decision regarding the loss of Citizenship of the Republic of Indonesia.
(2) The PRESIDENT'S decision as referred to in paragraph (1), an excerpt of which shall be submitted to the Representative of the Republic of Indonesia within a maximum of 14 (fourteen) days from the date the Presidential Decree is stipulated and a copy thereof shall be submitted to the Minister and Representative of the Republic of Indonesia.

PP_No_2_2007 SECTION 2:
Procedures for Cancellation of Citizenship of the Republic of Indonesia
Article 40
(1) Any person who obtains Citizenship of the Republic of Indonesia based on information that is later declared false or falsified, incorrect, or contains an error regarding the person by the authorized agency, shall have his citizenship declared null and void.
(2) A false or falsified, incorrect, or containing an error regarding the person as referred to in paragraph (1) shall be based on a court decision that has obtained permanent legal force.
(3) Based on the court decision as referred to in paragraph (2), the Minister shall submit to the PRESIDENT to cancel Citizenship of the Republic of Indonesia in the event that the acquisition of Citizenship of the Republic of Indonesia is determined based on a Presidential Decree."

I know this regulation (which is below law), and there was some debate on Indonesian law internet was the president's decision is "declarational" only or "abolute"-meaning you are a double citizen until president says otherwise or no. The prevailing opinion was it is declarational and that loss starts from obtaining second citizenship, and consequences can start immidiatelly-of course if the law is applied, the Indonesian citizenship is no longer attached to that person.

Procedure for Indonesian renouncing citizenship is declaration letter in the embassy and handing over the passport. You can ask later letter-certificate from the Ministry of Law without any president's declaration.

If you are cought with double passport, the Indoneisan passport would be seized. This rarely happens as there are a lot of unofficial ways to solve it.

Concerning this:
"Indonesian citizenship is also lost if you live outside Indonesia for five years or more and do not declare your intention to retain Indonesian citizenship"

Concerning this, it has to be seen in the context,that basically prohibits to leave you stateless with this 5 years term. The whole sentence is :

"i. Living outside the territories of the Rep. of Indonesia for 5 (five)consecutive years for non-official purposes, without legal reasonand deliberately refuses to declare their intention to remain asIndonesian citizens before the 5 (five) year limit ends, and in eachof the next 5 (five) years the said person fails to declare theirintention of retaining their citizenship to the Indonesian Representative offices in which the said person’s residence isunder their jurisdiction although the said Representative Office has duly informed them in writing, as long as the incumbent does not become stateless because of such negligence.

 

[m17tgw]

Indonesian citizenship is governed by UU 62/1958, UU 12/2006, PP 2 2007 and M.02-HL.05.06 2006

Citizenship

1.
Unlimited nationality (Indonesian citizen, not entitled to dual citizenship):
(a) born prior to 1 August 2006 and having Indonesian citizenship according to UU 62/1958:
(1) to a married Indonesian father
(2) to an unmarried Indonesian mother, or where the father is unknown
(3) who was born in Indonesia and has no entitlement to citizenship from either his mother or father

(b) marriage between two Indonesian citizens
(e) mixed marriage where the mother is Indonesian and the father is not, and under the father's country's law, the child does not have entitlement to Indonesian citizenship
(f) a child born after the death of the child's Indonesian father
(g) a child born outside of marriage to an Indonesian mother

Limited nationality
(c,d) mixed marriage
(h) a child born to an unmarried foreign mother, where the father is Indonesian and acknowledges the child as his, prior to the child's marriage or 18th birthday, whichever comes sooner
(l) a child born outside Indonesia to two Indonesian parents, where the child has nationality of the country of his birth as of right as the result of his birth in that country

The law appears to distinguish those born having the right to citizenship of another country and those having no such right - the former have limited nationality, and the latter unlimited. There is an apparent exception to this, namely that a child born to a foreign mother and an Indonesian father may not be entitled to foreign citizenship, and the law would appear to leave the child stateless.

Those in the category of 'limited nationality' born since 1 August 2006 are entitled to dual nationality until the age of 18, or their marriage, if sooner. After marriage/turning 18, if the child is living in Indonesia, he has three years to reject his other citizenship and convert to an unlimited Indonesian citizen. If he is living outside Indonesia this three year grace period might not apply.

Those otherwise entitled to limited nationality but born prior to August 1 2006 had until 31 July 2010 to register as limited citizens; if they did not do so, they have lost the entitlement to limited citizenship.


2. Naturalization (article 8-18)
(a) Must have spent five years in Indonesian consecutively, or ten years non-consecutively. The law states 'bertempat tinggal', which appears to preclude social/tourist visas, and five years may be taken as holding a KITAS or KITAP.
(b) Must be fit in body and mind.
(c) Must speak Indonesian and accept Pancasila and the Indonesian constitution of 1945.
(d) Must not have been sentenced to more than 1 year in prison.
(e) Not become a dual citizen by accepting Indonesian nationality
(f) Have a job and/or fixed income
(g) Pay a fee
(h) Subject to Presidential Decree
Children of such persons can also acquire Indonesian nationality, under article 21

Documents required:

(1) photocopy of birth certificate
(2) photocopy of marriage/divorce/separation/death certificate for spouse
(3) certificate from immigration confirming 5/10 years of residence
(4) photocopy of KITAP
(5) mental/physical health certificate from hospital
(6) statement applicant can speak Indonesian
(7) statement applicant acknowledges Pancasila and Indonesian constitution
(8) police certificate from applicant's place of residence
(9) a letter from the applicant's home country stating he will not acquire dual citizenship by acquiring Indonesian nationality
(10) a letter from the camat of the applicant's area affirming his job or fixed income
(11) payment
(12) 6 * 4x6cm passport photos

Time limits:
(1) 14 days max for local immigration to examine the documents
(2) 7 days max further to submit the docs to the ministry
(3) 45 days max for the ministry to submit the applications to the President
(4) 45 days further for President to accept/decline application
(5) 14 days further for decision to be sent to applicant and his home country
(6) a max further 3 months for applicant to swear oath

3. Acquisition of citizenship through marriage to an Indonesian citizen (article 19)
Similar to number 2, however there is no requirement for a job/income, nor for Indonesian language and health certificate, and not subject to Presidential approval, and overall quicker.

Documents required:

(1) A letter with materai stamped by the applicant with their name, d.o.b, address, and nationality, plus that of their spouse.
(2) copy of birth certificate
(3) copy of KTP or surat keterangan tempat tinggal
(4) copy of spouse's birth certificate & KTP
(5) letter from immigration confirming 5/10 years residence
(6) police certificate
(7) certificate from home country stating he will lose his foreign citizenship
(8) statement of faithfulness to Pancasila & Indonesian constitution
(9) 6 * 4x6 photos

Time Limits:
(1) 14 days to check application by immigration and send to ministry
(2) 30 days for ministry to reach naturalization decision if all is ok
(3) 14 further days for return decision to applicant


4. Service of the country (article 20)
Can be granted by the President

Loss of citizenship

Indonesian citizenship is lost if you deliberately acquire the citizenship of another country.
- in this case to regain Indonesian nationality you must perform naturalization

Indonesian citizenship is also lost if you live outside Indonesia for five years or more and do not declare your intention to retain Indonesian citizenship
Indonesian citizenship is also lost if you acquire the citizenship of another country as of right through marriage
- in these cases you can regain Indonesian nationality by written request

Some examples:

1)
child born January 1 2006 in Indonesia to Indonesian father and foreign mother - had Indonesian citizenship as of birth
1 February 2006 acquired foreign passport - lost Indonesian citizenship under UU 62/1958
1 August 2006 - acquired right to apply for limited Indonesian citizenship, but only until 31 July 2010
1 August 2010 - lost all rights to Indonesian citizenship, if limited citizenship was not applied for

2)
child born August 1 2006 in Indonesia to Indonesian father and foreign mother - has right to apply for limited Indonesian citizenship, which must be renewed after his 18th birthday

3)
child born January 1 2007 in Indonesia to Indonesian mother and British citizen father born outside of Britain - child has no right to British citizenship and has therefore unlimited Indonesian citizenship for life.
1 January 2010 - child obtains has moved to Britain and naturalized as British citizen - loses his unlimited Indonesian citizenship, but may reapply as a limited citizen prior to his 18th birthday


(a) anyone born before 1 August 2006 and who did not register prior to 31 July 2010 as a limited citizen is either an unlimited Indonesian citizen or a foreign citizen - not both
(b) anyone born on or after 1 August 2006 can hold foreign & limited Indonesian nationality until age 18, or if he has no entitlement to foreign nationality, unlimited Indonesian nationality.

I'm Aware that Citizenship is available to Foreign Spouses of Indonesian citizens, after 5-6 years minimum of residency, and also understand it's slightly more quicker and easier to just a regular applicant that's maybe not married to a citizen, But is that true that Foreign spouses applying for citizenship don't have to be employed or have a fixed income??...or even no requirements to speak Indonesian fluently?

 

[pantaiema]

Vietnamese lawmakers recently approved changes to the country's nationality law, dual citizenship is now allowed.

https://www.nationthailand.com/news/world/40052018 Vietnam approves dual citizenship law to attract skilled foreign workers

https://asia.nikkei.com/Politics/Vietnam-changes-nationality-law-to-attract-overseas-talent Vietnam changes nationality law to attract overseas talent

https://www.vietnam-briefing.com/ne...-nationality-law-updates-foreign-talent.html/ Amended Vietnamese Nationality Law: Key Updates for Foreign Workers