Mixed children before 1st August 2006

sumyunggai

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I am looking at UU 62 1958 http://hukum.unsrat.ac.id/uu/uu_62_58.htm in terms of the status of my son, who as born before 1 August 2006.

The law provides these (among others) are Indonesian:

"c. anak yang lahir dalam 300 hari setelah ayahnya meninggal dunia, apabila ayah itu pada waktu meninggal dunia warga- negara Republik Indonesia;"

A child born within 300 days of the death of his father, if the child was an Indonesian citizen

"d. orang yang pada waktu lahirnya ibunya warga-negara Republik Indonesia, apabila ia pada waktu itu tidak mempunyai hubungan hukum kekeluargaan dengan ayahnya;"

A child born to an Indonesian mother, if she was not in a legal relationship with his father

i. orang yang lahir di dalam wilayah Republik Indonesia yang pada waktu lahirnya tidak mendapat kewarga-negaraan ayah atau ibunya dan selama ia tidak mendapat kewarganegaraan ayah atau ibunya itu;

A child born in Indonesia who was unable to obtain his father or mother's nationality, for as long as he does not obtain the nationality of that father or mother



Further, UU 12 2006 (http://hukum.unsrat.ac.id/uu/uu_kewarganegaraan_2006.htm ) provided that children born before 1st August 2006 to mixed marriages, who were not Indonesian citizens as of 1st August 2006, could obtain Indonesian nationality following a certain procedure, but only until 1st August 2010. Failure to do so by this date, meant you were not able to follow the Indonesian parentage to obtain citizenship, as in this case: https://www.expatindo.org/community...shed-by-indonesian-citizenship-law.468/page-2


Anyway, my son's case is a little unusual:

  • We got married outside of Indonesia before his birth.
  • According to the law on marriage (http://hukum.unsrat.ac.id/uu/uu_1_74.htm ), this marriage is legal, as of Article 56. There is a requirement at 56(2) to register the marriage within a year, but failure to do this doesn't appear to change the legality of the marriage, which was legal & valid at the time of formation and failure to perform 56(2) doesn't seem to have any consequences beyond perhaps administrative hassle if you need to do stuff with the paperwork in Indonesia.
  • Hence under UU 1958 1(c), he was not entitled to Indonesian citizenship, as we did have a legal relationship, even though we did not tell the Indonesians about it
  • 1(i), however, also applies in his case. He was not entitled to inherit my British nationality at the time of his birth, under British law. However, after moving to the UK he acquired British citizenship by registration (not naturalisation), on the basis that I was British (but born outside the UK), one or both of my parents were British & British born, and three years residence in the UK. This was still prior to the passage of UU 12 2006.
Anyway, (i) doesn't make that much sense if one of the parents is Indonesian, as under the law he was not entitled Indonesian citizenship except under (i), but obviously under (i) he immediately acquired that citizenship (and we got him and Indonesian passport).

According to Article 17,

"Kewarga-negaraan Republik Indonesia hilang karena:
a. memperoleh kewarga-negaraan lain karena kemauannya sendiri" (et seq)

I.e. "Indonesian nationality is lost if you obtain other citizenship of your own decision"

Which clearly does not apply to a 3 year old child.

But I am not quite clear the intent of UU 62/1958 1(i) regarding " selama ia tidak mendapat kewarganegaraan ayah atau ibunya itu; ". At any rate, he has a couple of expired Indonesian passports.

But I think maybe the problem is that they don't recognise the 'limited dual nationality' in any case unless it was registered officially before 2010...
 

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