So, the new Energy and Minerals Minister may be a US Citizen

Were they wrong some 20 years ago or has the system been changed?
The system has certainly changed since 20 years ago the relevant higher statute was UU 62/1958 which has been abrogated by UU 12/2012 which is pretty different in many aspects. I can not tell you if they were wrong. What I can tell you is that the official loss of one's Indonesian citizenship requires a procedure and a decision as per the relevant 2007 Governmental Regulation on acquiring, losing, regaining and cancelling Indonesian citizenship.

Yes, technically your wife could apply for a passport as a citizen. However she would not have it issued because the only thing it would trigger is a completion of the procedure with an official decision on her having loss her citizenship.

Technically, your wife is still a citizen IF it has not been processed. You ahev certainly stayed long enough here to know that PNS are not necessarily overzealous and that many files are never instructed or never completed. Unless if forced.
 
While there is certainly a procedure in place to lose one's citizenship here, I also understand it to include a public posting of said loss. If not posted, it's not officially lost. If you take another coutries oath, it is automatically lost without any procedures taking place here.
 
Have we discussed it here? If it has been discussed I apologize because I missed it and would have corrected it. As the Minister of Justice stated it requires:
1. A procedure,
2. A decision.

There is no such thing than an automatic loss of citizenship. It has to be documented and then acted by two ministers (Depkumham and Depdagri through Capil) before it becomes effective.

I have read in the thread that there would be an issue of his criminal act of entering Indonesia on a false passport. I beg to differ. Not that I want to defend him (to be honest I still have the Padang face bit stuck in the throat) but he has not committed any crime while entering on his paspor RI. I understand that many would like to stone him to death, but saying that he would have committed a crime is legally groundless (and therefore dangerous).

So basically his argument boils down to a technicality. There is no decision therefore the Indonesian citizenship is intact? Never mind that neither minister can change the decision, as the decision is automatic.

Maybe this was the advice that Tahar received from the Justice department while he was vetted and the reason he was allowed to become minister in the first place?

This leads to an interesting legal question: If a WNI took another citizenship and no one signs the decision to remove their WNI status, then years later the WNI gives up the other citizenship and return to Indonesia, would this work? Or would Indonesia make them stateless.
 
Aye. I have an Indonesian acquaintance in Australia. He has an Australian passport and an Indonesian passport. Of course he NEVER enters or exits Indonesia with the Australian passport. There are a few Indonesian fugitives (especially from BLBI cases) who have more than one passport. But if/when they are extradited back to Indonesia, no one in Indonesian officialdom says: "You're no longer an Indonesian citizen because you obtained a foreign passport."
 
So basically his argument boils down to a technicality. There is no decision therefore the Indonesian citizenship is intact?
His answer is very Indonesian. He knows it is bullshit but that he is technically right and it allows the government to save face.

This leads to an interesting legal question: If a WNI took another citizenship and no one signs the decision to remove their WNI status, then years later the WNI gives up the other citizenship and return to Indonesia, would this work? Or would Indonesia make them stateless.
By law the Indonesian government can NOT strip an Indonesian of his/her citizenship if the decision of striping him of his/her citizenship as for consequence of making him Stateless.
 
Aye. I have an Indonesian acquaintance in Australia. He has an Australian passport and an Indonesian passport. Of course he NEVER enters or exits Indonesia with the Australian passport. There are a few Indonesian fugitives (especially from BLBI cases) who have more than one passport. But if/when they are extradited back to Indonesia, no one in Indonesian officialdom says: "You're no longer an Indonesian citizen because you obtained a foreign passport."

I'm sure we all know of Indonesians that do that...I know some myself. We even thought of returning to Jakarta and applying there as we wouldn't need to show any other citizenship....but the question being asked is.....is it legal?

I'm watching everybody on TV squirm over this case and hopefully something positive will be the outcome for all the Indonesian diaspora who would like to have dual-nationality.

Re: Atlantis post #61. I understand that UU's change but did the reference to automatically losing RI citizenship, when taking the oath of allegiance to another country, get abrogated?
If that is the case I hope all those affected will inundate the RI Embassies/Consuls with requests to have renewed passports and watch the result of having to go through those motions you describe. I'm already in process to inform three other Indonesians I know in Vancouver who were rejected...same reason as my wife.
 
His answer is very Indonesian. He knows it is bullshit but that he is technically right and it allows the government to save face.

Ah ok...that makes more sense. I wonder if it also saves the face of all the people doing the vetting for this position. I'm sure someone along the way had to do a background check on the guy they are about to hand over the department in charge of most of Indonesia's national resources.

By law the Indonesian government can NOT strip an Indonesian of his/her citizenship if the decision of striping him of his/her citizenship as for consequence of making him Stateless.

Yeah, I thought there was such a provisions. An interesting gamble to take for Indonesians currently abroad with dual nationality who may want to return to Indonesia upon retirement?
 
Re: Atlantis post #61. I understand that UU's change but did the reference to automatically losing RI citizenship, when taking the oath of allegiance to another country, get abrogated?
No need to abrogate it. It has never been a reality. Neither the 1958 nor the 2006 citizenship law have ever made reference to an automatic loss of RI citizenship for taking the oath of allegiance to another country.

For the record, art. 23 UU 12/2006 is as follow:

Warga Negara Indonesia kehilangan kewarganegaraannya jika yang bersangkutan:
a. memperoleh kewarganegaraan lain atas kemauannya sendiri;
b. tidak menolak atau tidak melepaskan kewarganegaraan lain, sedangkan orang yangbersangkutan mendapat kesempatan untuk itu;
c. dinyatakan hilang kewarganegaraannya oleh Presiden atas permohonannya sendiri, yangbersangkutan sudah berusia 18 (delapan belas) tahun atau sudah kawin, bertempat tinggaldi luar negeri, dan dengan dinyatakan hilang Kewarganegaraan Republik Indonesia tidakmenjadi tanpa kewarganegaraan;
d. masuk dalam dinas tentara asing tanpa izin terlebih dahulu dari Presiden;
e. secara sukarela masuk dalam dinas negara asing, yang jabatan dalam dinas semacam itu diIndonesia sesuai dengan ketentuan peraturan perundang-undangan hanya dapat dijabatoleh Warga Negara Indonesia;
f. secara sukarela mengangkat sumpah atau menyatakan janji setia kepada negara asing ataubagian dari negara asing tersebut;
g. tidak diwajibkan tetapi turut serta dalam pemilihan sesuatu yang bersifat ketatanegaraanuntuk suatu negara asing;
h. mempunyai paspor atau surat yang bersifat paspor dari negara asing atau surat yang dapatdiartikan sebagai tanda kewarganegaraan yang masih berlaku dari negara lain atasnamanya; atau
i. bertempat tinggal di luar wilayah negara Republik Indonesia selama 5 (lima) tahun terusmenerusbukan dalam rangka dinas negara, tanpa alasan yang sah dan dengan sengajatidak menyatakan keinginannya untuk tetap menjadi Warga Negara Indonesia sebelumjangka waktu 5 (lima) tahun itu berakhir, dan setiap 5 (lima) tahun berikutnya yangbersangkutan tidak mengajukan pernyataan ingin tetap menjadi Warga Negara Indonesiakepada Perwakilan Republik Indonesia yang wilayah kerjanya meliputi tempat tinggal yangbersangkutan padahal Perwakilan Republik Indonesia tersebut telah memberitahukansecara tertulis kepada yang bersangkutan, sepanjang yang bersangkutan tidak menjaditanpa kewarganegaraan.

As you see, huruf f. is not separated from the rest. It is one of the situation where one may lose RI citizenship status. Now you have to have a look at pasal 30 which states:

Pasal 30
Ketentuan lebih lanjut mengenai persyaratan dan tata cara kehilangan dan pembatalankewarganegaraan diatur dalam Peraturan Pemerintah.

(Further provisions on requirements and procedures for the loss and annulment of Indonesian citizenship will be provided in the relevant Government Regulations.)

It says that there is a PROCEDURE. Nothing automatic as per the urban legend. The loss of a citizenship under Indonesian Law is and has always been followed by a DECISION of the government (Kalau belum dinyatakan hilang oleh pemerintah Indonesia, ya tetap memiliki WNI). It is very simple. There is no room for a secara otomatis under Indonesian Law and anyone who would peddle anything different is invited to open a Law book. It was true under the 1958 citizenship act, it is even more true with the 2006 Citizenship Act).

I understand that for Ultra nationalist someone should lose RI citizenship at the minute he/she sings a song in a foreign language but fortunately lawmakers are a bit more open minded. You see the problem is that so many people, at various level, believe that whatever they think should be the truth and don't hesitate to peddle it.

Should you be interested the relevant Government Regulations is PP 2/2007 and should you read it, you would find out that, as I said in several above posts, there is NO automatic loss of RI citizenship. And there has never been any even prior to UU 6/2011. PROCEDURE, then MINISTERIAL DECISION for a legal loss of Indonesian Citizenship to be completed. In no Indonesian statute one would find that a legal loss of citizenship is achieved automatically by doing this or that.

About your friends in Vancouver: be aware that it is totally possible that the procedure for them has been completed. It's an administrative procedure which doesn't require much paperwork (basically they just need a copy of the foreign passport or any document proving that a second citizenship is held) and the embassy, if it has been informed that they had another citizenship, may well have transmitted a request to Depkumham which processed it. Even if Depkuham should theoretically seek clarifications from the terlapor/reported, it rarely happens, especially if the WNI reside abroad. Then, legally, nothing force Depkumham to informed the terlapor of the decision. From memory, only the Setneg and either the KanWil (if the terlapor reside in Indonesia) or the embassy (if the terlapor reside abroad) is informed.
 
I wonder if it also saves the face of all the people doing the vetting for this position. I'm sure someone along the way had to do a background check on the guy they are about to hand over the department in charge of most of Indonesia's national resources.
Yes, it also does save their face. Come on, Dafluff. You have been here long enough. You know as well as me that no-one will question it and that if questionned, everyone will join the bandwagon and say "As Pak Menteri said, his citizenship was intact". Who is gonna question that? Journalists? :smile: Simple citizen? :smile:
 
I concure with Atlantis 100% on this. I was sent PP 2/2007 by a relitive in the judicial system in Indonesia before my wife visited the Indonesian Consulate. We knew that some of the things we failed to do could in fact lead to her loss of citizenship. mainly, just being late with passport and KTP renewals. We took the law with us and when confronted about her citizenship and her request for a new passport, we pulled it out and asked as to what procedure was followed in order for her to lose her citizenship. In the end she received a travel document to Indonesia and got her new passport and KTP here. They don't like you showing them what the law really is but they have to follow it. Took a while with calls to Indonesia Immigration office in California and the South African Embassy being kind enough to contact the Chicago Indonesian Consulate and explaining it to them.
 
I concure with Atlantis 100% on this. I was sent PP 2/2007 by a relitive in the judicial system in Indonesia before my wife visited the Indonesian Consulate. We knew that some of the things we failed to do could in fact lead to her loss of citizenship. mainly, just being late with passport and KTP renewals. We took the law with us and when confronted about her citizenship and her request for a new passport, we pulled it out and asked as to what procedure was followed in order for her to lose her citizenship. In the end she received a travel document to Indonesia and got her new passport and KTP here. They don't like you showing them what the law really is but they have to follow it. Took a while with calls to Indonesia Immigration office in California and the South African Embassy being kind enough to contact the Chicago Indonesian Consulate and explaining it to them.

I'm sorry but not quite following you. Are you saying your WNI wife has dual-nationality?
 
Very interesting debate currently on TV one (lawyers club) about this case. Seems there is more to meet the eye as there is a suggestion the President was well aware as Luhut Panjaitan wanted this guy as he might help...(who?).

Edit: I cannot understand what they say but my wife is translating.....all I've learned is...if you give an Indonesian a microphone to start speaking...very difficult to get it back....:yawn:
 
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I'm sorry but not quite following you. Are you saying your WNI wife has dual-nationality?

No, what had happened is she lived in another country and did not renew her passport or KTP for almost 20 years. They said she was no longer an Indonesian citizen. We said she was because the procedure wasn't followed removing her from that status.
 
No, what had happened is she lived in another country and did not renew her passport or KTP for almost 20 years. They said she was no longer an Indonesian citizen. We said she was because the procedure wasn't followed removing her from that status.

Ok thanks for that...so she didn't travel for those 20 years. I sometimes wish I hadn't.... would've saved a lot of money...:sad:
 
Ok thanks for that...so she didn't travel for those 20 years. I sometimes wish I hadn't.... would've saved a lot of money...:sad:

The US is a big place with many places to visit. Some of her family visited her. That was good enough for her. She never missed Indonesia for a long long time.

She was also in the US for 30 years and in Hong Kong for the 5 years prior to that. She just decided that she wasn't going to visit any longer.
 
Thanks to Atlantis and others and watching the TV program last night.... it became obvious that many Indonesians, after accepting another citizenship, have been fed B/S by their own government officials.

As Atlantis said, and now clear to me, 'automatic' loss of citizenship is NOT correct as it needs to be promulgated on a Gov't Newsletter.
This was clearly NOT done when my wife applied for a renewal passport at the 'loket' of the RI Consul in Vancouver (I was there). She was asked for a copy of her Canada Landed Immigrant Card, which she could not provide, as she had acquired Canadian Citizenship and the Immigrant Card is returned. She was immediately rejected without any reference to any Gov't Newsletter. I believe this procedure was similar to some of those others we know.

As Atlantis has said it would not take much to promulgate all those who are in the same position....but it may draw more attention to this dilemma of unilateral decision-making without following correct procedures, and, hopefully, spur the Gov't to hasten their position on dual-nationality, as promised, some 2 years ago.

We are pursuing this matter with our agent who has asked for details....I'll report back with any information.
 
Thanks to Atlantis and others and watching the TV program last night.... it became obvious that many Indonesians, after accepting another citizenship, have been fed B/S by their own government officials.

We are pursuing this matter with our agent who has asked for details....I'll report back with any information.
Good luck.
 

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