Steps for a dual citizen below 21, having been living in Indonesia since birth, to go abroad with his foreign passport (empty of stamps)

[marcus]

From //kanimbatam.kemenkumham.go.id/page/penyampaian-pernyataan-memilih-kewarganegaraan-bagi-anak-berkewarganegaraan-ganda
Title : Submission of a statement of choice of citizenship for Dual Citizenship Child , Jan 2021 - free translation

... Submission of the Declaration of Choice of Citizenship can be made in Indonesia (at the Regional Office of the Ministry of Law and Human Rights or an Immigration Office) or outside Indonesia (at an Indonesian Representative Office or another location designated by the Minister)...

The Declaration of Choice of Citizenship of the Republic of Indonesia for Applicants is made upon application. The application referred to is submitted to the Minister by completing the Declaration of Choice of Citizenship of the Republic of Indonesia format and is subject to a fee in accordance with the provisions of the laws and regulations on non-tax state revenue applicable at the Ministry of Law and Human Rights.

a) The Declaration of Choice of Citizenship of the Republic of Indonesia format contains ...

b) Submission of a Declaration of Choice of Foreign Citizenship
Children with Limited Dual Citizenship who choose foreign citizenship must submit a declaration of choice by completing the Declaration of Choice of Citizenship Form (Declaration Letter for Relinquishing Indonesian Citizenship).
The Declaration of Choice of Foreign Citizenship for Children with Limited Dual Citizenship must be submitted to the Official or Representative of the Republic of Indonesia whose jurisdiction covers the child's residence.
The Declaration of Choice of Citizenship Form must be accompanied by:
1. A Republic of Indonesia Passport for those who have one;
2. Affidavit; and/or
3. An excerpt of the Decree of the Minister of Law and Human Rights establishing the Citizenship of the Republic of Indonesia for a Child with Limited Dual Citizenship born before August 1, 2006.
If the Statement of Choice of Foreign Citizenship is submitted to the Representative of the Republic of Indonesia, the Head of the Representative of the Republic of Indonesia is obliged to:
1. receive the return of an excerpt of the Decree of the Minister of Law and Human Rights concerning the Citizenship of the Republic of Indonesia from the Child with Limited Dual Citizenship;
2. revoke the Affidavit held by the Child with Limited Dual Citizenship and submit it to the Director General of Immigration;
3. revoke the Passport of the Republic of Indonesia for those who hold it;
4. update their data as a foreign national.

 

[marcus]

PerMen no.M.HH-19.AH.10.01 Year 2011 - free translation
Article 2
(1) Children with dual citizenship ... within a maximum of 3 years after reaching 18 y.o. or after marriage, must declare their choice of citizenship.
(2) The Declaration of Choice of Citizenship as referred to in paragraph (1) is made to choose Indonesian citizenship or foreign citizenship.

Article 4
(1) Submission of the Declaration of Choice of Citizenship as referred to in Article 2 may be made within Indonesia or outside Indonesia.

Article 5
Children with dual citizenship who choose Indonesian citizenship must ...

Article 18
Children with dual citizenship who choose foreign citizenship must submit a statement of choice by completing the Declaration of Choice of Citizenship form as set out in Attachment I of this Ministerial Regulation.

Article 19
(1) The Declaration of Choice of Foreign Citizenship for children with dual citizenship as referred to in Article 18 must be submitted to the Immigration Office or Embassy/Consulate that covers the child's residence. :

Article 20
(1) The Declaration of Choice of Citizenship form as referred to in Article 18 must be accompanied by:
a. Indonesian passport for those who hold one;
b. Affidavit; and/or
c. An excerpt of the Decree of the Minister of Law and Human Rights establishing the Indonesian citizenship for children with dual citizenship born before August 1, 2006.
(2) In addition to completing the Declaration of Choice of Citizenship form as referred to in Article 18, statements of choice submitted to the head of the immigration office must also:
a. complete the immigration document application form in accordance with statutory provisions; and
b. attach the foreign passport held.

Article 21
If the Declaration of Choice of Foreign Citizenship is submitted to the Indonesian Embassy/Consulate as referred to in Article 19 paragraph (1), the Head of the Indonesian Representative Office is obliged to:
a. receive the return of the excerpt of the Decree of the Minister of Law and Human Rights concerning the Indonesian Citizenship from the child with dual citizenship;
b. revoke the Affidavit held by the child with dual citizenship and submit it to the Director General of Immigration;
c. revoke the Indonesian passport for those who hold it; and
d. updating data as a foreign citizen if the information system at the Indonesian Representative Office has been integrated with the immigration management information system at the Directorate General of Immigration.

Article 22
If the Statement of Choice of Foreign Citizenship is submitted at a location other than that designated by the Minister, the Official as referred to in Article 19 paragraph (2) letter a is obliged to:
a. receive the return of an excerpt of the Decree of the Minister of Law and Human Rights concerning Indonesian Citizenship from the child with dual citizenship;
b. revoke the Affidavit held by the child with dual citizenship and submit it to the Director General of Immigration;
c. revoke the passport of the Republic of Indonesia for those who hold one; and
d. updating data as a foreign citizen if the information system at another location designated by the Minister has been integrated with the immigration management information system at the Directorate General of Immigration.

Article 23
If a Statement of Choice of Foreign Citizenship is submitted to an Immigration Office, its Head is obliged to:
a. receive the return of an extract of the Decree of the Minister of Law and Human Rights concerning Citizenship of the Republic of Indonesia from a child with dual citizenship;
b. revoke the Affidavit held by the child with dual citizenship and submit it to the Director General of Immigration;
c. revoke the Republic of Indonesia passport of the person holding it;
d. update the data as a foreign citizen in the immigration management information system; and
e. issue immigration documents in the form of an ITAP/Permanent Residence Permit.

Article 24
Submission of a Statement of Choice of Foreign Citizenship at an Immigration Office is based on the principle of domicile or residence ...


Annex to the PerMen :
Attachment I

FORMULIR PERNYATAAN MEMILIH KEWARGANEGARAAN
Lampiran : 1 (satu) Berkas ..., ...
Perihal : Pernyataan Memilih Kewarganegaraan
Yth, Kepala Kantor Wilayah Kementerian Hukum dan Hak Asasi
Manusia .../Kepala Kantor Imigrasi .../Kepala Perwakilan
Republik Indonesia .../Konsulat Jenderal Republik Indonesia
.../Konsulat ...*)
di -
...
Merujuk pada Pasal 6 Undang-Undang Nomor 12 Tahun 2006 tentang
Kewarganegaraan Republik Indonesia serta Pasal 60 dan Pasal 65 Peraturan Pemerintah Nomor 2 Tahun 2007 tentang Tata Cara Memperoleh, Kehilangan, Pembatalan, dan Memperoleh Kembali Kewarganegaraan Republik Indonesia, bersama ini dengan hormat
saya:
N a m a : ... (Lk/Pr)*)
Tempat/Tanggal Lahir : ..., ...
Kewarganegaraan : ... dan ... **)
A l a m a t : ...
Orang Tua : 1. Ayah:
n a m a : ...
kewarganegaraan : ...
2. Ibu:
n a m a : ...
kewarganegaraan :...
Paspor No. : 1. Paspor Republik Indonesia: ***)
nomor ...
diterbitkan di ...
berlaku sampai dengan …
2. Paspor Kebangsaan …***)
nomor ...
diterbitkan di ...
berlaku sampai dengan …
Status Perkawinan : Kawin/Belum Kawin*)
(Affidavit) Kewarganegaraan
Ganda Terbatas : Nomor ..., diterbitkan di ...
SK WNI : Nomor ..., ditetapkan tanggal ...
****)
dengan ini menyampaikan pernyataan untuk memilih Kewarganegaraan Republik
Indonesia/memilih kewarganegaraan asing.*)
Saya menyadari sepenuhnya konsekuensi akibat hukum dengan penyampaian
pernyataan memilih yang disampaikan, dan akan tunduk pada ketentuan peraturan
perundang-undangan.
Demikian penyampaian pernyataan memilih kewarganegaraan ini disampaikan,
atas perhatiannya diucapkan terima kasih.
Yang menyampaikan
pernyataan,
(...)
keterangan:
 isi data secara benar dan lengkap;
 tanda:
*) sesuaikan dengan pilihan;
**) diisi kedua-duanya, contoh: Indonesia dan Belanda;
***) bagi yang memiliki salah satu ataupun kedua-duanya;
****)bagi yang telah mendapatkan Keputusan Kewarganegaraan Republik Indonesia.
catatan untuk pencetakan/pengetikan formulir penyampaian
pernyataan memilih kewarganegaraan:
 formulir dicetak dengan jenis huruf Tahoma, ukuran 11,5 - 12;
 ukuran kertas Folio (F4).
materai
10'000

 

[marcus]

... I know it is not possible just to exit Indonesia with an empty foreign passport ... But what is the strict minimum needed to do so (what does he have to show to the airport immigration officer to be permitted to embark ?)...

Just to be 100% sure I would ask Immigration , but after reading the related rules , I didn't see anything there that would prevent your son to leave Indonesia with this new foreign passport before he completes 21 y.o. as he can later present his citizenship's choice abroad .
If he brings the document(s) to prove he has dual citizenship , the officer at the airport can understand the absence of an Indonesian Stay Permit in his foreign passport .

Making his choice officially now in Indonesia will be more complicated , in my view .

 

[wildisthewind]

Thank you all for all these information. The person concerned, living in Jember, went to the local immigration office and got said he has to start the process of loosing WNI in Surabaya, at the MenHUMKam office... This is far from the official information given in the message above. Is it possible to start the process at the immigration office in Bali for example as the one in Jember seems unable to handle it?

 

[john madden]

Thank you all for all these information. The person concerned, living in Jember, went to the local immigration office and got said he has to start the process of loosing WNI in Surabaya, at the MenHUMKam office... This is far from the official information given in the message above. Is it possible to start the process at the immigration office in Bali for example as the one in Jember seems unable to handle it?

I've only been to a handful of Kantor imigrasi, but Jember ranks low among them for reliability of advice. Cue Nicho.

 

[marcus]

... The person concerned, living in Jember,

For an official process he will need to deal with the "Kantor Imigrasi" of the city that issued his present KTP (or its Province's Kantor Wilayah) , independently of where he really lives .

went to the local immigration office and got said he has to start the process of loosing WNI in Surabaya, at the MenHUMKam office... This is far from the official information given in the message above.

It is probably not wrong because Batam's Kantor Imigrasi information (post no.21) also mentions it : " at the Regional Office of the Ministry of Law and Human Rights or an Immigration Office" + the form for the "Statement of Choice of Foreign Citizenship" in the Attachment I of the Regulation (post no.22) also mentions this possibility : "Yth, Kepala Kantor Wilayah Kementerian Hukum dan Hak Asasi Manusia .../Kepala Kantor Imigrasi .../Kepala Perwakilan Republik Indonesia .../Konsulat Jenderal Republik Indonesia.../Konsulat .." .

Is it possible to start the process at the immigration office in Bali for example as the one in Jember seems unable to handle it?

According to Article 24 (post no.22 above) : Submission of a Statement of Choice of Foreign Citizenship at an Immigration Office is based on the principle of domicile or residence ...

And in Indonesia , the official residence address is in the KTP .

----------------------------------------------------------

Regardless of the above , adding to what I said in post 23 , I suggest him to focus on the option to leave Indonesia before officially define his citizenship . So he better ask the Immigration officers at an international airport like Surabaya , Jakarta , Bali , .. (preferably the airport that he wanted to use to leave Indonesia) .

Choosing to officially define his citizenship now in Indonesia would mean doing : its main process + KITAP process (see Article 23 in post no.22 above) + EPO (to cancel the KITAP) process or the need to return to Indonesia within 1 year .

 

[wildisthewind]

Regardless of the above , adding to what I said in post 23 , I suggest him to focus on the option to leave Indonesia before officially define his citizenship . So he better ask the Immigration officers at an international airport like Surabaya , Jakarta , Bali , .. (preferably the airport that he wanted to use to leave Indonesia) .

This is what I thought as well, that's why I turned my thread the way I turned it: what should he say, show, to the immigration officer at the airport when he leaves without having defined before hand his citizenship ?... How to ask the immigration officers at the airport without being a passenger and risking to loose the flight ticket ?...

 

[wildisthewind]

Just to be 100% sure I would ask Immigration , but after reading the related rules , I didn't see anything there that would prevent your son to leave Indonesia with this new foreign passport before he completes 21 y.o. as he can later present his citizenship's choice abroad .
If he brings the document(s) to prove he has dual citizenship , the officer at the airport can understand the absence of an Indonesian Stay Permit in his foreign passport .

Making his choice officially now in Indonesia will be more complicated , in my view .

I just read this message, now, sorry Marcus. For some reason it went under my nose without me noticing, really sorry. And a big thank you for your recommendations...

For an official process he will need to deal with the "Kantor Imigrasi" of the city that issued his present KTP (or its Province's Kantor Wilayah) , independently of where he really lives .

It is probably not wrong because Batam's Kantor Imigrasi information (post no.21) also mentions it : " at the Regional Office of the Ministry of Law and Human Rights or an Immigration Office" + the form for the "Statement of Choice of Foreign Citizenship" in the Attachment I of the Regulation (post no.22) also mentions this possibility : "Yth, Kepala Kantor Wilayah Kementerian Hukum dan Hak Asasi Manusia .../Kepala Kantor Imigrasi .../Kepala Perwakilan Republik Indonesia .../Konsulat Jenderal Republik Indonesia.../Konsulat .." .

According to Article 24 (post no.22 above) : Submission of a Statement of Choice of Foreign Citizenship at an Immigration Office is based on the principle of domicile or residence ...

And in Indonesia , the official residence address is in the KTP .

----------------------------------------------------------

Regardless of the above , adding to what I said in post 23 , I suggest him to focus on the option to leave Indonesia before officially define his citizenship . So he better ask the Immigration officers at an international airport like Surabaya , Jakarta , Bali , .. (preferably the airport that he wanted to use to leave Indonesia) .

Choosing to officially define his citizenship now in Indonesia would mean doing : its main process + KITAP process (see Article 23 in post no.22 above) + EPO (to cancel the KITAP) process or the need to return to Indonesia within 1 year .

As far as I know my son should have an affidavit in his foreign passport so to be able to leave Indonesia but affidavit is not given anymore after you turn 18. And as he turned already 20 the immigration would not provide him a new RI passport without having renounced his foreign citizenship before hand... But in practice I wonder, because it would mean that for any reason (visit of a sick relative abroad, or a funeral...) my son is stuck In Indonesia as long he has not gone the long road Choice of Citizenship, ITAP, EPO... There is no bad intention, my son would gladly deal with an Indonesian Embassy abroad to loose his Indonesian citizenship, but to wait for long months in Indonesia and having to do an ITAP, just to cancel it by EPO after it is provided, is quite absurd.

 

[Helpful Herbert]

Have you explained to him the implications of giving up his Indonesian citizenship? Eg can't work in Indonesia, can't own property in Indonesia, can't pass on nationality to his kids (depending on which home country), will always need a sponsor to get a visa etc. etc Unless he's actually planning to move permanently abroad then it doesn't seem like a great decision.

 

[wildisthewind]

Have you explained to him the implications of giving up his Indonesian citizenship? Eg can't work in Indonesia, can't own property in Indonesia, can't pass on nationality to his kids (depending on which home country), will always need a sponsor to get a visa etc. etc Unless he's actually planning to move permanently abroad then it doesn't seem like a great decision.

He decided to move permanently abroad (his two siblings decided otherwise). He is absolutely fed up to be called Bule (wherever he goes, multiple times per day) even though he is Indonesian and 100 percent lived like a "pribumi "for the last ten years in a village near Jember... What could anybody say ? Is it not a good reason?
If he would choose to renounce his foreign nationality, he would still not be able to travel abroad as long the process is not ended with a SK Penetapan WNI (around 1 year all in all, around 10 months process in France...). The thing is that he is stuck in Indonesia whatever his choice of citizenship would be, because he is over 20 (no affidavit given, no new RI passport given...).

 

[Shadrach]

He decided to move permanently abroad (his two siblings decided otherwise). He is absolutely fed up to be called Bule (wherever he goes, multiple times per day) even though he is Indonesian and 100 percent lived like a "pribumi "for the last ten years in a village near Jember... What could anybody say ? Is it not a good reason?
If he would choose to renounce his foreign nationality, he would still not be able to travel abroad as long the process is not ended with a SK Penetapan WNI (around 1 year all in all, around 10 months process in France...). The thing is that he is stuck in Indonesia whatever his choice of citizenship would be, because he is over 20 (no affidavit given, no new RI passport given...).

Why does he live in places where People call him Bule several times a day? He should move to a tourist village where the people are more educated and used to bules and mixed race people!

 

[marcus]

... How to ask the immigration officers at the airport without being a passenger and risking to loose the flight ticket ?...

I am not sure but I think you can talk to them without having a flight ticket . If not face-to-face , you can contact them by WA , email , ... For example for the Jakarta's airport : from https://soekarnohatta.imigrasi.go.id/

Office address​

Jl. Soekarno-Hatta International Airport (Office Complex), Tangerang, Banten, 19110

E-mail​

[email protected]

Telephone​

0811-8337-004

WhatsApp​

0811-8337-004

 

[wildisthewind]

Why does he live in places where People call him Bule several times a day? He should move to a tourist village where the people are more educated and used to bules and mixed race people!

He didn't choose his Indonesian home, he was a child and then a teen... But yes you are right, depending of where you live in Indonesia the problem of being a "mix child" is big or small. Anyway, you can not change the past, it is what it is, damage done.

 

[Shadrach]

He didn't choose his Indonesian home, he was a child and then a teen... But yes you are right, depending of where you live in Indonesia the problem of being a "mix child" is big or small. Anyway, you can not change the past, it is what it is, damage done.

This is an unfortunate situation many of us had to face in our lives. But, if he is willing, and able to financially, then he should find a new home where he won't find so much animosity towards him. How is it possible he can live in Indonesia without citizenship? You say , No affidavit given, then what is the Indonesian Government going to do with him? He cannot be kept a Prisoner stuck in Limbo Forever!

 

[pantaiema]

In my personal view, post #32 could be a sensible choice. A riskier alternative would be to simply show up at the airport, not with his Indonesian passport, but instead using a blank British passport. However, this comes with the risk of being denied departure and potentially losing his flight ticket.

If questioned about the lack of entry/exit stamps in the British passport, he may need to explain that he is currently under 21yo, and up until now has held dual citizenship, including an Indonesian passport. He could further clarify that he’s choosing to depart using his British passport this time because, upon returning to Indonesia, he will already be over 21 the age at which he knows he will lose his Indonesian citizenship. He might also say that he intends to formally renounce his Indonesian nationality at the Indonesian Embassy once he's settled in the UK. When he returns to Indonesia later, as someone over 21, he wants to avoid complications with immigration when entering Indonesia with a British passport.

How does that sound? Keep in mind this is just my personal opinion. I haven’t heard of anyone actually doing this before. It’s crucial he understands that if he chooses this route, it’s entirely at his own risk.

As with many things in Indonesia, you often don’t get a definitive answer until you’re actually at the border control dealing with particular immigration officers in the airport. It's not unusual for officials to have varying interpretations of the rules and regulations.

Whatever he decides, please share the experience in here so people could also learn it.

 

[Helpful Herbert]

Turning up with a blank British passport when he is French would certainly be likely to get him arrested!

 

[wildisthewind]

Turning up with a blank British passport when he is French would certainly be likely to get him arrested!

I guess he meant with his foreign passport whatever it is...

 

[pantaiema]

Turning up with a blank British passport when he is French would certainly be likely to get him arrested!

Sorry I may have misread somewhere and assumed he was a British citizen. In any case, this situation also applies to citizens of other countries that permit dual nationality.

In such cases, the risk of being detained is essentially the same, whether you show up at the airport with a foreign passport or go to the local immigration office.

 

[wildisthewind]

In my personal view, post #32 could be a sensible choice. A riskier alternative would be to simply show up at the airport, not with his Indonesian passport, but instead using a blank British passport. However, this comes with the risk of being denied departure and potentially losing his flight ticket.

If questioned about the lack of entry/exit stamps in the British passport, he may need to explain that he is currently under 21yo, and up until now has held dual citizenship, including an Indonesian passport. He could further clarify that he’s choosing to depart using his British passport this time because, upon returning to Indonesia, he will already be over 21 the age at which he knows he will lose his Indonesian citizenship. He might also say that he intends to formally renounce his Indonesian nationality at the Indonesian Embassy once he's settled in the UK. When he returns to Indonesia later, as someone over 21, he wants to avoid complications with immigration when entering Indonesia with a British passport.

How does that sound? Keep in mind this is just my personal opinion. I haven’t heard of anyone actually doing this before. It’s crucial he understands that if he chooses this route, it’s entirely at his own risk.

As with many things in Indonesia, you often don’t get a definitive answer until you’re actually at the border control dealing with particular immigration officers in the airport. It's not unusual for officials to have varying interpretations of the rules and regulations.

Whatever he decides, please share the experience in here so people could also learn it

My son didn't get clear information till he went today to the Head Quarter of AHU in Jakarta. They told him he can leave Indonesia with his new foreign passport because he already got an affidavit that just needs to be renewed. Then my son contacted the immigration of Jakarta's airport (big thanks to Marcus to have given that idea) which confirmed what AHU said. Neither the immigration offices of Jember, South Jakarta and Denpasar indicated such a road, which is much more easy and avoids any "limbo" in my son's status regarding Indonesian laws. So it looks that the difficulties of my son were because of suppressed (deliberately or not) information. I can add that I went myself to the immigration office in Denpasar and that I was not given such information at all (at the counter and by WA). Let's see how it turns out, the French passport is still under process and he should be able to renew his affidavit when he got his new foreign passport in his hands. I hope his experience will help others, I guess it will. Thanks for everybody having commented this thread as it gave some energy in opening a path into the Indonesian administration jungle (the kind of jungle you may encounter in most of the countries in the world, including France by the way).

 

[pantaiema]

My son didn't get clear information till he went today to the Head Quarter of AHU in Jakarta. They told him he can leave Indonesia with his new foreign passport because he already got an affidavit that just needs to be renewed.

I think what’s causing confusion here is that you haven’t clearly and confidently stated that you have seen he actually has an affidavit on his passport. In post #27, you wrote: ‘As far as I know, my son SHOULD have an affidavit in his foreign passport to be able to leave Indonesia, but the affidavit is no longer issued after turning 18.’ This wording suggests uncertainty and doesn’t confirm that you’ve personally seen the affidavit in his passport. The affidavit stamp on the passport should look like this. But AFAIK the affidavit in the current form is not stamped on the passport anymore but given as a card or letter. Also there is no expire date for affidavit (see example on the pictures), so once you get there is no need for renewal as it is valid until the children turn to be 21yo.