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Indonesia Facilitates Dual Citizenship Children’s Path to Indonesian Citizenship

In a bid to streamline the naturalization process for children with dual citizenship, Indonesia has introduced new measures to assist those seeking Indonesian citizenship (WNI) status. This initiative primarily targets former dual citizenship holders. The Directorate General of Immigration under the Ministry of Law and Human Rights unveiled these policy adjustments.

Explaining the rationale behind the move, Director of Immigration Residence Permits, Heru Tjondro, highlighted the importance of catering to former dual citizenship holders, given the limited grace period until May 31, 2024.

“Immigration is simplifying the procedure to obtain immigration certificates [SKIM] as one of the prerequisites for Indonesian citizenship. Former dual citizenship holders can now apply electronically. The key requirement is a minimum residency of 5 years in Indonesia, which can be substantiated with a diploma, a letter from the local village office, or an Indonesian passport if available. SKIM applications must be submitted while the applicant is within Indonesia,” Heru stated in an official release on Monday (4/3/2023).

Indonesian Citizenship Regulations

As per Law Number 12 of 2006 concerning Indonesian Citizenship, individuals reaching adulthood (18 years old) or getting married must select a single citizenship, reflecting Indonesia’s adherence to this principle. However, Government Regulation Number 21 of 2022 offers an opportunity for those inadvertently acquiring ‘foreign’ status to reclaim Indonesian citizenship.

This regulation underscores the state’s commitment to safeguarding and supporting individuals at risk of losing Indonesian citizenship due to various circumstances.

Data from the Directorate General of AHU underscores the prevalence of cases where individuals unknowingly lose Indonesian citizenship due to failure to register.

“To address this issue, the state is extending protection to individuals who were previously Indonesian citizens or wish to revert to Indonesian citizenship,” emphasized Baroto.

Dual Citizenship Children

Defined under Article 41 of Law No. 12/2006, dual citizenship children are those who have yet to declare their citizenship by the age of 21, despite being eligible to do so.

Under Government Regulation No. 21/2022, dual citizenship children born and residing in Indonesia, lacking the requisite SKIM documentation, can substitute this requirement with population data issued by local authorities. However, children born abroad and living in Indonesia must still apply for SKIM. Those who registered at immigration offices or Indonesian diplomatic missions abroad between 2006-2010 will be recognized as dual citizenship children until the age of 21. Within the age range of 18-21, they are granted the opportunity to select their citizenship.

“In practice, many former dual citizenship holders have not completed registration procedures. Some have registered but delayed selecting citizenship until after turning 21. Consequently, they inadvertently lose Indonesian citizenship,” Heru clarified.

According to the Director General of Immigration, dual citizenship subjects refer to individuals born between August 1, 1988, and July 31, 2006, who were under 18 when Law No. 12/2006 was enacted.

Criteria for Dual Citizenship Subjects

Article 41 of the Law outlines the criteria for dual citizenship subjects:

  1. Children born to an Indonesian father and a foreign mother in a legal marriage
  2. Children born to a foreign father and an Indonesian mother in a legal marriage
  3. Children born out of wedlock to a foreign mother recognized by an Indonesian father before the child reaches 18 or gets married
  4. Children born abroad to Indonesian parents, granted citizenship by the country of birth
  5. Indonesian children born out of wedlock, under 18 and unmarried, acknowledged by their foreign father;
  6. Indonesian children under 5, legally adopted by a foreign citizen.

Affordable Naturalization for Dual Citizenship Subjects

In addition to providing avenues for former dual citizenship holders to reclaim Indonesian citizenship, Government Regulation No. 21/2022 offers several benefits. These include reduced fees, with only a nominal administrative charge of Rp 5 million (compared to the standard fee of Rp 50 million for naturalization). Additionally, SKIM application requirements are simplified, and processing is expedited by regional Ministry of Law and Human Rights offices.

“Six months may seem fleeting, but let’s capitalize on this opportunity to promptly register for Indonesian citizenship. Once registered, let’s encourage friends, acquaintances, or relatives who have yet to register to reclaim Indonesian citizenship,” urged Baroto, as reported by Tempo.

For those applying for Indonesian citizenship after May 31, 2024, the naturalization process will follow the provisions outlined in Article 8 of Law Number 12 of 2006.