Citizenship of the Republic of Indonesia
In view of
Law of the Republic of Indonesia Number 12, Year 2016 on Citizenship of the Republic of Indonesia stipulated in state gazette of the Republic of Indonesia year 2006 number 63 on August 1st, 2006.
Definition of Indonesian citizens
A Citizen of the Republic of Indonesia is
- All persons whom by law and/or based on agreements between the Government of the Republic of Indonesia and other countries prior to the application of this Decree have already become citizens of the Republic of Indonesia;
- Children born through legal wedlock from an Indonesian father and mother;
- Children born through legal wedlock from an Indonesian father and an alien mother;
- Children born through legal wedlock from an alien father and an Indonesian mother;
- Children born through legal wedlock from an Indonesian mother and a stateless father or whose country does not provide automatic citizenship to their offspring;
- Children born within 300 (three hundred) days after the father has passed away, under legal wedlock, and whose father is an Indonesian citizen;
- Children born out of legal wedlock from an Indonesian mother;
- Children born out of legal wedlock from an alien mother who is claimed by the Indonesian father as his natural child and such claim is declared before the child reaches the age of 18 (eighteen) or before the child has married;
- Children born in Indonesian territory whose parents are of undetermined citizenship at the time of the child’s birth;
- Children newly born and found in Indonesian territory and whose parents are undetermined;
- Children born in Indonesian territory whom at the time of birth both parents were stateless or whose whereabouts are undetermined;
- Children born outside the Republic of Indonesia from an Indonesian father and mother whom due to law prevailing in the country of birth automatically provides citizenship to the child;
- Children born from a father and mother who was granted citizenship and died before the parents had sworn their allegiance.
In addition, one continues to be considered to be a citizen of the Republic of Indonesia. when
- Children of Indonesian Citizens born out of legal wedlock, under the age of 18 (eighteen) and are unmarried who are legally acknowledged by their alien father;
- Indonesian citizen children under the age of 5 (five) who are legally adopted by foreign citizens through legal proceedings.
Indonesian citizenship can also be acquired as follows
- Children below the age of 18 (eighteen) or unmarried who are present and living in Indonesian territory, born from parents who have acquired Indonesian citizenship shall automatically become citizens of the Republic of Indonesia;
- Children of foreign nationalities below the age of 5 (five) who are adopted through legal proceedings as children of Indonesia citizens will thereby acquire Indonesian citizenship.
Besides the statement above, citizenship of the Republic of Indonesia may be acquired through naturalization. Foreign applicant who legally married with an Indonesian citizen and has resided in Indonesian territory for at least 5 (five) consecutive years or at least 10 (ten) years intermittently is eligible to acquire Indonesian citizenship by stating their intention to become an Indonesian citizen in front of an Official. The acquisition of Indonesian citizenship through naturalization shall not result in double citizenship of the applicants.
Limited Double Citizenship (Bipatride)
Regarding children with double citizenship based on the criteria above, the child must choose one citizenship upon reaching the age of 18 (eighteen) or upon marriage. The decision to choose one of the citizenships shall be made in writing within 3 (three) years after the child has reached the age of 18 (eighteen) or the child has married (Article 60, Government Ordinance Nr. 2 Year 2007). Failure to submit the written statement of the decision choosing citizenship of the Republic of Indonesia (incl. applicant’s negligence), an Indonesian citizen will lose his/her citizenship upon reaching the age of 21 (twenty one) or 3 (three) years upon marriage. He or she is required to return all court decision documents or other certificates that prove his or her identity as a citizen of the Republic of Indonesia to the nearest representative of the Republic of Indonesia within 14 (fourteen) work days since the date of loss of Indonesian citizenship (s. Article 65, Government Ordinance Nr. 2 Year 2007).
Losing of Indonesian citizenship
An Indonesian citizen will lose their citizenship due to the following:
- Acquires another citizenship voluntarily;
- Will not refuse or will not relinquish other citizenship when the incumbent has the opportunity to do so;
- Is declared of having relinquished their citizenship by the President at their voluntary request, the person is aged above 18 (eighteen) or has married, is living abroad, and with the relinquishment of their citizenship does not become stateless because of it;
- Has entered into foreign military service without prior approval from the President; (not applicable to those who are pursuing education in other countries which applies military service as a compulsory requirement);
- Has voluntarily entered into the services of foreign entities in a position where by law, such a position in Indonesia is only reserved for citizens of the Republic of Indonesia;
- Has voluntarily declared allegiance to a foreign country or part of the said foreign country;
- Was not obligated but has voluntarily participated in a referendum that is civic in nature for a foreign country;
- Possesses a passport or travel document equivalent to a passport from a foreign country or a letter that may be construed as a valid citizenship identity from another country on his or her name;
- Living outside the territories of the Republic of Indonesia for 5 (five) consecutive years for non-official purposes, without legal reason and deliberately refuses to declare their intention to remain as Indonesian citizens before the 5 (five) year limit ends, and in each of the next 5 (five) years the said person fails to declare their intention of retaining their citizenship to the Indonesian Representative Offices in which the said person’s residence is under 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.
Loss of Indonesian citizenship is also applicable through a result of the marriage union by the naturalization law of the foreign citizen’s country. To retain their Indonesian citizenship, Indonesian citizen as stipulated above may submit a letter stating their preference to the Official or to the Embassy of Indonesia whose jurisdiction covers the domicile of the said foreign citizen above, unless such statements will result in double citizenship of the applicants.
Requirements and Procedures for Regaining Citizenship of the Republic of Indonesia
A person who has lost their Indonesian citizenship may regain their citizenship through a naturalization process. For those who have lost their Indonesian citizenship due to a marriage or by living outside the territories of the Republic of Indonesia for 5 consecutive years, may regain their Indonesian citizenship by following the procedures for regaining citizenship of the Republic of Indonesia.