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Law provides more inclusive definition of being Indonesian

Source
Jakarta Post - July 12, 2006

Hera Diani, Jakarta – The House of Representatives passed a citizenship bill Tuesday which took a step toward ending discrimination against people of Chinese descent. The law allows them to hold several key government posts, including the presidency, which were formerly closed to them.

The law does away with the distinction between "indigenous" and "non-indigenous" Indonesians – long cited as discriminatory by Chinese Indonesians – by redefining "indigenous Indonesian" to include all citizens who never assume foreign citizenship.

The law also allows Indonesian women married to non-Indonesian men to confer their nationality on their children. Previously, children were automatically given the father's nationality.

It gives temporary dual nationality to children born into transnational marriages, and to children of Indonesian couples born in countries that apply the principle of ius soli ("right of soil"), which automatically gives citizenship to anyone born in the country.

When children with dual citizenship reach 18 years old, they will have a maximum of three years to choose one nationality. This aspect of the law is retroactive. "When the child reaches 18 years old, he cannot be indecisive anymore," Justice Minister Hamid Awaluddin told reporters.

The law gives permanent resident status to foreign spouses who remain in the country for five consecutive years or 10 accumulated years and do not wish to obtain Indonesian citizenship.

Interestingly, it also implicitly gives temporary dual citizenship to some people who marry foreigners. It states that Indonesians who marry foreigners could lose their Indonesian citizenship if the spouse's country obliges them to adopt their spouse's citizenship. The Indonesian spouse is given three years to pick either nationality.

Under the law, foreigners who have made significant contributions to the country will be eligible for Indonesian citizenship.

Women's activist and legal expert Nursyahbani Katjasungkana urged Hamid to spread the word about the law immediately, particularly to Indonesian embassies and consulates abroad.

"Government officials should be proactive in finding out about Indonesian citizens living under its jurisdiction. Harsh sanctions should be levied against government officials who do not perform their jobs well," she said during the hearing.

Key elements of the new citizenship law:

  • Revises the definition of 'indigenous Indonesian' to include all citizens who never assume foreign citizenship.
  • Enables women to pass on their citizenship to their children from foreign spouses. Previously, children were automatically given their fathers' nationalities.
  • Allows children of mixed marriages to hold dual citizenship until they reach age 21. When the child turns 18, he or she has three years to choose one nationality.
  • Enables foreign spouses to seek Indonesian citizenship after living here for five consecutive years or 10 accumulated years. Entitles the spouse to permanent residency under the same conditions.
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