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Information on Limited Dual Citizenship

Law No. 12/2006 on August 1, 2010 on Immigration issues due to the expiration

  1. Law No. 12/2006 on Limited Dual Citizenship until 18(eighteen) years of age, ended on August 1, 2010.
  2. In transition prior to the latest Immigration Law ratified by the House of Representatives, a child born after August 1, 2006 is able to register to obtain the status “Limited Dual Citizenship until 18 (eighteen) years of age”.
  3. In Law No. 12/2006, must be distinguished:
    • A child born before Law No. 12/2006 enacted.
    • A child born after Law No.12/2006 enacted.

Law No. 12/2006 on Expiration

Born before Law No.12/2006, a child under 18 (eighteen) years of age or unmarried, Article 4 c, d, h, and I and Article 6, needs to be associated with Law No. 62/1958 on Indonesian citizenship which becomes the legal basis for the status of Indonesian Citizenship “group of children” shall be :

  1. A child born to a legitimate marriage of an Indonesian citizen father of a foreign citizen mother, the legal status of the child is Indonesian Citizen.
  2. A child born to an Indonesian citizen mother and a foreign citizen father, the legal status of the child is foreign citizen.

Limited Dual Citizenship

Limited Dual Citizenship according to Law No. 12/2006 Article 4 c, d, h and I, Indonesian Citizen:

  1. A child born from the legitimate marriage of an Indonesian citizen father and a foreign citizen mother; Article 4/c.
  2. A child born from the legitimate marriage of a foreign citizen father and an Indonesian citizen mother; Article 4/d.
  3. A child born out of wedlock of a foreign citizen mother acknowledged by an Indonesian Citizen father as his/her child and who is acknowledged before the child reaches 18 (eighteen) years of age or unmarried; Article 4/h.
  4. A child born outside the territory of the Republic of Indonesia from an Indonesian citizen father and mother, who due to the provision of the state where the child was born is granted citizenship; Article 4/l.

Law No 12/2006

Article 5

  1. An Indonesian citizen child born out of wedlock, who has not reached 18 (eighteen) years of age and unmarried, legitimately acknowledged by his/her foreign citizen father, shall remain acknowledged as an Indonesian Citizen.
  2. An Indonesian citizen child, who has not reached 5 (five) years of age, legitimately adopted as the child by a foreign citizen under the court stipulation shall remain acknowledged as an Indonesian Citizen.

Article 6

  1. In the event that the status of Citizenship of the Republic of Indonesia on a child as referred to in Article 4 c, d, h, and l and Article 5 causes the child to have dual citizenship, after reaching 18 (eighteen) years of age or married, the child must state his/her choice of citizenship.
  2. The statement to choose citizenship as referred to in paragraph (1) shall be made in writing and submitted to the Authorized Official by attaching the documents as provided for in the laws and regulations.
  3. The statement to choose citizenship as referred to in paragraph (2) shall be submitted by no later than 3 (three) years after the said child reaches 18 (eighteen) years of age or married.

Article 41

  • A child born, as referred in Article 4 c, d, h and I and a child acknowledged or adopted legitimately as referred to in Article 5 prior to the promulgation of Law No. 12/2006 and has not yet reached 18 (eighteen) years of age or unmarried shall obtain Indonesian Citizenship hereunder by registering himself/herself to the Minister through the Authorized Official or Representatives of the Republic of Indonesia by no latter than 4 (four) years as from the promulgation of this Law.

Replacement of Indonesian Passport for a child born before August 1, 2006

  1. According to Law No. 62/1958, Article 4, c, in the case of an Indonesian citizen father and a foreign citizen mother, a child since birth has obtained Indonesian citizenship, by record he/she does not have a Limited Dual Citizenship, the passport can be renewed without enclosing a Decree from the Minister of Law and Human Rights on Indonesian Citizenship.
  2. According to Law No. 62/1958, Article 4, in the case of an Indonesian citizen mother and a foreign citizen father, the child is a foreign citizen. By the validity of Law No. 12/2006, Article 41, the child can be a Subject of Limited Dual Citizenship by registering himself/herself to obtain an Indonesian passport by enclosing the Decree from the Minister of Law and Human Rights.
  3. According to Law No. 62/1958, Article 5 (1) and (2), since a child has been legally acknowledged by a foreign father or legally adopted by a foreign citizen, then the child is a foreign citizen. By the validity of Law No. 12/2006, a child can obtain Limited Dual Citizenship by registering himself/herself to become an Indonesian Citizen with Limited Dual Citizenship, and to obtain a regular passport, by enclosing the Decree from the Minister of Law and Human Rights.

The background of the Law No.12/2006 on Indonesian Citizenship

  1. Philosophy and sociology understandings provide a freedom for a child under 18 (eighteen) years of age or unmarried, to have a dual citizenship and when the child turns 18 (eighteen) years of age, he/she has to determine his/her citizenship.
  2. Law No.12/2006 is intended to elaborate Human Rights, in which a child is considered not yet mature by law to determine his/her citizenship status.

Explanation on Law No 12/2006 on a child 18 years of age or married

  1. A child of the subject of the Indonesian Limited Dual Citizenship according to Article 4 c, d, h and l and Article 5, the child has to determine his/her citizenship.
  2. According to Law No.12/2006 a child has to be active to determine:
    • If he/she chooses Indonesian citizenship, it means he/she refuses the foreign citizenship; therefore, the Indonesian regular passport that he/she holds is valid.
    • If he/she does not choose Indonesian citizenship in a timely manner, it means he/she chooses to become a foreign citizen and refuses to be an Indonesian citizen. Therefore, the Indonesian regular passport that he/she holds has to be taken and declared invalid.

You can get this information from:
http://consular.indonesia-ottawa.org/indonesia-citizens/kewarganegaraan/informasi-kewarganegaraan/information-on-limited-dual-citizenship/
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