Dual Citizenship Status based on the Laws of the Republic of Indonesia
Those who become Indonesian citizens are the people of the original Indonesian nation and the people of other nations who are legalized by law as citizens. Citizenship of the Republic of Indonesia can only be obtained based on the requirements as specified in Law No. 12 of 2006 concerning the Citizenship of the Republic of Indonesia ("Law No. 12/2006").
Based on Law No. 12/2006, the State of the Republic of Indonesia does not recognize dual citizenship (bipatride) or statelessness (apatride).
The provisions for the exclusion of dual citizenship (bipatride) stipulated in Law No. 12/2006 are only granted to:
- a child born from the legal marriage of an Indonesian citizen father and a foreign citizen mother;
- a child born from the legal marriage of a foreign citizen father and an Indonesian citizen mother;
- a child born outside the legal marriage of a foreign citizen mother recognized by an Indonesian citizen father as his child and the recognition is made before the child is 18 (eighteen) years old or unmarried;
- a child born outside the territory of the Republic of Indonesia to an Indonesian citizen father and mother who due to the provisions of the country in which the child was born grants citizenship to the child concerned;
Children of Indonesian citizens born outside of a legal marriage, not yet 18 (eighteen) years old and unmarried are legally recognized by their father who is a foreign nationality remains recognized as an Indonesian citizen.
Children of Indonesian citizens who are not yet 5 (five) years old are legally appointed as children by foreign nationals based on court determinations are still recognized as Indonesian citizens.
It should be noted that, after after children as declared an exception under the Act. No. 12/2006 aged 18 (eighteen) years or already married the child must declare choosing one of his nationalities.
The statement to choose citizenship is submitted to the Official who holds a certain position appointed by the Minister to deal with the issue of Citizenship of the Republic of Indonesia no later than 3 (three) years after the child is 18 (eighteen) years old or married.
Suria Nataadmadja & Associates
Advocates & Legal Consultants