Jumat, 15 Oktober 2021

How to Obtain Indonesian Citizenship?

(iStock)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the Hukumindo.com platform has discussed about "Knowing KITAS (Limited Stay Permit Card) In Indonesia", "First Legal Aid When a Foreigners Arrested By The Police", read also: "How to Open a Police Report in Indonesia?", and on this occasion will be discussed about the issue How to Obtain Indonesian Citizenship?

Definition of Citizen according to Indonesian Law

In addition to being regulated in Article 26 of the 1945 Constitution, citizens are also regulated in Law Number: 12 of 2006 concerning Citizenship of the Republic of Indonesia. The following is the definition of a citizen according to the law as stated in Article 4 letter "a" (most relevant to this article):[1]
  • 'Any person based on laws and/or based on an agreement between the Government of the Republic of Indonesia with other countries prior to the enactment of this Law has become an Indonesian citizen';
This means, in this article, it is assumed that you are a foreign citizen who wishes to acquire Indonesian citizenship. And based on the provisions of Article 4 letter "a" Law Number: 12 of 2006 concerning Citizenship of the Republic of Indonesia above, as far as it fulfills the legal provisions governing it, it is legal to obtain Indonesian citizenship. The phrase 'based on laws' above, is in line with the meaning of as long as it fulfills the applicable legal provisions, then translated through the requirements and procedures as follows.

Requirements to be an Indonesian Citizen

The requirements for obtaining Indonesian Citizens, as regulated in Article 9 of Law Number: 12 of 2006 concerning Citizenship are:[1]
  1. 18 years old or married (even if they are not yet 18 years old);
  2. At the time of submitting the application, have lived in Indonesia for 5 consecutive years or 10 non-consecutive years;
  3. Physically and mentally healthy;
  4. Able to speak Indonesian and recognizes the state foundation of "Pancasila" and the 1945 Constitution;
  5. Never been sentenced to a criminal sentence/imprisonment for being proven guilty of a crime/crime punishable by imprisonment of 1 year or more;
  6. Obtaining Indonesian citizenship does not result in dual citizenship, because it is not recognized in the Indonesian legal system. In other words, the citizenship status of other countries must be relinquished;
  7. Have a job or have a steady income;
  8. Paying money/citizenship fees to the State Treasury. For further information regarding the amount of this fee, please contact the nearest Indonesian Immigration Office.
In addition to the 8 conditions mentioned above, logically someone who will apply to obtain the status of an Indonesian citizen must not be in a condition that is not permitted by Law Number: 12 of 2006 concerning Citizenship, such as being in military service or a civil servant in another country. 

Procedure for Becoming an Indonesian Citizen

The procedure for becoming an Indonesian citizen is as regulated in Articles 10-18 of Law Number: 12 of 2006 concerning Citizenship, namely:[2]
  1. The application is submitted in writing in (bahasa) Indonesian on paper with the seal of the Republic of Indonesia, addressed to the President of the Republic of Indonesia through the Minister of Law & Human Rights, and submitted to the relevant Immigration Officer;
  2. If the application is submitted abroad, the application can be made through the Embassy of the Republic of Indonesia in the country concerned and will be forwarded to the Minister of Law & Human Rights;
  3. The Minister of Law & Human Rights will forward the application to the President of the Republic of Indonesia no later than 3 (three) months from the date of receipt of the application, accompanied by various considerations;
  4. The President of the Republic of Indonesia may accept or reject the application;
  5. If accepted, a Presidential Decree (Keppres) of the Republic of Indonesia will be issued no later than 3 (three) months from the receipt of the application and will be submitted to the person concerned no later than 14 (fourteen) days from the date of the Presidential Decree;
  6. If the application is rejected, the Minister of Law & Human Rights will notify the person concerned no later than 3 (three) months from the receipt of the application, along with the reasons for the rejection;
  7. The Embassy of the Republic of Indonesia abroad will summon the applicant to take an oath or pledge allegiance to the Unitary State of the Republic of Indonesia no later than 3 (three) months after the Presidential Decree was sent to the person concerned. In this case, the Presidential Decree will be effective as of the date of taking the oath or statement of promise;
  8. If at the time of taking the oath or statement of promise it turns out that the applicant is not present without a valid reason, then the Presidential Decree will automatically be deemed null and void;
  9. After taking the oath or statement of promise, the applicant is required to submit his/her immigration documents/letters to the Embassy of the Republic of Indonesia within a period of no later than 14 (fourteen) days;
  10. Copies of the Presidential Decree and Minutes of the Oath-taking/Statement of Promise are valid evidence of the acquisition of Indonesian Citizen status for the person concerned. In this case, the Minister of Law & Human Rights will announce the name concerned as a legal Indonesian citizen through the State Gazette of the Republic of Indonesia.​
The procedure referred to in numbers 1 to 10 above is called ordinary naturalization. In addition to naturalization in general, Article 20 of Law Number 12 of 2006 concerning Citizenship also regulates naturalization in a special way. The requirement to become an Indonesian citizen by means of special naturalization, which refers to foreign nationals who have rendered services to the Republic of Indonesia or for reasons of state interest after obtaining consideration from the state institution, the House of Representatives of the Republic of Indonesia. However, if the foreigner who applies for the Special Naturalization will later cause him to have dual citizenship, then the naturalization will not be granted.[3] 

In practice, naturalization is preferentially given to many athletes as a shortcut to defend a country in a sporting event. This also happened in Indonesia. For example, a soccer player born in Brazil was then naturalized to become an Indonesian citizen. This special naturalization process instantly entitles a person to defend a new country that has naturalized him in international sporting events. 

There is also a topic regarding the technical contents of the application letter to obtain Indonesian citizenship and its attachments, which will be discussed on another occasion. If you have any issue to Obtain Indonesian Citizenship, contact us, feel free in 24 hours, we will be glad to help you.


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Subdistrict, West Jakarta,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Warga Negara: Pengertian, Syarat, dan Tata Cara Memperoleh Kewarganegaraan", www.detik.com, Penulis: Kristina, Rabu, 08 Sep 2021, diakses pada tanggal 15 Oktober 2021, https://www.detik.com/edu/detikpedia/d-5714082/warga-negara-pengertian-syarat-dan-tata-cara-memperoleh-kewarganegaraan.
2. "Memperoleh Kembali Kewarganegaraan RI", Kedutaan Besar Republik Indonesia Di Dili Republik Demokratik Timor-Leste, diakses pada tanggal 15 Oktober 2021, https://kemlu.go.id/dili/id/pages/memperoleh_kewarganegaraan_ri_/1771/etc-menu
3. Ibid.
4. "Cara dan Syarat-Syarat Menjadi Warga Negara Indonesia atau WNI", tirto.id., diakses pada tanggal 15 Oktober 2021, https://tirto.id/cara-dan-syarat-syarat-menjadi-warga-negara-indonesia-atau-wni-ghnS
5. Law Number: 12 of 2006 concerning Citizenship.

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