Kamis, 02 Juni 2022

Does Indonesia Implementing Citizenship By Investment?

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

Previously, the www.hukumindo.com platform has talk about "Stages of Obtaining Indonesian Citizenship", you may read also "How to Obtain Indonesian Citizenship?" and on this occasion we will discuss about 'Does Indonesia Implementing Citizenship By Investment?'.

One of the www.hukumindo.com netizens from abroad asked:"Like most of the countries, does Indonesia have Citizenship by Investment. Now USA, Turkey, many European countries are implementing it?" As the title above, this article intends to answer the question. The issue of citizenship by investment is not new, however, what should be observed is that not all countries apply this. Let's check it out.

Term of Citizenship by Investment

What Is Citizenship by Investment? Citizenship by investment (CBI) is the process that legally grants individuals—and, in some cases, their families—a second citizenship in exchange for a financial contribution to the host country’s economy.[1]

The concept of citizenship by investment was first developed in the Caribbean, with St. Kitts and Nevis being the first to offer the scheme in 1984. There are only a handful of countries around the world that currently offer a citizenship by investment programme, five of which are located in the Caribbean. 2018 saw another four countries announce their intention to launch citizenship by investment programmes – Jordan, Moldova, Montenegro and Turkey. Montenegro’s programme is due to be cancelled at the end of 2021, while Moldova cancelled in September 2020.[2]

Citizenship by investment Benefits. Having a second citizenship can help individuals avoid unfair persecution from certain states or escape from a conflict-torn region. It can also provide an alternative to political asylum, security from an unstable environment, or a better education and lifestyle for children.[3]

Countries That Implement Citizenship by Investment

List of countries offering Citizenship by Investment. It’s vital for investors looking to obtain citizenship in another country to know where they can maximize their investments. Here are countries where investments provide a profitable return along with citizenship:[4]

1. Malta   

The Maltese Citizenship by Naturalisation for Exceptional Services by Direct Investment comes along with the benefit of travelling visa-free to 183 countries. The programme is ideal for talented, high-net-worth individuals who can contribute to the economic growth of Malta.   

2. Antigua and Barbuda   

Antigua and Barbuda have one of the most competitive Citizenship by Investment programmes in the Caribbean. Their passport provides visa-free or visa-on-arrival access to 151 destinations. The nation is an attractive place to own a second home, with excellent air links to North America and Europe.   

3. Austria   

Austria also offers Citizenship by Investment to foreign nationals, but the programme is quite different from other countries’ offers. Notably, Austria doesn’t have any passive investor visa programme, meaning applicants must actively invest in the Austrian economy. Investing in government bonds or real estate does not offer a golden visa.  

Benefits include visa-free or visa-on-arrival travel to 189 destinations, including Canada, Hong Kong, the rest of the EU and Europe’s Schengen Area.   

4. Dominica   

Dominica’s Citizenship by Investment has two options: Investing in real estate or a minimum of $100,000 of economic contribution through donation. This citizenship allows visa-free or visa-on-arrival travel to 143 destinations, including Europe’s Schengen Area, Hong Kong and Singapore. It also does not mandate a minimum stay.  

5. Grenada   

Grenada’s passport offers visa-free access to over 130 countries, including China and Russia. Applicants may invest $150,000 as a donation or $220,000 in a government-approved real estate project and maintain the property investment for five years or more.  

6. St. Kitts and Nevis  

Saint Kitts and Nevis Citizenship by Investment is one of the oldest programmes. It is best for investors who can invest at least $150,000, similar to Grenada’s programme. With the passport issued in this country, you can travel visa-free or visa-on-arrival to 157 destinations. Again, this country requires no minimum stay. St. Lucia   

7. St. Lucia 

St. Lucia’s Citizenship by Investment programme started at the beginning of January 2016. Applicants may make a minimum donation to the government, purchase real estate, or invest in government bonds. Visa-free or visa-on-arrival travel applies to 146 destinations, and residence or visitation is not required.   

8. Montenegro   

Montenegro grants full citizenship to investors who can invest at least €350,000 in the country’s economy through real estate and economic contribution. The passport provides visa-free or visa-on-arrival access to 124 destinations, including Europe’s Schengen Area, Russia and Turkey.   

9. Portugal   

Portugal is one of the oldest countries in Europe. Investors may apply for the Golden Resident Permit Programme, unlike other direct Citizenship by Investment programmes. Portugal allows investors to obtain citizenship without having to live in Portugal.

Does Indonesia Implement Citizenship By Investment?

The governing law regarding Citizenship in Indonesia regulated by Law Number: 12 of 2006 concerning Citizenship. For those of you foreign nationals who wish to obtain Indonesian citizenship, it is regulated in Article 9, the requirements for obtaining Indonesian Citizens is as follows:[5]
  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. 

So, does Indonesia implement citizenship by investment? We may answer that question referring to the Law Number: 12 of 2006 concerning Citizenship that Indonesia--until now--does not implement citizenship by investment. Although Indonesia does not implement citizenship by investment, but for those of you investors who come from abroad, don't worry too much, because Indonesia is an investment friendly country. And if you have any legal issue in obtaining variety of visas and Indonesian Citizenship, contact us then, feel free in 24 hour, we will be happy to assist 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 City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "What Is Citizenship By Investment", csglobalpartners.com., Diakses pada tanggal 1 Juni 2022, https://csglobalpartners.com/resources/what-is-citizenship-by-investment/
2. Ibid.
3. Ibid.
4. "What Is Citizenship By Investment Programmes", www.endevio.com., Diakses pada tanggal 1 Juni 2022, https://www.endevio.com/en/insights/what-is-citizenship-by-investment-programmes
5. "How to Obtain Indonesian Citizenship?", www.hukumindo.com., Diakses pada tanggal 1 Juni 2022, https://www.hukumindo.com/2021/10/how-to-obtain-indonesian-citizenship.html

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