The Jakarta Post, June 28, 2006
Govt to allow dual citizenship
M. Taufiqurrahman, The Jakarta Post, Jakarta
There is good news for Indonesians with foreign spouses, with a provision in the
citizenship bill allowing for dual citizenship of their offspring until the latter reaches
adulthood.
The bill, expected to be passed soon, also would do away with differentiation between
"indigenous" and "nonindigenous" Indonesians -- long cited as discriminatory by
Chinese-Indonesians.
An article in the bill's latest draft, which was made available to The Jakarta Post,
stipulates that dual citizenship is allowed for children of transnational marriages, as
well as for children of Indonesian couples born in countries that apply the principle of
ius soli ("right of soil").
Countries with ius soli principles, such as the United States, automatically give
citizenship to anyone born in the country.
Indonesia currently uses the ius sanguinis ("right of the blood") principle, which
means that children born here receive the citizenship of their father.
Indonesian women married to foreign nationals are barred from passing their
citizenship to their children, which leads to considerable costs entailed in immigration
processing and also schooling in international schools required by their foreign status.
The children will be required to choose their citizenship at the age of 18. Although
there had been calls for an age requirement of 23, members of the House formulating
team said the former figure was in accordance with the definition of minors under the
Child Protection Law.
Advocates of transnational marriages complain that the 1958 Citizenship Law, passed
during a period of heightened nationalistic fervor, discriminates against their children.
Another breakthrough for people of foreign descent is the near eradication of
distinctions between indigenous and nonindigenous residents, which often was used
in the bureaucracy and public against Chinese-Indonesians.
Although one article still uses the term indigenous and people from different
nationalities, lawmakers and the government have agreed on a provision defining an
Indonesian citizen as one who never purposely assumes foreign citizenship.
The bill also orders the passing of a transitional regulation that will enable
nonindigenous people to apply for Indonesian citizenship. The transitional period lasts
three years from the time the law takes effect.
There also will be severe punishment and heavy fines for state officials who hamper
the citizenship process for foreigners.
A member of the House formulating team, Cyprianus Aoer, lauded the rehashed bill
as "revolutionary" progress in eradicating discrimination in the country.
"However, it remains to be seen whether the government, especially the bureaucracy,
will be ready to implement such a revolutionary law, given the deeply entrenched
discriminatory practices," he told the Post.
Wahyu Susilo of the Indonesian Anti-Discrimination Movement (Gandi) also applauded
the provision for dual citizenship.
"It is enough for the present situation," he said.
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