The legal framework governing dual citizenship for minors in Indonesia is primarily established by Law No. 12 of 2006 concerning Citizenship of the Republic of Indonesia (Undang-Undang Nomor 12 Tahun 2006 tentang Kewarganegaraan Republik Indonesia). This statute marked a significant departure from the previous regime under Law No. 62 of 1958, which strictly adhered to a single-citizenship principle based on the father’s lineage (ius sanguinis). The current legal doctrine adopts a “limited dual citizenship” (kewarganegaraan ganda terbatas) model, designed specifically to protect the legal status of children born from mixed marriages and those born in ius soli jurisdictions.

Subjects of Limited Dual Citizenship

Under Article 4 and Article 5 of Law No. 12 of 2006, the status of a limited dual citizen is granted to specific categories of minors. These individuals are legally recognized as Indonesian citizens while simultaneously holding a foreign nationality. The subjects include:

  1. Children born from a legal marriage between an Indonesian father and a foreign mother;
  2. Children born from a legal marriage between a foreign father and an Indonesian mother;
  3. Children born outside of a legal marriage to a foreign mother but acknowledged by an Indonesian father before the child reaches the age of 18 or marries;
  4. Children born outside the territory of the Republic of Indonesia to Indonesian parents who, due to the laws of the country of birth (ius soli), are granted foreign citizenship;
  5. Children of Indonesian parents born within a legal marriage who are legally adopted by foreign nationals before the age of five, as confirmed by a court order.

Article 6, Paragraph (1) of Law No. 12 of 2006 defines the temporal boundary of this status:

“Dalam hal status Kewarganegaraan Republik Indonesia terhadap anak sebagaimana dimaksud dalam Pasal 4 huruf c, huruf d, huruf h, huruf l, dan Pasal 5 berakibat anak berkewarganegaraan ganda, setelah berusia 18 (delapan belas) tahun atau sudah kawin anak tersebut harus menyatakan memilih salah satu kewarganegaraannya.”

(In the event that the status of Citizenship of the Republic of Indonesia for a child as referred to in Article 4… results in the child having dual citizenship, after reaching 18 (eighteen) years of age or being married, the child must declare a choice of one of their citizenships.)

The Immigration Facility (Affidavit)

Minors holding limited dual citizenship are not required to obtain limited stay permits (ITAS) or permanent stay permits (ITAP) to reside in Indonesia. Instead, they are eligible for an immigration facility known as an “Affidavit.” According to Government Regulation No. 31 of 2013 as amended, and further regulated by Minister of Law and Human Rights Regulation No. 22 of 2023, the Affidavit is a certificate or immigration stamp attached to the child’s foreign passport.

This facility serves as proof that the holder is a subject of Article 4 of the Citizenship Law. To obtain the Affidavit, the parents or legal guardians must register the child at a local Immigration Office or an Indonesian Mission abroad. The procedural requirements for this registration, as outlined in Government Regulation No. 2 of 2007, include the submission of the child’s birth certificate, the parents’ marriage certificate, and the parents’ passports. Failure to register the child as a dual citizen may result in the child being treated purely as a foreign national under immigration law, necessitating a visa and stay permit.

Mandatory Choice of Citizenship

The transition from limited dual citizenship to single citizenship is governed by a strict statutory window. Article 6, Paragraph (2) of Law No. 12 of 2006 stipulates that the declaration to choose citizenship must be submitted no later than three years after the child reaches the age of 18 or marries. This establishes a definitive deadline at the age of 21.

The procedure for declaring this choice is detailed in Government Regulation No. 2 of 2007. The applicant must submit a written statement to the Minister of Law and Human Rights. If the individual chooses Indonesian citizenship, they must renounce their foreign citizenship according to the laws of the other country. If the individual fails to make a declaration within the three-year window, they automatically lose their Indonesian citizenship by operation of law.

Remedial Provisions under Government Regulation No. 21 of 2022

A significant legal development occurred with the enactment of Government Regulation No. 21 of 2022, which amended Government Regulation No. 2 of 2007. This regulation addressed a common legal issue where children of mixed marriages failed to register for dual citizenship or failed to choose Indonesian citizenship within the Article 6 deadline.

Article 3A of PP No. 21 of 2022 provides a specific pathway for children who:

  1. Did not register as dual citizens as required by Article 41 of Law No. 12 of 2006; or
  2. Have registered but did not choose Indonesian citizenship within the prescribed timeframe.

These individuals may apply for Indonesian citizenship to the Minister of Law and Human Rights, provided they meet the following criteria:

  • They are born to at least one Indonesian parent;
  • They have resided in Indonesia for at least five consecutive years or ten non-consecutive years;
  • They pay a specific Non-Tax State Revenue (PNBP) fee, which was set at IDR 5,000,000 under Government Regulation No. 28 of 2019 for this specific category (significantly lower than standard naturalization fees).

This application window under PP 21/2022 was initially set for a period of two years from the date of enactment, expiring in May 2024. This provision functions as a restorative mechanism for those who technically lost their citizenship due to administrative oversight or failure to adhere to the strict timelines of the 2006 Law.

Loss of Citizenship for Minors

While the primary focus is the acquisition and retention of citizenship, minors may lose Indonesian citizenship under Article 31 of Law No. 12 of 2006 if they are adopted by foreign nationals. However, this loss is not automatic if it results in the child becoming stateless. Furthermore, Article 25 of the same law stipulates that Indonesian citizenship lost by a parent does not automatically result in the loss of citizenship for their children until the children reach the age of 18 or marry, preserving the minor’s independent legal standing until they reach the age of consent.

Sources Cited