28/09/2011
PROCEDURE FOR THE DECLARATION OF ELECTED CITIZENSHIP BY CHILDREN OF DUAL NATIONALITY
The Minister of Law and Human Rights issued, in June 2011, his Regulation No. M.HH19.AH.10.01 of 2011 regarding Procedure for the Declaration of Elected Citizenship by Children of Dual Nationality (the “Regulation”). The Regulation is an implementation regulation for Law No. 2/2006 regarding Citizenship as well as for Law No. 6/2011 regarding Immigration.
Under Article 2 of the Regulation, children of dual nationality are obliged to decide as to which birthright citizenship to continue when they become18 years old or when they marry; and to declare the elected citizenship within no more than three years following their 18th birthday or their marriage. Article 3 of the Regulation stipulates that children who are affected by the aforementioned obligation are children who (i) were born before 1 August 2006 who possess a Minister of Law and Human Rights Decree regarding Indonesian Nationality; and children who (ii) were born after 1 August 2006 who possess an Affidavit. This “Affidavit” is defined in Article 1 as “an immigration certificate that is attached to the respective passport that certifies the passport holder as a child of dual citizenship who is granted immigration facilities in accordance with the prevailing laws and regulations”.
The declaration of the elected citizenship may be submitted either inside or outside of Indonesia. If inside Indonesia, it may be submitted to the respective regional office of the Ministry of Law and Human Rights or to an Immigration Office. If outside of Indonesia, it may be submitted to an Indonesian Representative Office or to other offices determined by the Minister of Law and Human Rights (the “Minister”). The declaration forms are provided in the attachments to the Regulation.
As regards dual nationality children who do not comply with the obligation to elect their nationality following the expiry of the above mentioned time frame, Article 25 of the Regulation stipulates that such children who live in Indonesia may be awarded permanent residency by the Director General of Immigration, whereas such children who live outside of Indonesia will face the revocation of their Affidavit, their Indonesian passport or other evidence of citizenship.
The Regulation has been in force since 28 June 2011, which is the day of its issue. (by: Hamud M. Balfas).