[Permenkumham No 10 Tahun 2023] Immigration Procedure for Children with Dual Citizenship Status Now Online

4 Apr

Overview

In the matter of citizenship, Indonesia is one of among many countries which does not recognize multiple citizenship. However, Indonesia implements the principle of limited dual citizenship status. This is reflected on the Article 6 of Law Number 12 of 2006 regarding Citizenship of the Republic of Indonesia (“Citizenship Law”) which states that it is possible for a child to have a dual citizenship until the age of 18 years old or their marriage. As a result, the parent of the concerned child has several obligations, such as registration of the child’s dual citizenship status and application for immigration facilities. Besides, the child is also obliged to make a formal statement to choose their nationality when they reach 18 years old or getting married.

On 28 February 2023, MOLHR has issued MOLHR Regulation No. 10 of 2023 concerning Registration and Application for Immigration Facilities for Children with Dual Citizenship, Application for Immigration Status Certificate and Return of Immigration Documents due to Citizenship Status (“MOLHR Reg 10/2023”). The recently issued regulation covers a wide range of immigration procedures, specifically procedures for children with dual citizenship status, as well as persons obtaining Indonesian citizenship; unifying these matters from several regulations. Despite the similar substance with the previous regulations, the MOLHR Reg 10/2023 introduces new approach, which is, procedure through electronic system. Regardless, the regulation does not immediately enforceable, but rather, only applies 6 months since its issuance, that is, on 28 August 2023.

Subject of a Child with Dual Citizenship Status

Children with dual citizenship status subjected to the obligations are as follows:

a child born from a legitimate wedlock of an Indonesian father and a foreign mother;
a child born from a legitimate wedlock of a foreign father and an Indonesian mother;
a child born out of a legitimate wedlock from a foreign mother, acknowledged by an Indonesian father as her child and such recognition is done before the child is 18 years old or has yet to be married;
a child born outside of the territory of the Republic of Indonesia from Indonesian father and mother on which due to the provisions of the country where the child is born grants citizenship to such child;
a child of an Indonesian citizen born out of a legitimate wedlock, has yet to be 18 years old and married, legally acknowledged by his father of foreign national;
a child of an Indonesian citizen who has yet to be 5 years old, legally adopted by a foreign national as their child based on a court order;
a child who has yet to be 18 years old or is unmarried, resides in the region of the Republic of Indonesia, from a father or mother who has obtained Indonesian citizenship; and
a child of a foreign national who has yet to be 5 years old, legally adopted by an Indonesian citizen as their child based on a court order; and
a dual citizenship child due to the loss of Indonesian citizenship of their father and/or mother.

Registration of Children with Dual Citizenship Status

A child with dual citizenship status must be registered by their parent/guardian through electronic registration in the official website of Directorate General of Immigration, either within or outside the region of the Republic of Indonesia. In the case where the registration is done within the region of the Republic of Indonesia, the registration is addressed to the Head of the Immigration Office whose working area includes the concerned child’s residence. Whereas, if the registration is done outside the region, the registration is addressed to head of the representative of the Republic of Indonesia or the designated immigration officer. The required documents for such registration are as follows:

the child’s birth certificate and/or birth reporting letter from the Representative of the Republic of Indonesia;
marriage certificate, marriage book, parent’s divorce certificate;
the father’s or mother’s national passport;
the father’s or mother’s Indonesian passport;
letter of loss of Indonesian citizenship of both parents for a child whose parent obtain other citizenship;
recent coloured passport photograph of the child with dual citizenship status, and with white background.

The output of the above registration is certificate of child with dual citizenship registration in an electronic form.

Application for Immigration Facilities for Children with Dual Citizenship Status

Every child with dual citizenship status which holds a national passport may be granted immigration facilities that must be proven with an affidavit . The immigration facilities itself include exemption from the obligation to hold a visa, exemption from the obligation to have a stay permit or re-entry permit, and grant of entry or exit signs which are treated to befit Indonesian citizens. The procedure to apply for such facilities is the same as the registration procedure. As for the required documents are as follows:

national passport of the concerned child;
Registration Certificate of child with dual citizenship status; and
recent coloured passport photograph of the child with dual citizenship status, and with white background.

The output of the above application is an affidavit that will be sent electronically and will be attached to the national passport of the concerned child. The child must use the passport that has been attached with the affidavit when entering or leaving the Republic of Indonesia. The validity of the affidavit is the same as the national passport and not exceeding 3 years after the child turns 18 years old. Further, the affidavit is no longer valid when the child is married, has chosen its nationality, or pass away.

Formal Statement of Choosing Foreign Nationality

As previously mentioned, a child with dual citizenship status must choose their nationality at the latest 3 years after turning 18 years old or being married. The MOLHR Reg 10/2023 specifically regulates regarding the formal procedure in the case which the concerned child choose a foreign nationality. Based on Article 15 (2) MOLHR Reg 10/2023, the child with dual citizenship which states to choose foreign nationality includes:

Children born before 1 August 2006 holding a Ministerial Decree regarding Citizenship of the Republic of Indonesia;
Children born after 1 August 2006 holding an Affidavit, certificate or proof of child with dual citizenship registration, and/or immigration facilities for child with dual citizenship status; and
Children holding a certificate of citizenship from the Director General of General Law.

The procedure itself is the same as the child’s registration, that is through electronic system. As for the required documents are as follows:

Passport of the Republic of Indonesia (if available);
Owned national passport;
Affidavit;
Excerpt of the minister decision stipulating the Citizenship of the Republic of Indonesia for children with dual citizenship born before 1 August 2006; and/or
Certificate of citizenship from the Director General of General Law Administration.

The output of such formal statement is an electronic letter of receipt of statement of choosing foreign citizenship which contains revocation of immigration documents. Consequently, the relevant immigration officer will revoke the affidavit as well as the passport of the Republic of Indonesia of the concerned child.

If the concerned child neither chooses foreign nor Indonesian nationality, the child will be deemed as a foreigner. In the case of the child resides within the region of the Republic of Indonesia, a stay permit will be required for the child.

Transitional Provisions

Children with dual citizenship status who has obtained a passport and immigration facilities prior to the promulgation of the MOLHR Reg 10/2023 must re-entry their data before they reach 18 years old or married. As for the documents below:

Certificates or proof of registration of children with dual citizenship which have been issued before the promulgation of the MOLHR Reg 10/2023;
Affidavit of children with dual citizenship which have been issued before the promulgation of the MOLHR Reg 10/2023; and
Certificate of revocation of immigration documents children with dual citizenship which have been issued before the promulgation of the MOLHR Reg 10/2023,

are still valid.

Other Provisions in the MOLHR 10/2023

Besides the updated immigration procedure for children with dual citizenship status, the MOLHR 10/2023 also regulates updated immigration procedures related to obtaining an Indonesian citizenship, specifically application for Immigration Status Certificate (Surat Keterangan Keimigrasian/ “SKIM”) and return of immigration documents due to citizenship status.

In addition, the SKIM is a document intended for foreigners and other relevant subject in regard with the process Indonesian citizenship application. Whereas, the return of immigration documents due to citizenship status is a procedure obliged for every person who has acquired an Indonesian citizenship through naturalization. This procedure is done in order to obtain a certificate of immigration documents revocation. Through the MOLHR 10/2023, both of the immigration procedure now may be done through electronic system.

Article 87 of the Environmental Law
Article 92 of the Environmental Law
Article 91 of the Environmental Law

Disclaimer:
This client update is the property of ARMA Law and intended for providing general information and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. ARMA Law has no intention to provide a specific legal advice with regard to this client update.

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