|
The
Indonesian Nationality Act
Indonesian nationality is governed by Act No. 62 of 1958. It defines an
Indonesian national as a person who, since the beginning of independence
on August 17, 1945, qualifies for citizenship under existing laws.
Further, a person whose mother is an Indonesian national, but whose
father's nationality is unknown or whose father is stateless, shall
qualify for Indonesian citizenship. Also, a person who was born in
Indonesia from unknown parents, or an orphan whose parents are unknown,
or a person born in Indonesia who does not inherit any nationality from
his/her parents, shall qualify for Indonesian citizenship. A five year
old child, who is adopted by foster parents of Indonesian nationality,
shall qualify for Indonesian nationality if the foster parents apply to
a court to legitimize the adoption within one year and are granted their
request.
A child born from a legitimate marriage of an Indonesian mother and
an alien father shall, in the event a divorce is granted by the court,
qualify for Indonesian nationality if he/she so decides. A child born
from a legitimate or illegitimate marriage between an alien father and
an Indonesian mother is entitled to become an Indonesian national if
he/she applies to the Minister of Justice, having abandoned his/her
alien nationality according to the law of the foreign country or in
accordance with an agreement concluded between Indonesia and a foreign
country. In such case a child shall submit the application within a year
after reaching the age of 18.
To obtain Indonesian nationality, aliens must fulfill the following
conditions:
- Have reached the age of 21 or over;
- Were born in Indonesia or have lived in Indonesia continuously for
5 years, or interruptedly for 10 years;
- Have a fair command of the Indonesian language and knowledge of
Indonesian history, and have never been convicted by a court for a
breach of law or for any act against Indonesia;
- Have the consent of the wife/husband;
- Are mentally and physically healthy;
- Pay a fee of not less than Rp 500 and not more than Rp 10,000,
which shall be decided by the court, taking into consideration the
applicant's income;
- Have permanent employment;
- Have no other nationality or have abandoned his/her nationality
which is in conformity with an agreement on dual nationality reached
between Indonesia and the foreign country.
An alien man married to an Indonesian woman is not entitled to apply for
Indonesian citizenship. However, Indonesian nationality may be granted
to aliens who have proved meritorious and have served the interest of
Indonesia. Such nationality shall be granted with the approval of the
House of Representatives.
An alien wife of an Indonesian national is entitled to Indonesian
citizenship if she so wishes and makes a statement to that effect within
a year of the marriage. This does not apply if the husband has abandoned
his Indonesian nationality.
An Indonesian woman married to an alien husband shall lose her
Indonesian nationality if she makes a statement to this effect within a
year of her marriage.
Indonesian nationality obtained by a husband shall automatically
apply to his wife except where she, after acquiring Indonesian
nationality, does not abandon her alien nationality. If a person loses
his/her Indonesian nationality, his wife/her husband also loses it,
except where both of them are stateless. A person who has lost his/her
Indonesian nationality by marriage can regain it if the marriage is
broken off and the person applies for it. Such an application shall
include a statement of the broken marriage and be submitted to a court
or an Indonesian diplomatic mission abroad.
A child under the age of 18 who is not married and retains his/her
kinship with the father who has not yet acquired Indonesian nationality,
qualifies for Indonesian nationality if he/she lives permanently in
Indonesia.
If a widow or widower obtains Indonesian nationality, her/his child
shall be entitled to the same provided that the latter is under 18 years
of age and not married. This also applies to children under 18 and not
married, born to parents who have lost their Indonesian nationality.
source : http://www.expat.or.id
|
