Citizenship in Indonesia

1. What are the requirements for gaining Indonesian citizenship?

To gain Indonesian citizenship, individuals must meet certain requirements set by the Indonesian government, including:

1. Residency: Applicants must have resided in Indonesia for a certain period of time, typically five consecutive years before applying for citizenship.

2. Language and Cultural Knowledge: Applicants must demonstrate proficiency in the Indonesian language and have knowledge of Indonesian culture, history, and social norms.

3. Good Moral Character: Individuals seeking Indonesian citizenship must have a clean criminal record and must be of good moral character.

4. Financial Stability: Applicants should be able to prove their ability to financially support themselves and any dependents they may have.

5. Relinquishment of Previous Citizenship: In most cases, individuals seeking Indonesian citizenship are required to renounce their previous citizenship.

It’s important to note that the requirements for gaining Indonesian citizenship may vary depending on factors such as the applicant’s country of origin, marital status, and other specific circumstances. Applicants are advised to consult with relevant authorities or legal experts for detailed and up-to-date information on the citizenship acquisition process in Indonesia.

2. Can foreigners become Indonesian citizens through marriage?

Yes, foreigners can become Indonesian citizens through marriage to an Indonesian citizen under certain conditions. In Indonesia, the Law on Indonesian Citizenship specifies that a foreigner who is married to an Indonesian citizen and has been married for at least five years can apply to become an Indonesian citizen. The process involves submitting a formal application and meeting specific requirements, such as proficiency in the Indonesian language, knowledge of Indonesian culture, and having a good behavior and conduct record.

The steps to acquire Indonesian citizenship through marriage include:

1. Meeting the residency requirement of living in Indonesia continuously for at least five years.

2. Obtaining a Certificate of Good Conduct (Surat Keterangan Catatan Kepolisian) from the applicant’s home country or country of residence.

3. Demonstrating proficiency in Bahasa Indonesia and passing a test on Indonesian culture and traditions.

4. Submitting all required documents and undergoing an interview with the relevant authorities.

Upon meeting all the necessary criteria, the foreign spouse can be granted Indonesian citizenship through marriage.

3. What are the different ways to acquire Indonesian citizenship?

There are several ways to acquire Indonesian citizenship:

1. By birth: A person born in Indonesia to two Indonesian citizen parents automatically acquires Indonesian citizenship.
2. By descent: A person born outside Indonesia to at least one Indonesian citizen parent may acquire Indonesian citizenship through descent.
3. By naturalization: Foreigners may acquire Indonesian citizenship through a process of naturalization, which involves fulfilling certain requirements such as residence, language proficiency, renunciation of previous citizenship, and loyalty to Indonesia.
4. By recognition: Individuals who were born in Indonesia but did not acquire citizenship at birth may apply for recognition of Indonesian citizenship.
5. By marriage: Foreigners married to Indonesian citizens may be eligible to apply for Indonesian citizenship after meeting certain criteria and going through the naturalization process.

These are the main ways through which individuals can acquire Indonesian citizenship. Each method has specific requirements and procedures that must be followed to obtain citizenship in Indonesia.

4. What are the rights and responsibilities of Indonesian citizens?

Indonesian citizens have various rights and responsibilities granted to them under Indonesian law. Some key rights include:

1. Right to vote and stand for election: Indonesian citizens have the right to participate in political processes by voting in elections and, if eligible, running for public office.

2. Right to access public services: Citizens have the right to access public services such as education, healthcare, and social welfare programs provided by the government.

3. Right to freedom of speech and expression: Citizens are entitled to express their opinions freely and peacefully without fear of censorship or retaliation.

4. Right to a fair trial: Citizens have the right to a fair and impartial judicial process if they are accused of a crime.

In terms of responsibilities, Indonesian citizens are expected to:

1. Uphold the unity and diversity of Indonesia: Citizens have a responsibility to uphold the spirit of Bhinneka Tunggal Ika, which means “Unity in Diversity,” and to promote harmony among different ethnic and religious groups in the country.

2. Pay taxes: Citizens are required to pay taxes as a way of contributing to the funding of public services and government programs.

3. Obey the law: Citizens must follow all laws and regulations put in place by the government to ensure social order and stability.

4. Respect the rights of others: Citizens have a responsibility to respect the rights and freedoms of others, regardless of their background or beliefs.

These rights and responsibilities form the foundation of Indonesian citizenship and are crucial for the functioning of a democratic and inclusive society.

5. How can a child born in Indonesia to foreign parents acquire Indonesian citizenship?

A child born in Indonesia to foreign parents can acquire Indonesian citizenship through the following ways:

1. Birth Registration: The child must be registered with the Indonesian Civil Registry Office within 60 days of birth. The registration process includes submitting the necessary documentation to prove the child’s birth in Indonesia.

2. Granting of Citizenship: The Indonesian government may grant citizenship to the child if certain conditions are met, such as being born in Indonesia and having resided continuously in the country.

3. Naturalization: If the child has lived in Indonesia for a certain period of time, they may be eligible for Indonesian citizenship through naturalization. This typically requires the child to have resided in Indonesia for a specified number of years and to meet other criteria set by the government.

4. Special Circumstances: In some cases, Indonesian citizenship may be granted to a child born to foreign parents if it is deemed to be in the national interest or under special circumstances determined by the government.

5. Dual Citizenship: Indonesia generally does not recognize dual citizenship, so if the child acquires Indonesian citizenship, they may be required to renounce their previous citizenship. However, there are exceptions and certain considerations for dual citizenship in Indonesia which may apply to the child born to foreign parents.

6. Is dual citizenship allowed in Indonesia?

No, dual citizenship is not allowed in Indonesia. Under Indonesian law, individuals are required to renounce their foreign citizenship if they wish to obtain Indonesian citizenship. This means that an individual cannot hold both Indonesian citizenship and citizenship of another country simultaneously. If someone with dual citizenship is found to have violated this rule, they may risk losing their Indonesian citizenship. It is important for individuals to carefully consider the implications of obtaining Indonesian citizenship, as they will need to forfeit their original citizenship in the process.

7. How can someone renounce their Indonesian citizenship?

To renounce Indonesian citizenship, an individual must submit a formal application for renunciation to the Directorate General of Immigration in Indonesia. The application must include personal details, reasons for renunciation, and relevant supporting documents. Additionally, the applicant is required to prove that they have or will acquire citizenship in another country following the renunciation process. Once the application is approved, the individual will need to attend a ceremony to renounce their Indonesian citizenship officially. It’s important to note that renouncing Indonesian citizenship is a serious decision with legal implications, so it’s advisable to consult with legal experts or authorities for guidance throughout the process.

8. What is the process for naturalization in Indonesia?

The process for naturalization in Indonesia is governed by Law No. 12 of 2006 on Indonesian Citizenship. To become a naturalized citizen of Indonesia, an individual must meet certain criteria and follow a specific procedure. The process includes the following steps:

1. Eligibility: The applicant must be at least 18 years old and have resided legally in Indonesia for a specified period of time, typically a minimum of 5 years.

2. Application: The applicant needs to submit an application for naturalization to the Ministry of Law and Human Rights along with the required documents, such as a birth certificate, passport, proof of residency, and a statement declaring the intention to become an Indonesian citizen.

3. Background Check: The government will conduct a background check on the applicant to ensure they meet all the necessary requirements and have a clean criminal record.

4. Oath of Allegiance: If the application is approved, the applicant must take an oath of allegiance to Indonesia and renounce their former citizenship.

5. Approval Process: The application will be reviewed by the relevant authorities, and if all requirements are met, the applicant will be granted Indonesian citizenship.

6. Documentation: Once the naturalization process is complete, the individual will receive a Certificate of Naturalization (SKp) as proof of their Indonesian citizenship.

It is important to note that the naturalization process in Indonesia can be lengthy and complex, and meeting all the criteria and requirements is essential for a successful application.

9. Are there any restrictions on foreigners obtaining Indonesian citizenship?

Yes, there are restrictions on foreigners obtaining Indonesian citizenship. Some of the key restrictions include:
1. Foreigners must meet certain residency requirements before being eligible to apply for Indonesian citizenship.
2. Dual citizenship is generally not recognized in Indonesia, so individuals may be required to renounce their existing citizenship in order to become Indonesian citizens.
3. The process of obtaining Indonesian citizenship can be complex and bureaucratic, and there is no guarantee of approval even if all requirements are met.
4. Certain professions and positions, such as those in the military or government, may have additional restrictions for foreign citizens seeking Indonesian citizenship.
Overall, while it is possible for foreigners to naturalize and become Indonesian citizens, there are several restrictions and challenges that must be navigated in the process.

10. What are the benefits of being an Indonesian citizen?

Being an Indonesian citizen comes with several benefits, such as:

1. Social rights: Indonesian citizens have the right to access social security programs, health care, education, and other social services provided by the government.
2. Political rights: Citizens can participate in elections, vote for their representatives, and engage in political activities to influence the governance of the country.
3. Economic rights: Citizens have the right to own property, start businesses, and access employment opportunities without restrictions faced by non-citizens.
4. Cultural rights: Citizens have the right to participate in and preserve Indonesian cultural traditions and practices.
5. Protection abroad: Indonesian citizens can seek assistance and protection from Indonesian embassies and consulates when traveling or residing in foreign countries.
Overall, being an Indonesian citizen grants individuals a sense of belonging, identity, and the full rights and protections provided by the Indonesian government.

11. How does Indonesia handle stateless individuals within its borders?

Indonesia does not have a specific law addressing statelessness, and as a result, stateless individuals within its borders face significant challenges. Stateless individuals may exist due to a variety of reasons such as lack of documentation, unresolved nationality status, or gaps in the nationality laws of their home countries. Here is how Indonesia currently handles stateless individuals within its borders:

1. Lack of Legal Status: Stateless individuals in Indonesia often face difficulties in accessing basic services such as healthcare, education, and employment due to their lack of legal status.

2. Limited Rights: Statelessness deprives individuals of their fundamental rights and protections under the law, leaving them vulnerable to discrimination, exploitation, and abuse.

3. Limited Pathways to Citizenship: Indonesia does not have a formal procedure for stateless individuals to acquire citizenship, making it challenging for them to regularize their status and access their rights.

4. International Obligations: Indonesia is a signatory to the 1961 UN Convention on the Reduction of Statelessness and the 1954 UN Convention relating to the Status of Stateless Persons. However, the country has not taken significant steps to implement these conventions into domestic legislation.

In conclusion, Indonesia faces challenges in effectively addressing statelessness within its borders, and there is a need for comprehensive legal reforms and policies to protect and support stateless individuals in the country.

12. Can Indonesian citizenship be passed down through generations?

Yes, Indonesian citizenship can be passed down through generations based on the principle of jus sanguinis, which means “right of blood. This principle holds that a child born to at least one Indonesian parent is automatically granted Indonesian citizenship. For example:
1. If both parents are Indonesian citizens, the child will inherit Indonesian citizenship.
2. If one parent is Indonesian and the other parent is a foreign national, the child can still acquire Indonesian citizenship.
Additionally, Indonesian citizenship can also be acquired through naturalization for individuals who do not automatically qualify based on descent. The laws surrounding citizenship in Indonesia are outlined in the Indonesian Constitution and relevant regulations.

13. Are there any special provisions for certain groups to acquire Indonesian citizenship?

Yes, there are special provisions in Indonesia for certain groups to acquire citizenship:

1. Children born to an Indonesian mother and a foreign father can obtain Indonesian citizenship through their mother, provided that certain conditions are met.
2. Foreign spouses of Indonesian citizens can be granted Indonesian citizenship after meeting specific requirements such as residing in Indonesia for a certain period of time and passing a language proficiency test.
3. Individuals who have made significant contributions to Indonesia in areas such as science, culture, or economics may be naturalized as Indonesian citizens by presidential decree.
4. Ethnic Chinese individuals, who were previously subject to discriminatory citizenship laws, now have the opportunity to reclaim their Indonesian citizenship through a process established by the government.

These special provisions aim to ensure that individuals with special circumstances or connections to Indonesia have a pathway to acquire citizenship and contribute to the country’s diverse and inclusive society.

14. What are the penalties for illegal immigrants in Indonesia?

Illegal immigrants in Indonesia may face various penalties, including:
1. Detention and deportation: Illegal immigrants are detained by immigration authorities and may be deported back to their home countries.
2. Fines: Illegal immigrants may be fined for violating immigration laws and regulations.
3. Blacklisting: Illegal immigrants may be barred from entering Indonesia in the future.
4. Criminal prosecution: In serious cases, illegal immigrants may face criminal charges and imprisonment.
5. Employers’ sanctions: Employers who hire illegal immigrants may face fines and other penalties under Indonesian law.
It is crucial for individuals to abide by the immigration laws of Indonesia to avoid these severe consequences.

15. Is it possible to lose Indonesian citizenship?

Yes, it is possible to lose Indonesian citizenship under certain circumstances. Indonesian citizenship can be lost through renunciation, deprivation, or acquisition of foreign citizenship. Renunciation involves the voluntary act of giving up Indonesian citizenship by submitting an official statement to the Indonesian government. Deprivation of citizenship can occur if an individual voluntarily acquires foreign citizenship without approval from the Indonesian government, engages in actions deemed harmful to the state or national interest, or commits treason against Indonesia. Additionally, acquiring a foreign citizenship automatically results in the loss of Indonesian citizenship unless the individual obtains permission to retain dual citizenship from the Indonesian government. The loss of Indonesian citizenship can have significant legal implications, including the loss of rights and privileges associated with being an Indonesian citizen.

16. Are there any specific requirements for citizenship for individuals of Indonesian descent living abroad?

Individuals of Indonesian descent living abroad may be eligible to apply for Indonesian citizenship through naturalization. The specific requirements for citizenship for individuals of Indonesian descent living abroad include:

1. Proof of Indonesian descent: Applicants must be able to provide documented evidence of their Indonesian ancestry, such as birth certificates, family records, or other official documents.
2. Residency requirement: Applicants must have resided in Indonesia for a certain period of time as determined by Indonesian law, typically a minimum of five years.
3. Language proficiency: Applicants may be required to demonstrate proficiency in the Indonesian language, as language proficiency is often considered an important factor in determining eligibility for citizenship.
4. Good moral character: Applicants must have a clean criminal record and demonstrate good moral character in order to be eligible for Indonesian citizenship.
5. Financial stability: Applicants may need to provide proof of financial stability to ensure that they can support themselves and contribute to Indonesian society.

It is important to note that the specific requirements for citizenship for individuals of Indonesian descent living abroad may vary depending on individual circumstances and the discretion of Indonesian authorities. Applicants should consult with the Indonesian consulate or embassy in their country of residence for detailed information on the naturalization process and requirements.

17. How long does the citizenship application process typically take?

The citizenship application process in Indonesia typically takes around 1 to 2 years from the submission of the application to the issuance of the citizenship certificate. The process involves several steps including the submission of all required documents, background checks, interviews, and approval from the relevant authorities. It is important to note that the timeline can vary depending on individual circumstances such as the completeness of the application, the complexity of the case, and the workload of the authorities processing the application. Applicants should be prepared for potential delays and ensure that they provide all necessary documentation and information to facilitate a smoother process.

18. What rights do permanent residents in Indonesia have compared to citizens?

Permanent residents in Indonesia have certain rights that are similar to those of citizens, but there are also significant differences. Here are some key rights that permanent residents have compared to citizens:

1. Permanent residents have the right to live and work in Indonesia indefinitely, whereas citizens automatically have this right by birth.
2. Permanent residents can own property in Indonesia, but there are restrictions for foreign ownership.
3. Permanent residents have access to certain social benefits, such as healthcare and education, but may not be eligible for all of the same benefits as citizens.
4. Permanent residents have the right to participate in certain economic activities and businesses, subject to regulations on foreign investment.

Overall, while permanent residents have many of the same rights as citizens, there are limitations and restrictions in certain areas that differentiate the two groups.

19. Can Indonesian citizens vote or participate in politics if they live abroad?

Yes, Indonesian citizens who live abroad are eligible to vote in certain elections, such as presidential and legislative elections, as long as they meet specific requirements. To participate in the election, they must be registered as overseas voters at an Indonesian embassy or consulate in their country of residence. Additionally, Indonesian citizens living abroad can also run for office and participate in politics through various means, including joining political parties, campaigning for candidates, or engaging in political advocacy on issues of interest to them and the Indonesian community abroad. Furthermore, Indonesians living abroad can contribute to the democratic process by staying informed about political developments in Indonesia, participating in discussions, and promoting civic engagement among fellow citizens living abroad.

20. Are there any language or cultural requirements for obtaining Indonesian citizenship?

Yes, there are language and cultural requirements for obtaining Indonesian citizenship. To become an Indonesian citizen, applicants must be able to speak the Indonesian language proficiently and be knowledgeable about Indonesian culture and customs. This requirement ensures that new citizens are able to integrate effectively into Indonesian society and communicate with fellow citizens. Additionally, applicants may be required to demonstrate their understanding of Indonesian laws and regulations as part of the citizenship process. Meeting these language and cultural requirements is essential for individuals seeking Indonesian citizenship.

1. Proficiency in the Indonesian language is assessed through language tests or interviews conducted by the relevant authorities.
2. Knowledge of Indonesian culture and customs may be evaluated through questions or examinations during the citizenship application process.