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Rabu, 04 Januari 2012

How to get Indonesia Citizenship in Indonesia for foreign based on UU No. 12 Tahun 2006 about Citizenship?

How to get Indonesia Citizenship in Indonesia for foreign based on UU No. 12 Tahun 2006 about Citizenship?

-        Naturalisation
is the way for by foreigner to obtain Indonesian citizenship by fulfilling several requirements determined . According to Indonesia Laws about Citizenship under UU No. 12 Tahun 2006 in Article 9 stated some requirements which have to be fulfilled when they are applying for their citizenship are :
a.      Have reached 18 years old or have good married
b.    When they applied for their application, they has resided at least 5 years consecutively or 10 years not consecutively
c.      Health physically and mentally
d.      Can speak indonesian and acknowledge Indonesia constitution
e.      Never been sentenced for comitting criminal act pusnished for 1 year or take more.
f.       By obtaining indonesia citizenship, not make him be dual citizenship.
g.      Have a job or steady income
h.      Paying for naturalisation fee

     Those requirement has to be done and fulfilled by applicant before they applied for the citizenship. But, after they fulfill all of those requiement, “They can make an application written in Indonesian formal language which sticking by paper stamp forward to President through the minister”, according to Article 10 Indonesian Citizenship Laws. “ After the Presiden received the application within the period of 3 months has to be decided by President Decree if the application is granted, and give a reasonable reason whether the application is rejected , the decree has to be delivered to the applicant not late than 14 days” (Article 13 paragraph 3). “After the decree obtained by the applicant, in the period of 3 month, he will be called to give an oath and that decree valids immediatly when the oath is uttered” (Article 14). More specific information was set out in Government Regulation No. 2 Tahun 2007.

-        Citizenship by reward from government
According to Article 20 Indonesian Citizenship Laws stated,”Foreigner who has contributed to Indonesia or for the reason of National Interest could get Indonesia Citizenship after obtaining the consideration of the Legislature, except the giving of citizenship caused the people concerned have dual-citizenship.”

-        Marriage with local people
A foreigner person could obtain indonesian citizenship by marriage after he fulfilled some requirement specified by Laws. In Article 32 was mentioned that “ (1) He has to reside at least 5 years consecutively or 10 years not consecutively in Indonesia before he sent the application to minister. (2) With holding indonesian citizenship will not make him be dual-citizenship.”

Dual - Citizenship? How the laws regulates this ?
            There some ways which a person could get dual citizenship but commonly we could find if a person who has parents Indonesian and was bornt in a country adhering to the principal of ius soli. That person will get Indonesia cintizenship from the parents and get other county’s citizenship because born in that country.

              According to Article 6 Indonesian Citizenship Laws stated that “The person who had dual-citizens could hold it until he was 18 years old and after that he was given a chance to choose want to get Indonesian citizen or other country citizen. He was given time to consider in period of 3 years before he was 21 years old. Whether until he was 21 years old and he didn’t choose any citizenship , so he got loss of his indonesia citizenship.”

When he was 18 years old until 21 years old , he was given two right:
a.      Option Right : the right to accept either citizenship
b.      Repudiation Right : the right to decline either citizenship

          In case, he rejected indonesian citizenship , “He had to return all citizenship documents to immigration office within the period of 14 days after the rejection. But, if he accepted indonesian citizenship, he had to show to immigration official the statement he reject foreign citizenship.” ( according to Government Regulation No. 2 Tahun 2007)

           “Whether he was born before the laws is enacted , so he can obtain his citizenship by sending application to minister within the period of 4 years after the laws UU No. 12 Tahun 2006 enacted.” , according to Article 41 Indonesian citizenship laws UU No. 12 Tahun 2006.

Reclaiming citizenship
               Based on Article 31 and 32 Indonesian citizenship laws UU No. 12 Tahun 2006 , “ A person who has ever had Indonesian citizenship and loss because he choosing other citizenship or applying other citizenship, he can obtain his indonesian citizenship back without through the procedure for naturalisation referred to Article 9.” It is usually for the one has choose other coutry citizenship or applying for other country citizenship but want to get back his indonesia citizenship. They could get back the indonesian citizenship without needing any requirement because he had ever got indonesian citizenship so he is acknowledged had fulfilled all of the requirements. According to Article 33 Indonesian citizenship laws UU No. 12 Tahun 2006 , “The approval or rejection will be  given by minister 3 months after the application was received”



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