Indonesian Law of Citizenship Analyzed

The text below comes from a UN translation of the Indonesian law of citizenship that was in effect when Barry Soetoro lived in that country in the early to middle 1960s. This version took effect in 1958. Portions are copied here to elucidate particular passages that may be pertinent to our many prior discussions. Comments were added in red and emphasis was added in some places:

The Law on the Citizenship of the Republic of Indonesia.

Article 1. Citizens of the Republic of Indonesia are:

a. …

b. persons who at their birth have a legal family relationship with their father, a citizen of the Republic of Indonesia, with the understanding that said citizenship of the Republic of Indonesia starts as from the existence of that legal family relationship and that said legal family relationship is created before the persons concerned have reached the age of 18 or before they are married at an earlier age; [This translation leaves much to interpretation. Could it be read to say that if a “legal family relationship” between a child and his biological father is created before the child reaches age 18, then the child is an Indonesian citizen? Could a man adopt a child (or marry the child’s mother) before the child is 18, while at the same time claiming biological fatherhood, thus creating a “legal family” as well as at-birth citizenship for the child? (Wikipedia appears to believe so: “a child from an illegal marriage whose mother is a foreign citizen but the father is an Indonesian citizen and recognizes the child as his child before the child turns 18 or is married”) This link goes to the law in the Indonesian language. Some translations refer to a “family law” relationship. The definition of an “illegal” marriage may involve marriages performed abroad or mixed-religion marriages, which were considered in a revision to the law in 1974.]  …

f. those born within the territory of the Republic of Indonesia as long as both parents are unknown; [Could apply to an adopted orphan.]

g. a child found within the territory of the Republic of Indonesia as long as both parents are unknown; [Could apply to a foundling encountered during the course of war or anthropological research.] …

j. persons who have acquired the citizenship of the Republic of Indonesia according to the regulations of this law. [Depends upon circumstances.]

Article 2.

(1) A foreign child of less than 5 years age who is adopted by a citizen of the Republic of Indonesia acquires the citizenship of the Republic of Indonesia, if such an adoption is declared legal by the Pengadilan Negeri at the residence of the person adopting the child. [Applies if there was an adoption that was legally sanctioned.]

(2) Said declaration of legality by the Pengadilan Negeri shall be requested by the person adopting the child within 1 year after such an adoption or within 1 year after enforcement of this law. [Applies if this was done; may explain the removal of a child from the mother’s passport.]

Article 3.

(1) A child outside a marriage of a mother who is a citizen of the Republic of Indonesia or a child out of a legal marriage, but who has in a case of divorce been assigned to the care of its mother, a citizen of the Republic of Indonesia, who follows the nationality of the father, a foreigner, may present a petition to the Minister of Justice in order to acquire the citizenship of the Republic of Indonesia, if, after, having acquired the citizenship of the Republic of Indonesia, it possesses no other nationality or states at the same time to have released another nationality according to the procedure stipulated by the legal provisions of the country of origin and/or according to the procedure stipulated by the agreement on the settlement of the bi-nationality between the Republic of Indonesia and the country in question. [Could apply, depending upon the mother’s citizenship; dual citizenship may qualify.]

(2) The above mentioned petition shall be presented within 1 year after the person concerned has reached the age of 18 to the Minister of Justice through the Pengadilan Negeri or Representation of the Republic of Indonesia at the residence of the person. [Could apply and explain a trip to Indonesia prior to a trip to Pakistan.] …

Article 5.

(1) The citizenship of the Republic of Indonesia because of naturalization is acquired with the validity of the decree of the Minister of Justice who grants this naturalization. … [Depends upon circumstances.]

(5) The decree of the Minister of Justice which grants naturalization is valid as of the date that the petitioner takes an oath or swear allegiance before the Pengadilan Negeri or Representation of the Republic of Indonesia at the residence of the petitioner and is valid retroactively the date of said decree of the Minister of Justice.

The oath or allegiance swearing is as follows:

“I swear (promise): “that I release entirely all loyalty “to foreign authority; “that I recognize and accept the highest authority “of and shall be loyal to “the Republic of Indonesia; “that I shall uphold the Constitution and other laws of “the Republic of Indonesia and “shall defend them faithfully; “that I bear this duty out of my own free will “and shall not diminish whatsoever”. [Depends upon circumstances.]

(6) After the petitioner has taken an oath or sworn allegiance as mentioned above, the Minister of Justice publishes such naturalization by inserting his decree in the State’s Paper. [Rep. Faleomavaega.]

(7) If the oath is not taken or allegiance not sworn within three months after the date of the decree of the Minister of Justice, said decree will automatically become null and void. … [Depends upon circumstances.]

Article 6.

Naturalization may also be granted for the interest of the State or because of services rendered to the State, by the Government with the approval of Parliament. In this case from the provisions of article 5 only those in para 1, para 5, para 6 and para 7 are applicable. [This article specifically excludes the age requirement on naturalization and allows it, presumably, for those under 21 who swear allegiance, if eligible. One whose parents have served the Indonesian State may be given a fast track to naturalization, as well might their children. Examples might be high-ranking members of the military or those who have worked to help educate such officials, aided Indonesian economic development through banking work, or performed ethnographic studies of Indonesian culture.]

Article 7.

(1) A foreign woman married to a citizen of the Republic of Indonesia, acquires the citizenship of the Republic of Indonesia, if and when she makes a statement as to that effect within 1 year after contracting said marriage, except in case when she acquires the citizenship of the Republic of Indonesia she possesses still another nationality, in which case the statement may not be made. [Would this require the surrender of the other citizenship first?] …

Article 12.

(1) A woman who because of or as a result of her marriage acquires the citizenship of the Republic of Indonesia, looses [sic] said citizenship again, if and when after her marriage has been dissolved she makes a statement as to that effect. Said statement shall be made within 1 year after the marriage has been dissolved to the Pengadilan Negeri or the Representation of the Republic of Indonesia at her residence. [Did she?]

(2) The stipulation in para 1 is not applicable if said person becomes stateless with the loss of the citizenship of the Republic of Indonesia. [Confusing: a woman who acquires Indonesian citizenship via marriage already must not hold any other citizenship, at least the way I read the law. But then, I’m not a lawyer.]

Article 13.

(1) …

(2) The citizenship of the Republic of Indonesia acquired by a mother also applies to her children who have no legal family relationship with the father, who have not reached the age of 18 and are not married yet after they have resided and are in Indonesia. … [Could this apply if there’s no father identified on the birth certificate? Is “legal family relationship” lost upon divorce? Or is Indonesian citizenship granted to the mother’s children, even if her Indonesian husband is not the father of her children, once they all reside in Indonesia?]

Article 14.

(1) If the children as mentioned in article 2 [adopted foreign child] and article 13 reach the age of 21, they loose the citizenship of the Republic of Indonesia again, if and when they make a statement as to that effect. Said statement shall be made within 1 year after the children have reached the age of 21 to the Pengadilan Negeri of Representation of the Republic of Indonesia at their residence. [If the statement is not made, then the citizenship continues?]

(2) The provision of para 1 is not applicable if said children become stateless with the loss of the citizenship of the Republic of Indonesia. [For example, no U.S. or British citizenship.] …

Article 16.

(1) A child who looses [sic] its citizenship of the Republic of Indonesia because its father or its mother looses [sic] said citizenship, regains the citizenship of the Republic of Indonesia after the child has reached the age of 18, if and when it makes a statement as to that effect. [Depends upon circumstances.]

Said statement shall be made within one year after the child has reached the age of 18 to the Pengadilan Negeri or Representation of the Republic of Indonesia at the residence of the child. [1979-1980]

(2) The provisions of para 1 is not applicable in case said child, after having acquired the citizenship of the Republic of Indonesia still possesses another nationality. [Depends upon circumstances and the mother’s citizenship.]

Article 17.

The citizenship of the Republic of Indonesia is lost because of:

a. acquiring another nationality out of one’s own free will, with the understanding that if the person concerned is, at the time that said other nationality is acquired, in the territory of the Republic of Indonesia, the citizenship of the Republic of Indonesia is only considered lost if the Minister of Justice declares it lost with the approval of the Cabinet Council on its own initiative or on the request of the person concerned; [Depends upon circumstances.]

b. not having rejected or having released another nationality whilst the person concerned has had the opportunity as to that effect; [Depends upon circumstances.]

c. being recognized by an alien as his/her child if the person concerned has not reached the age of 18 and is not married yet and does not become stateless with the loss of the citizenship of the Republic of Indonesia; [Remember 1971.] …

e. being declared as lost by the Minister of Justice with the approval of the Cabinet Council on the request of the person concerned if the person has reached the age of 21, is domiciled abroad and does not become stateless at the declaration of the citizenship of the Republic of Indonesia as being lost; [Depends upon circumstances.] …

j. having a passport or certificate which has the character of a passport from a foreign country in one’s name which is still valid; [Was there one?]

k. other than for state’s service, domiciling abroad during 5 consecutive years by not declaring one’s wish as to continue being a citizen before the period has lapsed and thereafter every two years; such a wish shall be declared to the Representation of the Republic of Indonesia at one’s residence. [Depends upon what, if anything, was declared to the Republic of Indonesia while abroad, attending school.]

For citizens of the Republic of Indonesia who have not reached the age of 18 yet, except if they are married, the five and two years’ period mentioned above is applicable as of the date that he reaches the age of 18. [The clock doesn’t start running until the child is 18. Approximately 1984, a declaration may have first been required.]

Article 18.

A person who looses [sic] the citizenship of the Republic of Indonesia as mentioned in article 17 letter k. regains the citizenship of the Republic of Indonesia if the person is domiciled in Indonesia based on an Entry Permit and makes a statement as to that effect. Such a statement shall be made to the Pengadilan Negeri at the residence of the person within 1 year after the person is domiciled in Indonesia. [Depends upon circumstances.] …

Concluding regulations.

Article I.

A citizen of the Republic of Indonesia who is within the territory of the Republic of Indonesia is considered to possess no other nationality. …

Article IV.

Whoever must prove that he/she is a citizen of the Republic of Indonesia and has no documents which indicate that he/she possesses or acquires or possesses or acquires along with the father/mother said citizenship, may request the Pengadilan Negeri at his/her residence to confirm whether or not he/she is a citizen of the Republic of Indonesia according to the usual tribunal procedure. This provision does not diminish the special provisions of or based on other laws.

Article V.

From statements made which cause the acquisition or loss of the citizenship of the Republic of Indonesia a copy is forwarded to the Minister of Justice by the official in question.

Article VI.

The Minister of Justice publishes in the State’s Paper names of persons who have acquired or lost the citizenship of the Republic of Indonesia.

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The Indonesian state paper is the Berita Negara.

h/t to alfy for information about 2006 changes made to the law of citizenship.