Draft Bill on Citizenship Opens the Door to Dual Citizenship, While Children of Mixed-Marriage Couples Remain Required to Choose

The Government is currently finalizing strategic measures to overhaul Law No. 12 of 2006 on Citizenship of the Republic of Indonesia (“Citizenship Law”). The Draft Bill (“Draft Bill”) is expected to provide limited and selective avenues for dual citizenship.

“The Draft Bill is currently being discussed with the Legislative Body (Baleg) of Indonesia’s House of Representatives (“DPR”), and one of the matters under discussion concerns dual citizenship,” said Dhahana Putra, Director General of Laws and Regulations (“DJPP”) at the Ministry of Law, to Hukumonline.

Based on the draft Citizenship Bill obtained by Hukumonline, the mechanism for granting dual citizenship status is regulated under Article 5 paragraph (3) in conjunction with Article 25, applicable to Foreign Nationals who have “rendered services to the Republic of Indonesia or for reasons of national interest.” This criterion is further clarified to include outstanding achievements in the fields of humanitarian affairs, science and technology (“Iptek”), culture, environmental protection, or sports that bring honor to the nation.

On the other hand, the draft Citizenship Bill maintains the rigid restriction applicable to children holding dual citizenship as a result of mixed marriages between Indonesian Citizens (“WNI”) and Foreign Nationals (“WNA”), who will still be required to choose one of their citizenships. The Draft Bill also does not provide an exception allowing dual citizenship for Foreign Nationals who marry Indonesian Citizens. This provision requires foreign spouses of Indonesian Citizens to relinquish their original citizenship if they wish to become Indonesian Citizens.

“Further provisions are still under discussion,” he added.