Citizenship Status of Children from Mixed Marriage

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Some Indonesian craves to marry a foreigner because of their charming physical appearance. Otherwise, many foreigners are also ‘affectionate’ with Indonesian people because of their exotics beauty and hospitality. Marriage of different citizenship is usually called a mixed marriage.

It apparently doesn’t only have an impact on married couples, but also on their offspring. It is dealing to the status of children born from mixed marriages whether it will be an Indonesian citizen or foreigner. Here are the explanations:

1. Dual Citizen

Based on Law No.12 of 2006 concerning Citizenship (“Citizenship Act”) addresses the citizenship status of children born from mixed marriages. Article 6 of the Citizenship Act provides that children of mixed marriages will have dual citizenship. The status is only valid until the age of 18 years old.

The granting of dual citizenship is a positive new breakthrough for children resulting from mixed marriages. Having dual citizenship means subject to two jurisdictions.

2. Choosing Nationality

After a child is 18 years old or married, she/he must choose one nationality, as an Indonesian citizen or foreigner. If the child chooses to become a citizen, then he must make a statement to become a citizen.

The statement was made in writing and filed electronically through the official website of the Directorate General of General Law Administration of the Ministry of Law and Human Rights.

3. Submitting Statement

After your child choose citizenship and then made statement, it should be submitted to Republic Of Indonesia Official. The deadline for submitting it to elect citizenship is three years from the age of 18 or the time he or she have been married.

For those born before August 1 st, 2006, the citizenship choosing statement form must be attached by a photocopy of passage decree of the Minister Of law and Human Right Concerning the determination of the  citizenship of the Republic Of Indonesia.

4. Arrangements Regarding Children of Mixed Marriage Results

The new citizenship law contains general or universal citizenship principles, such as:

  • The principle of ius sanguinis (law of the blood) is a principle that determines a person’s citizenship based on descent, not based on the country of birth.
  • The principle of ius soli (law of the soil) is a principle that determines a person’s citizenship based on the country of birth, which is limited to children in accordance with the provisions stipulated in this Law.
  • The principle of single citizenship is the principle that determines one nationality for each person.
  • The principle of limited dual citizenship is the principle that determines dual citizenship for children in accordance with the provisions stipulated in this Law.

The bureaucracy procedures are complicated enough for mixed married doer but sharing joy and sorrow is the point of marriage. One thing that should be considered is the born of a child. Mixed married, indeed has more complex preparation, for you, for your partner, and even for your children. You have to fulfil the legal requirements of citizenship.  As a wise man said Marriage is essentially a physical and spiritual bond between a man and woman to form an eternal and happy family. So good luck.

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