The theme of mixed marriages in Indonesia is full of a considerable number of legal responsibilities, regulations and concerns. Therefore, you need to be aware of your rights and obligations in order to marry an Indonesian citizen. This knowledge will do extensive research on your part, which should include discussions with couples who have recently experienced a process that is of interest to you.
Before discussing the nationality of children, it is helpful to explain the importance of the new immigration law (Undang Undang Republik Indonesia 6 - Year 2011), which entered into force on 5 May 2011. This law allows foreign spouses of Indonesians to seek ITAP (of five-year residence permit), having been legally married for two years. This has been celebrated since the House of Representatives and the Ministry of Justice and Human Rights agreed on a bill that no longer require foreign spouses to renew their license every year stay abroad and give them the right to work.
To rephrase, foreign spouses are automatically granted a permanent residence card as the Indonesian spouse provides sponsorship and expatriates would be able to remain in the country after divorcing his Indonesian partner as long as the marriage lasted at least 10 years, among others. However, it should be noted that the regulations are still being finalized, which means that in order to avoid problems with the implementation, you should wear a printed version of the law with you to authorities' approach. You can find a PDF copy Indonesian online while searching for the title.
Regarding children, the importance of this new law is highlighted in articles 54 (1) (c) and 60 (3). Section 54 (1) (c) states that permanent residence may be granted to the husband, the wife and / or children of an alien holding a permanent residence permit. Article 60 (3) provides that the permit for the mentioned applicants is granted directly. This means that if you or your children to choose a foreign nationality as opposed to an Indonesian and permanent residence is an option under the law. Please consult the appropriate authorities for details.
The concept of dual nationality should be discussed at this stage. The Citizenship Act which was enacted in 2006 dramatically changed the situation of children of mixed marriages in Indonesia. This law allows a child to have dual citizenship until they reach 18 years. When the child reaches that age, he or she must choose one nationality or Indonesia or the other. Between the ages of 18 and 21, dual citizenship is allowed. However, the period of three years is considered a transition period, during which the child must choose the citizenship he or she would like to keep.
Under the law, children are entitled to Indonesian citizenship include those who are born in a legal marriage in a mixed marriage of parents, regardless of whether the mother or father is Indonesian . In addition, the law provides for Indonesian citizenship to children born out of wedlock with the recognition of Indonesian parents, children born outside the territory of the Republic of Indonesia to an Indonesian parent and legally adopted children. Eligible children must be under 18 or not, if they must go through a normal naturalization process to obtain Indonesian citizenship.
Children born before 1 August 2006 are not automatically entitled to dual nationality. Their Indonesian citizenship is granted after an evaluation and a four procedure to six months. If the child was born before 1 August 2006, parents had until 1 August 2010 to complete the registration. If the registration is completed after, fines are imposed.
Children born after 1 August 2006 are automatically entitled to Indonesian citizenship. However, there are still procedures that must be completed. The procedure requires the submission of certain documents which will result in an affidavit that is stapled in a foreign passport, which is enough to allow children to stay in Indonesia without a permit request and / or to leave the territory of Indonesia. Note that there is no need of an Indonesian passport, but it is still highly recommended that you apply for a paspor RI (passport), especially if you intend to travel or have dual citizenship official documents.
If you go through the dual citizenship for your children, it is highly advisable to also consult the authorities of your foreign countries to confirm that everything you do is legitimate. It's possible they may ask for documents or confirmations from you.
As always, it is strongly recommended that you seek advice from either those who have gone through the process or legal counsel. complete discussion of this topic is outside the scope of this editorial, and it is advisable to inquire more information online through such sites as http://www.expat.or.id/info/mixmarriages.html# Dual.