Nationality Status of Chinese Indonesian Born in Indonesia

PERTANYAAN

I am a child of Chinese descent. I was born in Indonesia and am currently 24 years old (my mother and father were also born in Indonesia). The citizenship status of my father and mother is unclear, whether they are considered as Indonesian citizens or foreigners. According to my father, he applied to become an Indonesian citizen many years ago, but until now there has been no news of any result. With the existence of Law Number 12 of 2006 on Citizenship of the Republic of Indonesia, I have read from the sections “i” and “k” that I am an Indonesian citizen.

However, have I really become an Indonesian citizen, or do I still need to apply for my citizenship at the Population and Civil Registration Office, either in Jakarta or in my birthplace?

If I am now an Indonesian citizen, can I make an ID card (which documents should I bring)? Thank you for your answer. Regards, Edoardo Kusuma.

ULASAN LENGKAP

This article is an English translation of Status Kewarganegaraan WNI Keturunan Tionghoa yang Lahir di Indonesia which was written by Diana Kusumasari, S.H., M.H. and was published on Saturday, 23 June 2012.

All legal informations which are available through Klinik hukumonline.com have been prepared for educational purposes only and are general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

According to the book Menggugat SBKRI or Suing SKBRI which is published by Yayasan Pengkajian Hukum Indonesia (“YPHI”) (p. 39) it is explained that in international private law, there are two principles regarding nationality status, namely:

1. The principle of heredity (Ius sanguinis);
2. The principle of birth (Ius soli).

The determination of nationality through heredity (ius sanguinis), is a child who was born to the father (or mother if there is no legal relationship with the father), then the nationality of the child is the nationality of the parents in question regardless of where the child was born. The determination of nationality through the person's place of birth (ius soli) is a person's nationality that is determined according to the region/country where he/she was born.

From what you have described, both you and your parents were born in Indonesia. However, you still do not know clearly about your parents' citizenship or nationality status. If we refer to Article 4 letter i Law 12/2006, children born in the territory of the Republic of Indonesia, whose citizenship or nationality status of the father and mother is unclear at the time of birth, are considered as Indonesian citizens. Therefore, both you and your parents are Indonesian citizens.

According to the same book, in the making of Law 12/2006, the pro-sanguine group actually won, but with moderation. Thus, a child who should follow the nationality of the parents while it is still unclear what the nationality of the parents is, the nationality of the child follows the place where he/she was born.

So, you are an Indonesian citizen and there is no need to apply for proof of citizenship. And with your status as an Indonesian citizen, you have the same rights as any other Indonesian citizen, including obtaining an identity card (Kartu Tanda Penduduk/ “KTP”). The process and requirements for the issuance of KTP can be found on the website of the Department of Population and Civil Registration.

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Law Number 12 of 2006 on Citizenship of the Republic of Indonesia;