I am married to an American husband. Our marriage took place in 2008 in Indonesia. I still retain my Indonesian citizenship. Recently, my husband has stated his intention to become an Indonesian citizen several times. Therefore, I intend to inquire about the requirements and methods that my husband could take to become an Indonesian citizen. Thank you.
DAFTAR ISI
INTISARI JAWABAN
Guidelines on the requirements to become Indonesian citizens due to marriage are regulated under Regulation 36/2016, which contains a legal framework and guidelines for foreign citizens who are legally married to Indonesian citizens and who wish to obtain Indonesian citizenship.
Based on Regulation 36/2016, foreign citizens who wish to become Indonesian citizens submit applications to the minister electronically through the official website of the Ditjen AHU.
Please read the review below for a further explanation.
This article below is an update of the article entitled Requirements and Procedures to Obtain Indonesian Citizenship (Syarat dan Tata Cara Memperoleh Kewarganegaraan Indonesia) which was first written by NAYARA Advocacy and was first published on 26 Oct 2017.
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.
Prior to discussing the requirements to become Indonesian citizens, it is important to note that Indonesian citizenship is obtained through citizenship which is undertaken by submitting an application ("Application for Citizenship") to the Minister of Law and Human Rights through the Directorate-General of General Law Administration (Direktorat Jenderal Administrasi Hukum Umum/ "Ditjen AHU").
Indonesian Citizenship Applicants
Besides having to fulfill the requirements to become Indonesian Citizens, there are a number of criteria that must be met by applicants. In relation to this matter, in general, Law 12/2006 stipulates that applications for Indonesian Citizenship may be submitted by applicants with the following criteria:
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Foreigners who are legally married to Indonesian Citizens (Warga Negara Indonesia/ "WNI");[1]
Foreigners who have served the Republic of Indonesia;[2]
Citizens who have lost their Indonesian citizenship and wish to regain their Indonesian citizenship.[4]
The submission of citizenship applications for each applicant criteria has different procedures and stages. In relation to your question above, in this case, your husband's application for citizenship falls into the category of application for the citizenship of foreigners who are married to Indonesians.
The requirements for becoming an Indonesian Citizen, the procedure for obtaining Indonesian citizenship through marriage, and the procedure for granting it will be explained below.
Requirements to Become an Indonesian Citizen
According to Article 9 of Law 12/2006, the requirements for foreigners to become Indonesian citizens are namely:
must be at least 18 (eighteen) years old or married;
must have resided in the territory of the Republic of Indonesia for at least 5 (five) consecutive years or for at least 10 non-consecutive years;
physically and mentally healthy;
must be able to speak Bahasa Indonesia as well as acknowledge Pancasila as the Foundation of State and the 1945 Constitution of the Republic of Indonesia;
have never been sentenced to a criminal offense which is subject to imprisonment for 1 (one) year or longer;
if by obtaining the Citizenship of the Republic of Indonesia, he does not become a dual citizen;
have a job and/or have a fixed income; and
pay citizenship fees to the State Treasury.
Procedures to Obtain Indonesian Citizenship through Marriage
Guidelines on the requirements to become Indonesian Citizens due to marriage are regulated under Regulation 36/2016, which contains a legal framework and guidelines for foreign citizens who are legally married to Indonesian Citizens and who wish to obtain Indonesian citizenship.
According to Regulation 36/2016, foreign citizens who wish to become Indonesian Citizens must submit their applications to the minister electronically through the official website of the Ditjen AHU.[5]
In relation to the requirements to become Indonesian Citizens, at the time of submitting an application, the Applicant shall upload the following documents:[6]
Applicant's personal data that have been legalized by authorized officials from their countries of origin, which consist of:
A copy of a birth certificate that has been translated into Bahasa Indonesia by an official sworn translator and has been legalized by an authorized official;
A copy of the Identity Card (Kartu Tanda Penduduk/ "KTP") or a certificate of domicile for the applicant that has been legalized by the authorized official.
Personal data of the applicant's spouse which includes:
A copy of the birth certificate which has been legalized by the Department of Population and Civil Registration;
A copy of an ID card that has been legalized by the Official of the Regency/City-level Population and Civil Registration Office;
Copy of the applicant's marriage certificate/marriage book (for Muslims) which has been translated into Bahasa Indonesia by an official sworn translator and legalized by the authorized official at the place of the marriage.
Original letter of certifications from the following institutions:
immigration office in the domicile of the applicant which explains that the applicant has resided in Indonesia for at least 5 (five) consecutive years or for 10 (ten) non-consecutive years;
Police record of the applicant issued by the National Police Headquarters of the Republic of Indonesia (Markas Besar Kepolisian Negara Republik Indonesia/ “Mabes Polri”);
a diplomatic representative of the applicant's country of origin who clarifies that if the applicant acquires Indonesian citizenship then the relevant person will lose the citizenship of his or her country of origin; and
a government hospital that explains the applicant's physical and mental health.
Six recent passport-sized photographs of the applicant (4x6 cm in size with a red background, and must be neatly and politely dressed).
Original proof of payment for an application of a statement to become an Indonesian Citizen (the application fee is set at IDR 2.5 million per application).
After submitting the application electronically, the Applicant must submit the above documents physically to the minister through the Ditjen AHU along with a statement letter stating the validity of the physical document content, which is submitted within a maximum period of 5 (five) days from the date the application is received electronically.[7]
Procedure for Granting Citizenship through Marriage
Upon receipt of the physical documents relating to the abovementioned requirements for Indonesian citizenship, the minister will have 10 (ten) business days to check the completeness and correctness of the submitted documents, starting from the time the physical documents are received.[8]
In the event that there is a lack of completeness of physical documents, the minister shall notify and request the applicant to complete the deficiency within a period of no later than 14 (fourteen) business days from the date of notification. Otherwise, the application will be rejected and a notice of rejection shall be sent to the applicant electronically. However, applicants may re-submit new applications at a later time.[9]
If after the examination, the citizenship application is declared complete, then the minister shall establish a decree on the obtaining of Indonesian citizenship and submit it electronically to the applicant and the representative of the applicant's country of origin.[10] In addition, the minister will announce the name of the applicant who has obtained Indonesian citizenship in the State Gazette of the Republic of Indonesia.[11]
Last, applicants are required to return documents relating to their status as foreign citizens to the relevant authorities within 14 (fourteen) days of the issuance of the relevant ministerial decree.[12]
After obtaining the status of an Indonesian Citizen, the next step is the making of KTP for Indonesian Citizens whose requirements and procedures are determined by the Department of Population and Civil Registration in which the applicant is domiciled.
These are the answers we can provide, we hope you will find them useful.
