You gave birth to a child before you were legally married to your husband, so your child is an out-of-wedlock child. Then, can an out-of-wedlock child have dual citizenship status?
Please read the review below for a further explanation.
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One year after the birth of my child, I married a French man. Under French law, since we officially reported to the embassy in Jakarta, our child became a dual citizen, Indonesian and French. However, under Indonesian law, since I was considered a single mother when I gave birth to my child, my child only holds Indonesian Citizenship. Is it possible for us to change his status under Indonesian law so that he can have dual nationality? If so, what is the process? Thank you.
You gave birth to a child before you were legally married to your husband, so your child is an out-of-wedlock child. Then, can an out-of-wedlock child have dual citizenship status?
Please read the review below for a further explanation.
This article is an English translation of Status Kewarganegaraan Anak Luar Kawin dari Pasangan Campuran written by Bernadetha Aurelia Oktavira, S.H., and published on Thursday, 20 July 2023.
This article is an update from the article with the same title, written by NAYARA Advocacy and was published on Thursday, 25 February 2016.
All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.
In order to make it easier to understand, we summarize the information based on your question as follows:
The regulation of the principle of citizenship is necessary to regulate a person's citizenship status. This is important so that a person can get legal protection from the state, and receive their rights and obligations. Provisions on citizenship status are important to be regulated in the laws and regulations of the state. The laws and regulations made will then be used to determine a person's citizenship status.[1]
Referring to the General Elucidation of Law 12/2006, the principles of citizenship adopted are:
Furthermore, the question arises in what circumstances may a person hold dual nationality in Indonesia? Regarding this, we refer to the provisions of Article 4 letter c, letter d, letter h, and letter l Law 12/2006:
Citizen of the Republic of Indonesia is:
As well as the provisions of Article 5 Law 12/2006 which reads as follows.
Then referring to Article 6 section (1) Law 12/2006 regulates as follows:
In the event that the status of Citizenship of the Republic of Indonesia of children as referred to in Article 4 letter c, letter d, letter h, letter I, and Article 5 results in double citizenship children, after the children have reached the age of 18 or have married, the children must choose one of their citizenships.
Thus, in relation to your question where the child has been born in Indonesia outside of a legal marriage, then one year later you marry a man who is a French citizen, then your child can have dual citizenship in accordance to the basis of Article 6 section (1) jo. Article 5 section (1) Law 12/2006, provided that the French father legally recognizes the out-of-wedlock child.
Even though the child has dual citizenship, when the child turns 18 years old or is married, he/she must choose one of his/her citizenship, which is either Indonesia or France.
However, if the out-of-wedlock child is not the biological child of your French husband and there is no legal recognition, then the out-of-wedlock child does not have dual citizenship, but is an Indonesian Citizen.[2]
Because in fact, Indonesia does not recognize dual citizenship (bipartite) or statelessness (apatride) in absolute terms.[3] With the existence of dual citizenship status (bipartite), it brings uncertainty in a person's status, so that it can be detrimental to certain countries or to the person concerned himself. Meanwhile, in the case of adhering to the condition of apatride, it can bring consequences to those concerned who will not receive protection from any country.[4]
Thus, basically, the citizenship system adopted by Indonesia is a single citizenship system. Exceptions to it are given on a limited basis under certain conditions until the child turns 18 years old. After that, the child must choose and determine one of the citizenships.
These are the answers we can provide, we hope you will find them useful.
Legal Basis:
Law Number 12 of 2006 on Citizenship of the Republic of Indonesia.
Reference:
Rokilah. Implikasi Kewarganegaraan Ganda Bagi Warga Negara Indonesia. Jurnal Ajudikasi, Vol. 1, No.2, Desember 2017.
[1] Rokilah. Implikasi Kewarganegaraan Ganda Bagi Warga Negara Indonesia. Jurnal Ajudikasi Vol. 1, No.2, Desember 2017, pp. 56-57.
[2] Article 4 letter g Law Number 12 of 2006 on Citizenship of the Republic of Indonesia.
[3] Rokilah. Implikasi Kewarganegaraan Ganda Bagi Warga Negara Indonesia. Jurnal Ajudikasi Vol. 1, No.2, Desember 2017, p. 59.
[4] Rokilah. Implikasi Kewarganegaraan Ganda Bagi Warga Negara Indonesia. Jurnal Ajudikasi Vol. 1, No.2, Desember 2017, p. 60.
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