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Indonesian parliament passes law on citizenship
Indonesian House of Representatives on Tuesday endorsed the new law on citizenship, eliminating discrimination on ethnic, gender and marital status. Indonesian President Susilo Bambang Yudhoyono has also given his approval on the law, according to Minister of Justice and Human Right Hamid Awaluddin.
Continue reading , click the title



belgianguy
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this is a most important change of policy, read everything about it in today's jakarta post
for anyone living in indonesia with kids (or with plans to have any) this new law, if implemented properly, is gonna save an enourmous amount of hassle and expenses
I have a grand total of 3 kids here, that situation has given me a lot of (unwanted) experience with the indonesian bureaucracy
I gonna crack a couple of large bintangs tonight to celebrate, that's for sure




andre
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Yeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee! Emoticon: Very funny


Finally my family is cured from it's "nationality schizophrenia"

Thank you, SBY, thank you God, Thank you Emoticon: Very funny Emoticon: Very funny



belgianguy
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moreover it seems that for foreigners (both male and female) who are married to indonesians it will be a lot easier to obtain permanent residency and even become eligible for indonesian citizenship (before this new law that was nearly impossible)




sidia
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On 13-07-2006 18:23 belgianguy wrote:


(before this new law that was nearly impossible)


Before this new law ???

Pls see undang Undang kewarganegaraan 62 thn 1958.



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belgianguy
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that's exactly what's this new law is replacing, that outdated and discrimatory law from 1958...under the old law, foreigners married to indonesians and their children were in a real shit situation because their children were automaticaly foreigners too, so you had to deal with visas and extensions practically non-stop, as a result most friends I know who got married with kids in indonesia ended up back in their home countries
under the old law, marriage gave you zero benefits in terms of residency rights (the most you could get was a social visa, that also had to be renewed every month, really ridiculous)
also for the chinese in indonesia this new law is a huge step forward as the term indigenous and non-indeginous is scrapped, now the chinese in indonesia are first the first time considered as real citizens and can now run for public office, even the presidency! (though the going practice is that the president is always javanese and moslim)



sidia
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Yes , the new law is a(huge) step forward.

The old law was based on the ius sanguinis principle , like some (most ?) european countries.
About the the indonesian with chinese background , there are some problem in the past.
Caused bij the ius solli principle of te Chinese government .

At the first time for public office ????
You are kidding. Emoticon: Nooo
Never heard the name of Om Kwik ?


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Charley
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Although it is breaking news, I have read the article in Jakarta Post. To me it is still unclear the meaning of the implementation of this law. Is there somebody out there who can give me a real explanation about the benefits for foreign children ( born in Indo but having non Indo passports and living with mother under Kitas rule. Drinking some extra Bintang will not solve the present situation.



sidia
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I think that the child now can get the same rights as the other Indonesian.
Of course he must take some action , a new (2nd ) pasport etc.


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belgianguy
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well clearly there will be some kind of procedure involved
the consulate will let me know as soon as it becomes clear
but charley you should know that any reason is a good reason to drink an extra bintang (it is real damn hot and thirsty weather over here)
cheers!



searching
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There are still weaknesses in it, but still better than before.


Find out the real face of Islam, read www. faithfreedom.org

searching
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bij the ius solli principle of te Chinese government .

Never knew that Chinese Government adopted Ius Soli. I believe they adopt Ius Sanguinis as well.

And Belgian Guy doesn't speak about Kwik or Sudono Salim. He spoke about average Chinese Guys, including the poor Cina Benteng in Tangerang.

Searcing



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belgianguy
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yes someone like kwik is rather an exception
by far and large there are no chinese in the indonesian government, on all levels (ever seen a chinese bupati, or any officials in general?)
although the government could really use them, their managerial skills are in general a lot better
when I buy shares in indonesian companies, I look at the management structure of the company and make sure it's mainly chinese not pribumi
supposedly with the new citizenshiplaw chinese-indonesians are now equal to pribumi-indonesians but it remains to be seen how on in practice it will be implemented




(T)roy
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How is it with kids born in Holland from a Dutch Father and Indonesian Mother. Can they also get double nationality by this new law? Our 1st kid wil be born at ca. 2 september.
How will it be with a family visa. Is it possible for the woman to aplly for a family visa, so that the Dutch husban also can live in Indonesia?



(T)roy
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"Indonesian women are not automatically follow their husbands' citizenship status," he said, adding that women can be sponsors for their husbands to turn status to Indonesian citizens.

My question about the familyvisa is based on the text above.



divodurum
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Will a dream come true after 26 years of marriage?
(T)roy the problem still is, that Indonesia recognizes only one (1.) pasport.
If your wife gets a dutch pasport and goes to Indonesia with two pasports she has a problem when she leaves Indonesia. The immigration always wants to see the visa (or 'verblijfsvergunning') for Holland. If she obtains a dutch pasport she has to turn in her 'verblijfsvergunning' . She can't show her dutch pasport to the immigrasi because the Indonesian law says: if you except another nationality you automaticaly lose your Indonesian nationality. So how to get out of the country?
anybody experience?
Dick Emoticon: Confused




Wayang Golek: Petruk

(T)roy
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Hello divodurum,

my wife keeps her Indonesian nationality. We will go for a permanent stay visa (visa voor onbepaald tijd). Do you know how it goes? How about my question of our kid who will be born in Holland?



belgianguy
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here's an interesting article about the new citizenship law, more comprehensive than the jakartapost article, I think...
source:
INDONESIA DIGEST

Published by: TBSC-Strategic Communication
No.: 25.06 – Dated: 24 July 2006

NEWS AND BACKGROUND:

1. The Law and Good Governance:

• Indonesia’s New Law on Citizenship hailed as “Revolutionary”

On Tuesday 11 July, Parliament passed the new Bill on Citizenship, thus enacting it into law. And, most rarely, this time it was amidst applause from the gallery. Especially Women’s groups representing Mixed Marriages and ethnic Chinese hailed the new Law as “revolutionary”, since this Law now no longer discriminates Indonesia’s citizens based on ethnicity, race, religion, nor gender.

Kompas daily of 12 July explained that according to Article 2 of the new Law, this stipulates that Indonesians are those who are indigenous Indonesians and other nationals who, through legislation have become Indonesian citizens. While, explanations to this article mention that “Meant by indigenous Indonesians are Indonesians who are Indonesian nationals at birth and have never by their own will received another nation’s citizenship”.

With this clause, children of Chinese, Arab or Indian or other descent, are now automatically considered as indigenous Indonesians.

Hamid Awaluddin, Minister for Law and Human Rights, on behalf of the President underlined that this definition erased discrimination against certain ethnic groups in Indonesia, so that all ethnic groups and communities according to the Law, possess the same rights.

Similarly, gender equality has been taken into account, which was done through fundamental changes in the Law, that beforehand gave priority to male supremacy.

Article 26 mentions that, an Indonesian woman, married to a foreign husband, will not automatically follow the citizenship of her husband, except when, according to the law of the husband’s country, the wife must follow the citizenship of the husband. But even in such a case, the wife may still submit a Letter declaring that she wishes to remain Indonesian citizen within three years. This declaration is to be sponsored by her husband.

Children of mixed marriages are also protected in this Law. Children born from an Indonesian mother and a foreign husband, remain Indonesian citizens and may have dual nationality until they reach the age of 18.

Different from the earlier Law, the new Law also stipulates that the process of obtaining citizenship must be transparent, also providing six months for its process. The government is also given six months to issue new rules and regulations to be adjusted to the new Law.

For, Article 36 mentions that any government official who contravenes or delays the process for obtaining citizenship will be punished not only with administrative sanctions but also with criminal sanctions.

Furthermore, the Law also underlines that, any other legislation that go against the new Law, including Law No. 62 of 1958 on Citizenship, are hereby rescinded.

To recap, comparing Law No. 62 of 1958 and the new 2006 Law on Citizenship, Kompas states, differences are as follows:

- While the old Law was based on the Provisional Constitution of 1958, the 2006 Law is based on the Amended 1945 Constitution.

- Whereas the 1958 Law was based on the Principles of Ius Sanguinis, the 2006 Law is based on the mixed Principles of Ius Soli and Ius Sanguinis.

- While the 1958 recognizes single nationality only, the 2006 Law recognizes dual nationality of children from mixed marriages to the age of 18 years.

- Whereas the old Law states that an Indonesian woman, married to a foreign husband, automatically accepts the nationality of the foreign husband, the new Law stipulates that an Indonesian woman does not automatically need to accept the nationality of her husband.

- Whilst the old Law stipulates that a child born from an Indonesian mother and a foreign father automatically becomes a foreigner, the new Law states that a child born from an Indonesian mother and a foreign father is Indonesian national until the age of 18.

Further, Indonesia’s Trade and Investment News issued by the Coordinating Ministry for Economic Affairs further explains that under the old law, citizenship could only be handed down via a child's father, meaning children born to an Indonesian woman and a foreign man could not become Indonesian citizens. Such children could only live in Indonesia on temporary permits that were expensive and time-consuming to obtain.

A group of Indonesian women married to foreign husbands had lobbied for the 1958 law to be replaced and were in parliament when the new bill was passed. On reaching 18, children from mixed marriages must choose their citizenship, the law states.

The new law also stipulates that foreigners who have been living in the country for five years will be able to apply for Indonesian citizenship, but they must give up their original citizenship and be able to speak Indonesian, among other conditions.
The law also removes remaining elements of discrimination against Indonesians of Chinese descent, describing them as ‘indigenous’ Indonesians.

For your comments or further inquiries, please e-mail to: tbsc-strategyRemoved to prevent your adress from being spammed. Click this to go to the user profile.indo.net.id.





sidia
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On 24-07-2006 18:19 belgianguy wrote:


Children of mixed marriages are also protected in this Law. Children born from an Indonesian mother and a foreign husband, remain Indonesian citizens and may have dual nationality until they reach the age of 18.

- Whereas the 1958 Law was based on the Principles of Ius Sanguinis, the 2006 Law is based on the mixed Principles of Ius Soli and Ius Sanguinis.

- While the 1958 recognizes single nationality only, the 2006 Law recognizes dual nationality of children from mixed marriages to the age of 18 years.

The new law also stipulates that foreigners who have been living in the country for five years will be able to apply for Indonesian citizenship, but they must give up their original citizenship and be able to speak Indonesian, among other conditions.


It almost looks like the Dutch law.


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sidia
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On 17-07-2006 06:45 searching wrote:
There are still weaknesses in it, but still better than before.


What kind of weakness ?? , pse specified it.

tengkyoe


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sidia
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On 17-07-2006 06:49 searching wrote:
bij the ius solli principle of te Chinese government .

Never knew that Chinese Government adopted Ius Soli. I believe they adopt Ius Sanguinis as well.



Indonesian and Chinese gov. had negotiations for the legal position of Chinese migrants . Some of them are illegal .(1955 after years of negotations)
Resulting in the famous SKBRI.
That is a normal procedure in the most civiliced countries if someone (a stranger) will adopted another nationality..


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spacer line  

what ??? law ??? and no discrimination ???

what century is this???

tell you what. There is NO law in Indonesia. There is only 1 (ONE) Rule: "Money Talks".

All those pribumi are all fcuk-up.



sidia
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On 25-07-2006 04:57 anakkampung wrote:


All those pribumi are all fcuk-up.


3 possibilities
1. you are a Pribumi , or
2. You are a Non Pri , or
3. you are Kampungan.


Emoticon: Clown Emoticon: Clown Emoticon: Clown


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belgianguy
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the full text (in indonesian) of the new citizenship law can be found on www.parlemen.net



Hakbarrr
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Who on earth would like to their children to become Indonesian if they can keep their european status? Please consider also their future...




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