Revocation of Indonesian Citizenship – Based on Citizenship Act Number 12 Year 2006, it is stated that citizenship status can be revoked when someone has taken an oath of loyalty to another country and get citizenship status from another country.

But how does the process of revoking citizenship? Does it when someone takes an oath of loyalty to another country, the citizenship status revoked immediately? Apparently not, revocation of citizenship status has to go through a long series of processes. Only the President has the right to revoke one’s citizenship status.

To regulate the revocation of citizenship, the government then issued PP Number 2 In 2007. PP which is a derivative Citizenship Act regulates the procedures for obtaining, losing, canceling, and regaining citizenship of the Republic of Indonesia. The procedure for revocation of citizenship is regulated in Chapter V, Article 31 to Article 39. In the first part, it governs the conditions for citizenship to be revoked.

Article 31

1. Indonesian citizens naturally lose citizenship because:

a) Obtaining another nationality of his own volition;

b) Not refusing or not giving up other citizenship, while the person concerned has the opportunity for it;

c) Entered the foreign army service without prior permission from the President;

d) Voluntarily enter the service of a foreign country, the position of such service in Indonesia in accordance with the provisions of the legislation can only be held by Indonesian citizens;

e) Voluntarily take an oath or declare a loyal promise to a foreign country or a part of that foreign country;

f) Not required but to participate in the selection of something constitutional to a foreign country;

g) Have a passport or letter which has similar function as passport from a foreign country or a letter which can be interpreted as a valid citizenship identity from another country on his behalf, or

h) Residing outside the territory of the Republic of Indonesia for 5 (five) consecutive years not because of state service, without valid reasons and deliberately not expressing his desire to remain an Indonesian citizen before the period of 5 (five) years that he wishes to remain become an Indonesian citizen to a Representative of the Republic of Indonesia whose jurisdiction covers the area of ​​residence concerned, whereas the Republic of Indonesia representative has notified the person concerned in writing, as long as the person concerned does not have citizenship.

2. Indonesian citizens are declared to have lost citizenship by the President at their own request if the person concerned is 18 (eighteen) years old or has been married, resides abroad, and by being declared losing Citizenship of the Republic of Indonesia does not have citizenship.

Before the President decides to revoke one’s citizenship, there is a series of processes that must be gone through. Ministry of Law and Human Rights has an important role before the President issues a decision to revoke citizenship.

Article 32

1. The head of the central government’s level agency who knows that there are Indonesian citizens who meet the provisions of the loss of citizenship of the Republic of Indonesia as referred to in Article 31 paragraph (1) coordinates with the Minister.

2. The head or regional government’s level agency who knows that there are Indonesian citizens who meet the provisions of the loss of citizenship of the Republic of Indonesia as referred to in Article 31 paragraph (1) write a report to higher officials.

3. Members of the community residing outside the territory of the Republic of Indonesia who are aware of Indonesian citizens who meet the provisions of losing the Citizenship of the Republic of Indonesia as referred to in Article 31 paragraph (1) write a report to the Representative of the Republic of Indonesia.

Article 33

1. The report referred to in Article 32 paragraph (2) and paragraph (3) shall at least contain:

a) Full name, address of the reporter and reported; and

b) The reason for loss of citizenship of the reported.

2. The report referred to in Article 32 paragraph (1) shall at least contain:

a) A copy of the Republic of Indonesia Travel Letter on behalf of the person concerned; and

b) A copy of passport or letter which has a similar function as passport from a foreign country or a letter which can be interpreted as a valid citizenship identity from another country on reported behalf.

After getting the report, the minister must confirm the report about the loss of citizenship. The Minister is given the authority to verify reported parties, reporters and even related institutions that are useful for supporting data.

After that, the minister issued a Ministerial Decree on the name of the person who lost citizenship. The ministerial decree then forwarded to the President, officials whose working area includes the residence of the person who lost his citizenship, a representative of the Republic of Indonesia whose working area includes the residence of the person who lost his citizenship, and related agencies.

Article 35

1. The application for the loss of citizenship of the Republic of Indonesia as referred to in Article 31 paragraph (2) shall be submitted in writing by the person concerned to the President through the Minister.

2. The application referred to in paragraph (1) shall be written in the Indonesian language with sufficiently stamped and shall at least contain:

a) Full name

b) Date and place of birth

c) Full address

d) Occupation

e) Gender

f) Marital status

g) Reason 

3. The application referred to in paragraph (2) shall be accompanied by:

a) A copy of a birth certificate or a letter proving the birth of the applicant that is validated by the Head of Representative of the Republic of Indonesia;

b) A copy of marriage certificate/marriage book, divorce certificate, or death certificate of the applicant’s wife/husband for those who are not yet 18 (eighteen) years of age and who have been married which is validated by the Head of Representative of the Republic of Indonesia;

c) A copy of the Republic of Indonesia Travel Letter or ID card on behalf of the applicant which is validated by the Head of Representative of the Republic of Indonesia;

d) Statement from the representative of a foreign country that by losing the Citizenship of the Republic of Indonesia the applicant will become a foreign citizen; and

e) 6 (six) sheets of applicant’s most recent color photographs size 4×6 (four by six) centimeter.

4. The application referred to in paragraph (2) and its attachments shall be submitted to the Representative of the Republic of Indonesia whose working area covers the applicant’s residence.

The Representative of the Republic of Indonesia then checks the completeness of the citizenship revocation requirements and must be submitted to the minister within two months. After that, the minister who has received a request from the Representative of the Republic of Indonesia will verify the request and then if the request is received, within a period of 14 days, the request will be forwarded to the President.

Article 38

1. The President determines the decision regarding the loss of citizenship of the Republic of Indonesia.

2. The Presidential Decree as referred to in paragraph (1) shall be submitted to the Representative of the Republic of Indonesia no later than 14 (fourteen) days from the date the Presidential Decree is enacted and copies thereof submitted to the Minister and Representative of the Republic of Indonesia.

3. The Representative of the Republic of Indonesia shall submit the decision as referred to in paragraph (2) to the applicant no later than 7 (seven) days from the date the Presidential Decree is received.

Article 39

The Minister announces the name of the person who lost the Nationality of the Republic of Indonesia as referred to in Article 34 and Article 38 in the Official Gazette of the Republic of Indonesia.

0 Comments

Trackbacks/Pingbacks

  1. OSS 1.1 is Officially Launched | Indoservice - […] Foreign Company Representative Offices (KPPA) previously not managed through OSS, addition of revocation methods, addition of branch office options…
  2. Deportation of Foreign Citizens and Procedures for Banning Revocation | Indoservice - […] Revocation of the ban will be carried out an assessment related to violations that have been committed and consideration…
  3. Revocation of Indonesian Citizenship – Business Consultant Indonesia - […] Source: https://indoservice.co.id/revocation-of-indonesian-citizenship/ […]

Submit a Comment

Your email address will not be published. Required fields are marked *

WhatsApp chat