Prasetyadji

oleh : Paschasius HOSTI Prasetyadji

As a country that located at the center among world wide trading-route, Indonesia is a country that possess multi ethnicities and cultures. The occurrence of mixed marriages between citizens, giving birth to children who are called mixed-race children. According to The Big Indonesian Dictionary, mixed-race children are the result of mixed marriages of two different types of citizens (different countries).

According to the Citizenship Law which was first made namely Number 3/1946, Indonesian citizens (WNI) are those who have lived for generations for 5 (five) years before 17 August 1945 and did not refuse to become Indonesian citizens (WNI).

Over time, in 1958 the Government issued Citizenship Law Number 62/1958, which was considered to have shackled the rights of citizenship for Indonesian women who married foreign men and their children. Because according to that law, their citizenship status follows their husband or father citizenship. And the naturalization process to become an Indonesian citizen at this time, costs a lot of money and takes a very long time. It can take years.

5,000 Half-Bloods

With the issuance of the Citizenship Law Number 12/2006 and Government Regulation Number 2/2007 in this millennial era, the problem of citizenship by the Government is considered to have been resolved. Because for mixed-race children from mixed marriages of Indonesian citizens and foreigners who were born before Law No. 12/2006, they are given the option (period to determine their citizenship status) of 4 (four) years, from 1 August 2006 to 1 August 2010, between to remain Indonesian citizens or become a foreigner following the citizenship of one of his parents.

As stated by the Director of State Administration, Ministry of Law and Human Rights, Baroto, that children from mixed marriages who were born before the enactment of Law Number 12 of 2006 must submit an application to obtain Indonesian citizenship status. Meanwhile, children from mixed marriages who were born after the issuance of Law Number 12 of 2006 will be given Indonesian citizenship automatically. However, when they are 18 to 21 years old, the child must choose whether to become an Indonesian citizen or a foreigner, in order to avoid dual citizenship.

In reality, there are still 5,000 mixed-race children from mixed marriages who were born before 2006 have not yet determined their citizenship status.

From the discussions held by the Indonesian Citizenship Institute with mixed marriage citizens, there are several things that still be consideration, that there are still many children from mixed-marriage families who have not yet determined their citizenship status, and how they still enjoy educational facilities, health facilities and other facilities in one of the countries of their parents, eventhough they are above 21 years old; some others hope to have dual citizenship for life. As a result, their citizenship status is considered to be a foreign citizen.

Government regulations

The issuance of Government Regulation (PP) Number 21/2022 as a substitute for PP Number 2/2007 about Procedures for Obtaining, Losing, Cancelling, and Reacquiring the Indonesian Citizenship, many people regard as a revolutionary breakthrough. Why ?. Because the requirements are simplified, the completion process is accelerated, and with a PNBP (Non-Tax State Revenue) fee of Rp. 5,000,000.- (five million rupiah). So that among citizens who do mixed marriages, this regulation is known as “PP Five Million Rupiah”.

There are some of the requirements for citizenship applications that provide convenience for those children, such as in the case of a child born in the territory of the Republic of Indonesia and does not have the Required Immigration Certificate in the form of a Permanent Stay Permit (ITAP)/Limited Stay Permit (ITAS), then the child may attach Resident Biographical Data issued by the Population and Civil Registration Service.

The General Director of Legal and General Administration (AHU) of the Ministry of Law and Human Rights, Cahyo Rahadian Muzhar said that “improving the law through PP Number 21 of 2022 is in line with the various efforts that the government make to improve the country’s work on attracting various parties to come to Indonesia to make a positive contribution to national development. It is hoped that this regulation can also encourage the Indonesian diaspora, including children of Indonesian descent who are skilled, have a great love for the Motherland, and want to contribute to Indonesia,” he said.

The Potential

The children from mixed marriages averagely have higher education and are human resources that are big enough to support Indonesia’s development. They have experience on working in a globally oriented environment.

Meanwhile, their cross-cultural family background enables them to adapt and tolerate quickly as times changing quickly.

They may also be able to play an active role and contribute as a connector between Indonesia and various nations in the world in the aspects of education, science, technology, economy and culture. The only thing that they hope, is that the process is simplified and the completion is accelerated.

This revolutionary Government Regulation is only valid until May 31, 2024, and will only become a directory if it is not be socialized optimally. And for children from mixed-marriage families, it will only be ridiculous if this policy is not to be implemented immediately. *

Paschasius HOSTI Prasetyadji : Senior Researcher at the Indonesian Citizenship Institute

Catatan : Tulisan ini sudah dimuat di Koran The Jakaerta Post, 22 Juni 2024.

Why citizenship offer for mixed children lacks takers

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