Prasetyadji

3/31/26, 9:00 AM After 20 years, it is time to amend the Citizenship Law – Academia – The Jakarta Pos

OPINION ACADEMIA

After 20 years, it is time to amend the Citizenship Law

Though the 2006 Citizenship Law was hailed as a landmark in its day, it needs amending to reflect the modern-day realities of 2026 so Indonesians of diaspora communities and mixed marriages can contribute to and serve their homeland, if they choose.

Paschasius Hosti Prasetyadji (The Jakarta Post)

Jakarta Tue, March 31, 2026

Law No. 12/2006 on citizenship of the Republic of Indonesia has served as a landmark piece of legislation for the past two decades, particularly for children of mixed-heritage families: those born from marriages between Indonesian citizens (WNI) and foreign nationals (WNA). According to the Great Dictionary of the Indonesian Language (KBBI), mixed-heritage individuals represent the intersection of two cultures and often possess a unique dual identity that makes them natural global citizens. Meanwhile, the broader Indonesian diaspora, those who have migrated and settled abroad, continues to grow, forming a vast network of potential contributors to the nation’s future.

At its inception, the Citizenship Law was hailed as a milestone for human rights and gender equality in Indonesia and was highly revolutionary compared to its predecessor Law No. 62/1958. It provided long overdue legal protection to Indonesian women married to foreign men, ensuring that their children were not rendered stateless or automatically foreign.

It also introduced the concept of limited dual citizenship, allowing these children to hold two passports until the age of 21. For 20 years, this served as a “role model” law.

However, the world in 2026 is vastly different from that in 2006. As the global economy becomes increasingly interconnected and technology erases physical borders, our citizenship framework must evolve. We are currently witnessing a war for talent where nations like Singapore, Germany and Australia are actively courting skilled young professionals.

If Indonesia does not adapt, we risk a massive “brain drain”, where talented children of mixed heritage “flee” to other nations simply because our administrative processes are too rigid or their window of choice is too narrow.

While the 2006 law was a step forward, it left significant gaps. For instance, mixed-heritage children born before the law’s passage were given a strict four-year window (Aug. 1, 2006, to Aug. 1, 2010) to determine their citizenship status. Many families, unaware of the deadline or caught in bureaucratic red tape, missed this window.

Today, an estimated 5,000 individuals find themselves in a legal gray area, having failed to determine their status despite living as Indonesians their entire lives.

For those born after 2006, the challenge is the current age limit of 21 years: choosing a single nationality between the ages of 18 and 21. In practice, this period is when most young adults are still pursuing university degrees or just entering the workforce.

Forcing a life-altering legal decision during such an unstable life stage often leads youths to choose their father’s nationality for the sake of educational scholarships or international mobility, even if their heart remains in the “motherland”. As a result, Indonesia loses a skilled citizen even before they have a chance to contribute to the national economy.

Government Regulation (PP) No. 21/2022, which replaced PP No. 2/2007, was a welcome breakthrough. By simplifying requirements and setting a manageable nontax state revenue (PNBP) fee of Rp 5 million (US$294), it earned the nickname the “five-million-rupiah PP” among mixed couples. This was a vital acknowledgement that the cost of citizenship should not be a barrier to entry for our own people.

However, administrative hurdles remain. Many children born in Indonesia to mixed-heritage families lack a Permanent Stay Permit (ITAP) or a Limited Stay Permit (ITAS). The law should be flexible enough= to allow population biodata from the Civil Registration Service to serve as valid proof of residence.

Furthermore, we must address the middle-class hurdles of taxes and asset ownership. To truly feel like citizens, these individuals must have the right to own property and be exempt from foreign tax brackets, reflecting their status as children of Indonesian nationals.

The solution lies in extending the horizon of choice. The deadline to choose between Indonesian and foreign citizenship should be extended until the individual has completed a master’s degree or reached 27. This age reflects the reality of modern professional development, giving young adults the time to finish their specialized training abroad and return to Indonesia with skills in science, technology and economics.

These individuals are more than just “assets”. They are bridges. Their cross-cultural backgrounds make them naturally adept at diplomacy and international trade. They possess the blood and spirit of Indonesia, often combined with high-level education and global networks that could catalyze Indonesia’s goal of becoming a top five global economy

As we look toward Golden Indonesia 2045, the new amendment to the Citizenship Law must also redefine the diaspora. We should consider extending this definition to the third generation, including grandchildren of former Indonesian citizens. This “right of return”, or streamlined naturalization process at the Law Ministry, would allow those with Indonesian heritage to reconnect with their roots without the grueling hurdles that unrelated foreign nationals currently

face.

Improving this law is about more than just paperwork; it is about creating a conducive climate that invites the global Indonesian community to contribute to national development. They deserve a legal framework that makes them feel at home and empowers them to serve their country.

***

The writeris a senior researcher at the Indonesian Citizenship Institute (IKI).