Eligibility for Indonesian Citizenship Based on Birth in Indonesia

Being born in a country often grants the right to citizenship, but the specifics can vary widely depending on the jurisdiction. This article aims to clarify the eligibility criteria for Indonesian citizenship if you were born in Indonesia, focusing on the principles of ius sanguinis and ius soli.

Automatic Granting of Citizenship

Under Indonesian law, if you were born in Indonesia, you are eligible for Indonesian citizenship through automatic granting, provided at least one of your parents is an Indonesian citizen. This principle, known as ius sanguinis, means that your national identity is determined by your parentage.

Children of Indonesian Parents

For children born to both Indonesian parents, citizenship is granted automatically at birth.

Children of Mixed Marriages

In cases of mixed marriages, where one parent is Indonesian and the other is of foreign nationality, the child is also granted Indonesian citizenship automatically. However, the child may need to renounce their foreign citizenship at the age of 21 or choose to retain one at that age, adhering to the legal provisions under Act No. 12 of 2016 concerning the citizenship of the Republic of Indonesia.

Example Cases

Both parents are Indonesian: Yes, the child is automatically an Indonesian citizen. One parent is Indonesian and the other maintains foreign citizenship: Challenging, as dual citizenship is generally not recognized for adults under Indonesian law. Parental citizenship status unknown: Yes, the child is considered an Indonesian citizen. Parents could not be found (e.g., the parents left the baby behind): Yes, the child is considered an Indonesian citizen.

Children of Foreign Parents

In cases where you were born in Indonesia to foreign parents, the situation is more complex. The principle of ius soli applies here, where birth within a country grants the right to citizenship, but with certain conditions and regulations.

Children born in Indonesia to foreign parents do not automatically acquire Indonesian citizenship. However, they may become eligible for citizenship through naturalization. The naturalization process involves meeting specific requirements such as residency duration, language proficiency, and knowledge of Indonesian culture.

Challenges and Processes

It is important to note that if one of your parents is not Indonesian and does not maintain their original citizenship, the child may face challenges in retaining Indonesian citizenship. In such cases, the child must choose one citizenship by the age of 21, typically relinquishing the other to adhere to Indonesian law.

Renunciation of Dual Citizenship

Indonesia generally does not recognize dual citizenship for adults. Therefore, if you wish to become an Indonesian citizen, you may need to renounce your other citizenship if you already hold one. This process can be facilitated by consulting the Indonesian embassy or a legal expert specializing in immigration law.

Conclusion

The eligibility for Indonesian citizenship based on birth in Indonesia is primarily determined by the parentage and the principles of ius sanguinis and ius soli. Understanding these principles can help clarify the process and requirements for obtaining Indonesian citizenship.

If you have specific circumstances or additional questions, it is advisable to consult with the Indonesian embassy or seek legal advice from an immigration law expert.