DUAL CITIZENSHIP

Dual citizenship, also known as multiple citizenship or bipatride, refers to a legal status in which an individual is recognized as a citizen of two or more countries. This situation may arise because each country has different requirements and criteria for determining citizenship.

In general, dual citizenship means that an individual holds citizenship in more than one country and is recognized as a citizen by the respective governments. Depending on the laws of the countries concerned, an individual may hold citizenship in one or more countries, or in certain circumstances, may be left without citizenship.

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Can Indonesian Citizens Hold Dual Citizenship?

Generally, Indonesian citizens are not permitted to hold dual citizenship. An Indonesian citizen may lose their Indonesian citizenship (WNI) upon acquiring another citizenship under the circumstances specified by Indonesian citizenship law.

Under Article 23 of the Indonesian Citizenship Law, a person may lose their Indonesian citizenship for, among others, the following circumstances:

  1. Voluntarily acquiring another citizenship;

  2. Failing to reject or relinquish another citizenship when given the opportunity to do so;

  3. Being declared to have lost Indonesian citizenship by the President upon their own application, provided that the person is at least 18 years old or married, resides abroad, and would not become stateless as a result of losing Indonesian citizenship;

  4. Joining the military service of a foreign country without prior permission from the President;

  5. Voluntarily joining the service of a foreign country where the relevant position, under Indonesian law, may only be held by an Indonesian citizen;

  6. Voluntarily taking an oath or making a pledge of allegiance to a foreign country or a part of a foreign country;

  7. Participating, without being required to do so, in a foreign country's constitutional or governmental election;

  8. Holding a passport or passport-like document issued by a foreign country, or another document that may be regarded as evidence of foreign citizenship;

  9. Holding another valid citizenship in their own name; or

  10. Residing outside the territory of the Republic of Indonesia continuously for five years, other than for government service, without a valid reason and intentionally failing to declare their intention to retain Indonesian citizenship before the five-year period expires, and thereafter failing to submit such a declaration every subsequent five-year period to the Indonesian Representative Office with jurisdiction over their place of residence, despite having been notified in writing, provided that the person does not become stateless.

Countries That Recognize Dual Citizenship

A number of countries recognize dual citizenship, including Türkiye, Jamaica, Switzerland, Australia, New Zealand, Canada, and the United States.

Indonesia, however, generally does not recognize unrestricted dual citizenship under Law No. 12 of 2006 concerning Indonesian Citizenship.

Advantages and Disadvantages of Dual Citizenship

The issue of dual citizenship may involve both potential benefits and considerations.

Potential Advantages

Indonesian citizens with valuable skills or expertise who reside abroad may be able to return to Indonesia without concerns about losing their citizenship. This may also allow Indonesia to benefit from their expertise if their skills are needed in the future.

Potential Disadvantages

Indonesian citizens who have lived abroad may choose to remain overseas and contribute their skills and expertise to another country rather than return to Indonesia.

How Lawyers Can Assist with Citizenship Matters

A lawyer may assist clients with matters relating to Indonesian citizenship, including:

  1. Legal Advocacy
    Advocating for the client's rights and interests in matters concerning Indonesian citizenship.

  2. Legal Representation
    Providing legal assistance and representation throughout the process of obtaining, retaining, or resolving issues concerning citizenship status.

  3. Legal Research
    Conducting legal research and reviewing relevant legislation and legal materials, including Indonesian citizenship laws and regulations.

  4. Legal Claims and Applications
    Assisting with the preparation of legal claims, applications, and supporting documents based on the applicable citizenship legislation.

  5. Legal Advice
    Providing legal advice within the scope of applicable laws and regulations concerning Indonesian citizenship and citizenship applications.

  6. Protection of Legal Rights
    Ensuring that the client's legal rights and interests are properly addressed in accordance with the applicable Indonesian citizenship laws and regulations.



Legal Basis

Law No. 12 of 2006 concerning Indonesian Citizenship

Family Law Legal Consultants

Navigating an international marriage in Indonesia can involve multiple legal, administrative, immigration, and documentation requirements. Our family law team provides legal consultation and assistance to help clients understand the applicable requirements and complete the necessary procedures.

Contact our legal team via WhatsApp to discuss your international marriage requirements.

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