Mixed marriage in Indonesia`s Law

5 Feb

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mix couple

It is not uncommon issues anymore if we often find a pair of mixed marriages, many of which we meet is the pair of Indonesian women with foreign men, but not many Indonesian men marrying foreign women. Increasingly sophisticated technological advances that make the distance is not a problem for prospective couples of mixed marriages.

 

There is a parable like a rose that blooms, without thinking even though we picked out the flowers spiked. We think that the thorns if we are not careful it will be exposed spines, thorns or if we hit it will not hurt. Then we smelled the flowers, without thought there is a bee in it.

I described roses as mixed marriages that look very beautiful and luxurious, everything looks perfect, especially a promising future, I described a rose thorn  as always inherent differences in mixed marriages, the intermarriage candidates think that they will not be differences in never a problem if they were careful to keep, appreciate the differences between them, when the difference is a problem it will be resolved as quickly as possible before fatal. While I described bees as the law is always attached to everyone-individuals, in this case is the Law of Citizenship.

1. Marriage registration made in Foreign Countries

Resident citizen who has the Civil Registration Act, issued by another state, after returning to Indonesia reported to the Office of Population and Civil Registration in the relevant place of domicile. Reporting done by fulfilling the requirements: KK and ID cards, reporting evidence from local and Quotes Representative Rl Civil Registration Act (Article 14 Regulation of the Minister of Interior No. 12 of 2010 on Guidelines for recording and reporting of marriage certificate issued by another country).

Head of the Population and Civil Registration Certificate issued Reporting on the report referred to in Article 14 at least 14 (fourteen) days from the date of fulfillment of all requirements.

2. Obtaining Citizenship Indonesia

Foreign citizens (foreigners) who are legally married to an Indonesian Citizen (WNI) to obtain citizenship of the Republic of Indonesia to be a citizen to submit a statement before the authorities (Article 19 of Law No. 12 of 2006 on nationality).

Child as the result of marriage is the most beautiful gift in life every pair, but it is unfortunate to add a new problem for mixed marriages, especially in mixed marriages are not going well and should be stopped in the middle of the road.

3. Legal Status of Children of Mixed Marriage

In Act No.12 of 2006 on nationality explains the various terms Indonesian Citizen (WNI), namely:

– Citizen is any person who on the basis of legislation and / or Government of the Republic of Indonesia on the basis of agreements with other countries before this Act applies has become a citizen;

– citizens are children born of legitimate marriage of a citizen father and foreigner mother,

– Indonesians are children born of legitimate marriage of a foreigner father and mother citizen

– citizen is a child born outside of marriage is legitimate from a mother who is recognized by a foreign national citizen as his father and the confession made before the age of 18 or not married.

Citizen child born outside of marriage is valid, not yet 18 years old and not married legally recognized by the father of foreign nationality is recognized as a citizen.

Article 29 of Law No.23 of 2002 on the protection of children explained that in case of mixed marriages between Indonesian Citizen (WNI) and foreigners (foreigners), then the children born of such marriages are entitled to obtain citizenship of the father / mother in accordance with provisions of laws and regulations.

Children born of parents who are the principle of ius soli kewarganeragaraannya / ius sanguinis citizenship causing children to become double. Children with dual nationality, must have been registered by orangta or guardian at the immigration office or representative of the Republic of Indonesia in the areas they cover their residence (Article 59 of Government Regulation No. 2 of 2007 concerning the procedures for obtaining, loss, cancellation and regain citizenship Republic of Indonesia).

Children with dual citizenship no later than 3 (three) years after the age of 18 years or married must declare choose one nationality.

If the child chose to be a citizen then he should make a statement and submitted to the Officer or Representative of the Republic of Indonesia whose jurisdiction covers the child’s residence. The statement submitted in writing in the Indonesian language on paper bearing enough and at least the following:

a. full names of children who made the statement;

b. place and date of birth;

c. sex;

d. residential address;

e. the full name of parents;

f. marital status of parents; and

g. nationality of parents.

If children choose foreign citizenship or do not choose one citizenship, the provisions of legislation concerning foreigners and restore the decision, documents, or other letters that prove the identity of the child as a citizen at the latest within 14 (fourteen) days from the date limit the period specified by the Act to choose ends.

In the event of divorce from a mixed marriage is the child’s right to choose citizenship or based on court decisions, are in the care of one of the two parents. If the child has not been able to make choices and her mother is a citizen then the child’s best interests or at the request of his mother, the government is obliged to take care of the citizenship status of the Republic of Indonesia for the child.

4. Loss of Citizenship

Indonesian citizens who have lost kewarganegaraanya if residing outside the territory of the Republic of Indonesia for 5 (five) years continuous service is not within the framework of the country, without valid reason and intentionally not declared his intention to remain a citizen of Indonesia prior period 5 (five) years ended, and every 5 (five) years in question did not file the statement intends to remain a citizen of Indonesia to the Indonesian Representative whose jurisdiction covers the relevant residence when Representative of the Republic of Indonesia has been informed in writing to the concerned, all concerned not to be without nationality (Article 23 of Law No.12/2006).

Citizens who lost citizenship of the Republic of Indonesia as referred to above can regain Citizenship of the Republic of Indonesia by submitting a written request to the Minister, in the case of applicants residing outside the territory of the Republic of Indonesia, an application submitted through the Representative of the Republic of Indonesia whose jurisdiction includes the applicant’s residence.

Female citizens married to foreigners kehilanganKewarganegaraan men under the law of the Republic of Indonesia if the law of her husband’s country of origin, nationality of the wife following the husband’s nationality as a result of the marriage.

Male female citizen who marries a foreign citizen loses citizenship of the Republic of Indonesia if the country of origin according to the law of his wife, the husband’s nationality following the nationality of the wife as a result of the marriage.

If you want to remain a citizen can file a statement of its intention to the Officer or Representative of the Republic of Indonesia whose territory includes the residence of women or men, except the filing resulted in dual citizenship.

There will be many other problems that arise, we’ll cruise one by one and if you have questions or problems let’s share ^_^

copyright : nova sayaka situmeank

email : ichi.noova@gmail.com

nys-pa-050211

Republic of Indonesia

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