Discrimination prevails for mixed couples

Ary Hermawan ,  The Jakarta Post ,  Jakarta   |  Tue, 12/30/2008 11:03 AM  |  Potpourri

Despite its claims of pluralism, Indonesia still struggles to erase discrimination. Along with the ethnic Chinese or those related to a member of the banned Indonesian Communist Party (PKI), Indonesians who marry a foreign national, and their children, could find their civil rights denied.

The issue has received plenty of attention since Soeharto's 32-year authoritarian rule came to an end a decade ago, including the praiseworthy passage of the new citizenship law in 2006, but it is naive to expect it has been enough to settle the issue once and for all.

Reforming discriminatory legislation is one thing, ending discriminatory culture is another. While it took only a few years and, of course, strong political will to revise old discriminatory legislation, it could take a generation or two to fully wipe out the cultural remnants of decades of anti-Communism, anti-Chinese and xenophobic administrations.

Nevertheless, the nation has made some improvements worth noting.

Perca Indonesia is one of the country’s organizations advocating for the rights of families with mixed marriages. It also serves as a place to share experiences, to participate in social activities and to discuss various issues — not only to help themselves but also to create programs which can be beneficial to society. (JP/Ary Hermawan)

Speaking to The Jakarta Post recently, members of Perca Indonesia, an organization of Indonesian transnational families, said their lives had become much easier after the government passed the new citizenship law allowing their children to have dual citizenship, which cuts costly and time-consuming visa applications.

This is a blessing that they would happily share with other families of their kind.

"We would like to remind those who have not yet applied for dual citizenship for their children, whether they live in Indonesia or abroad, that the deadline for the application is approaching," organization chairwoman Rulita Anggraini told The Jakarta Post.

The citizenship law stipulates that children of mixed couples born before 2006 must apply for dual citizenship within four years of the law being enacted. If they miss the deadline, Rulita said, they would miss the opportunity to get the benefits she and her colleagues now enjoy.

She was particularly concerned about Indonesians living abroad with their foreign husbands or wives, who are either oblivious to the new policy or simply reluctant to battle the country's notoriously frustrating bureaucracy.

"I have a friend in the United States who was unenthusiastic about the new policy. I guessed she was having a good life there and had no intention of returning to live in Indonesia," said Rulita, who has three children with her American husband.

"But then she called me recently, asking me about it. I think she changed her mind after the economic crisis hit the U.S."

While Perca members found the process cheap (about Rp 500,000 or about US$45) and easy (it took about three to six months), they admitted that in some cases people had to pay more and spend more in getting dual citizenship.

"It really depends on whether or not we have prepared all the required documents," Perca member Diah S. Kusdinar said.

As of October, 6,679 people had applied for dual citizenship since the law was enacted, according to the Justice and Human Rights Ministry. Rulita believes the number should be higher, although she is unable to provide an exact figure.

Perca estimates there could be at least 1,000 Indonesians -- mostly women -- who marry foreign nationals each year, and now with more people having access to the Internet, cross-national relationships are no longer outside the norm.

"Some people asked us the same question, but it is just hard to find reliable figures in Indonesia," another Perca member Juliani Luthan, who married a Japanese man, said.

Nevertheless, the organization has been consistently asking the government to do more to publicize the new policy, especially abroad.

An official at the justice ministry, Asyarie Syihabudin, said it was difficult to determine the number of mixed-marriage families, especially those living overseas.

"We don't know the figures but we assume that Indonesians mostly live in Malaysia, Netherlands, Japan and the United States," he told the Post.

Because of its limited budget, the ministry was expecting Indonesian embassies and consulates to inform Indonesian citizens overseas about the new regulation.

"We just gave them the information and they spread the information using their own funds," he said.

Perca does its bit too. Apart from spreading the good news through their website and social networks, Perca also remains vocal about the prevailing discrimination against transnational families.

They are protesting against the 48-year-old agrarian law made during the Sukarno era that prohibits an Indonesian who marries a foreign national from owning property, and a Bank Indonesia regulation that regards the spouse of a foreign national as ineligible to borrow.

This law was made about 15 years after Independence, when anti-imperialist sentiments were still very strong and most Indonesians were suspicious of, if not downright opposed to, anything foreign.

"We can't own land or property, because we are married to a foreigner. What often happens is that many transnational couples buy land using another people's identity. This is wrong and could backfire on them in the future," Rulita said.

"This is unfair. We are also Indonesian citizens," Juliani added.

The initiative to revise the obsolete legislation has been around for a long time, raised especially by NGOs defending the rights of farmers and underprivileged communities, as land disputes are common in Indonesia.

The People's Consultative Council also suggested the law be revised in 2001, as it was considered to overlap with other legislation.

The National Land Agency is currently tasked with studying the law for revision, but it remains unclear when the draft revision will be submitted to lawmakers for deliberation.

Perca members are undecided about whether to file for a judicial review to overturn the articles that violate their rights, saying they need to learn more about it to find out if it is feasible.

They have already met with experts and officials, including former Constitutional Court chief Jimly Asshiddiqie and Justice and Human Rights Minister Andi Mattalata, to discuss the issue.

Yet this is only one raison d'*tre for Perca.

Perca, established in 2008, is not only a forum for transnational families to vent their complaints and rant about the injustices of the country's legislation. It is also a place where they can share their joy, happiness and even pride about being part of a transnational family without losing their sense of nationalism.

"Our activities included celebrating the country's independence together by holding races," Rulita said. "For many of our children, it was the first time they took part in anything like that."

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