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Jokowi's dual citizenship comments create controversy
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(kompas.com) (kompas.com)
Illustration. (kompas.com)
President Joko 'Jokowi' Widodo's plan to amend Law No. 12/2006 to allow Indonesians to hold dual citizenship would be risky based on current law enforcement systems in Indonesia, according to lawmakers and legal experts.
'The government should conduct a comprehensive study to evaluate dual citizenship regulations because the idea is susceptible to various problems,' Hikmahanto Juwana, professor of international law at the University of Indonesia, told thejakartapost.com on Thursday.
According to Hikmahanto, having dual citizenship would increase people's tendency to avoid paying taxes in Indonesia by reasoning that they hold foreign citizenship.
The professor is concerned that people's divided loyalties could also become a challenge, suggesting that if Indonesia and a citizens other home country were to conduct war, it would be hard for them to choose, especially in the context of the current state defense program.
Another challenge, Hikmahanto said, related to the question of which authorities would protect a person if they were in trouble. He suggested that both states could plausibly claim the right to protection their citizen.
'However, [if the aim was] to ease migration for Indonesians who have been living abroad, the government could just amend visa regulations to favor those of Indonesia descent,' he asserted.
Indonesia's highest legislative body agreed with Hikmahanto, saying that President Joko Widodo should amend the law to ease migration before issuing a policy to allow Indonesians to hold dual citizenship.
'Does it also apply for those foreigners who are willing to become Indonesian citizens?' Muhyidin, the People's Consultative Assembly (MPR) deputy speaker said.
According to Muhyidin, if foreigners living in Indonesia were to no longer need to renounce their existing citizenship before taking up Indonesian citizenship, the government must calculate and carefully study the consequences of the policy.
Similar to the MPR leader, member of the House of Representative (DPR) Akbar Faisal said that the issue of citizenship is clear under Law No. 12/2006, which states that Indonesia does not recognize dual citizenship.
'The President must talk to the DPR before issuing such policy, ' Akbar said.
Another legal expert, however, said that allowing dual citizenship would create more positive connections with Indonesians living abroad.
'This regulation would enable Indonesians who live in other countries to have the same benefits as [Indonesian] citizens themselves,' said Tristam Pascal Moeliono, a legal expert from Parahyangan Catholic University.
Not only easing the movement of people between countries, Tristam asserted, this regulation would also contribute to the improvement of Indonesia's economy.
Tristam said that having dual citizenship would enable people to invest in other countries without difficulty, including purchasing land. It might also, he continued, be in sync with the ideals of the ASEAN Community, set to begin by the end of 2015.
People with dual citizenship are also likely to be protected by both countries' laws. In this case, Indonesia would hardly be worried about Indonesians receiving protection from their country of permanent residence abroad, he said.
However, Tristam added that the possible negative impact of dual citizenship, revolving around people's loyalty toward their other home country, should be assessed ahead of any law amendment.
Earlier, President Jokowi promised that his administration would pay more attention to the growing role of the Indonesian diaspora and seek a way to allow dual citizenship for Indonesian citizens and their families who have permanently settled overseas.
The pledge was made during a gathering of more than 1,000 Indonesians living in the US at the residence of the Indonesian ambassador there, during Jokowi's state visit last week. (dan/edn)(+)
