The case of Gloria Natapradja Hamel, 16, could be just the tip of the iceberg of problems in connection with Law No. 12/2006 on Indonesian citizenship, which replaced Law No. 62/1958 as the latter could not address problems that occurred in the community related to citizenship. The amendment underlined the importance of the right to citizenship as an instrument of the state’s fulfillment of human rights.

Gloria was a unique case when viewed from the current perspective. Referring to the Citizenship Law, Gloria is the daughter of a French father and Indonesian mother. Her citizenship status falls under Article 4 of the law, which gives persons like her an opportunity to hold dual citizenship until the age of 18. The law stipulates that no more than three years after such children reach the age of 18, they must choose between Indonesian citizenship and being an alien.

But the problem with Gloria is that she is subject to transitional provisions of the 2006 law, especially Article 41, which says that children below 18 years old who were born of mixed marriages before the 2006 Citizenship Law was enacted are required to register with the law ministry or Indonesian representative offices overseas no later than four years after the law took effect. As the law came into force in 2006, Gloria should have chosen whether to become an Indonesian or a foreign national in 2010 at the latest. She was then automatically considered a foreign national.

It is painful to see how a student who loves this country perhaps more than most Indonesian citizens do had to bury her dreams of becoming part of the prestigious flag-raising team due to administrative problems.

Most likely Gloria and her parents, as well as the national team who selected her, do not understand the Citizenship Law in full.

To prevent such problems from recurring, there are some possible solutions that can be taken into consideration. First, Gloria had proven her potential after passing a strict selection process from regional to national levels and she did not deserve such miserable treatment.

Article 20 of the Citizenship Law stipulates that the President, after obtaining confirmation from the House of Representatives, can award Indonesian citizenship to foreigners who have contributed to the state of the Republic of Indonesia. In the case of Gloria, it would not be difficult for the President to immediately ask for the House’s approval for Gloria’s Indonesian citizenship.

Second, Gloria could apply for Indonesian citizenship regularly. Article 9 of the law states that requirements for the naturalization of foreigners include a minimum age of 18 and having lived in Indonesia for five straight years or 10 years non-consecutively. In the case of Gloria, who was born and educated in Indonesia, she fulfills the requirements except in terms of age. She has to wait two more years to be eligible to apply for naturalization through a regular manner.

Third, to immediately end public confusion and to prevent unnecessary loss of citizenship simply due to administrative matters, the President could sign a government regulation in lieu of law to amend the Citizenship Law with an aim to extend the maturity date of children of mixed marriages to report to the Law and Human Rights Ministry, from 2010 originally. The move will prove the state is committed to protecting the right to citizenship.

The government is responsible for realizing the desire of persons who have demonstrated their love for the country to obtain Indonesian nationality.

_____________________________________

The writer, who holds an LLM degree in constitutional law, works for the Law and Human Rights Ministry. The views expressed are his own.

Popular

Furniture exporters decry new quarantine rule

EV industry urges govt to reinstate two-wheeler subsidies as market slows

BRICS shows internal rifts as ministers fall short of joint statement