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Despite Jokowi's aspirations, dual citizenship not on horizon
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Members of the Java Diaspora community join hands while pledging their allegiance to the nation during a conference in Yogyakarta over the weekend, coinciding with the 71st anniversary of the country's independence. (JP/Suherdjoko)
R
ecent controversy over dual citizenship and the growing role of the Indonesian diaspora have brought up the country's long-time plan to revise the 2006 Citizenship Law to allow dual nationality.
Following the dismissal of former energy and mineral resources minister Arcandra Tahar over his citizenship status, Coordinating Maritime Affairs Minister Luhut Pandjaitan has signaled that the government might allow dual citizenship in the future to accommodate "another" Arcandra who might benefit the country with their skills and experience.
President Joko "Jokowi" Widodo has reiterated that the law revision is indeed in his favor, as he invited 74 Indonesian professors living in the US, some who may already hold US citizenship, to return and assist his administration in developing the country. The bill containing the revisions to the 2006 law has also entered the 2014-2019 National Legislation Program (Prolegnas).
However, despite Jokowi’s aspiration, the political mood in the House of Representatives is not in support of dual citizenship.
"We should stick to only allow a single citizenship, however, we can still accommodate Indonesian diaspora interests [without having to allow dual citizenship],” Indonesian Democratic Party of Struggle (PDI-P) deputy chairman Andreas Hugo Pareira said.
Indonesia has experienced the phenomena of brain drain, which happens when skilled workers migrate abroad to seek work opportunities, resulting in brain gain for destination countries, Andreas said. However, instead of revising the law, Indonesia could create better incentives for its diaspora to turn the brain drain into brain gain, he added.
Taking lessons from India and China, two countries that created brain gain from their diaspora; Indonesia could provide better policy, infrastructure, as well as facilities to accommodate its diaspora to develop the country. China, for example, offers simpler investment procedures for its diaspora to invest in the country, Andreas said.
Gerindra Party legislator Muhammad Syafii said he opposed dual citizenship since it was susceptible to abuse by those who only wanted to gain economic benefits from Indonesia. It could collide with the country’s national interests in the future, he said.
Experts, including state law expert Hikmahanto Juwana and international law expert Mahmud Syaltout have said dual citizenship would be dangerous for the country because people could use it for criminal action, including tax evasion.
“Humans act on their own interest. With dual citizenship, they will consider which citizenship brings them more benefits. [For example] they will use Indonesian citizenship when they invest, but he can opt to use their foreign citizenship to get their money abroad,” Syaltout told The Jakarta Post.
Top government officials themselves are not exactly enthusiastic about allowing dual citizenship. But as a show of goodwill to the lobbying diaspora communities, the government gave immigration privileges to them.
Government Regulation (PP) No. 26/2016 on immigration signed by President Jokowi on June 27, an amendment of PP No. 31/2013, stipulated the diaspora could obtain five-year multiple entry visas.
Once the regulation is implemented, the diaspora would also able to extend their stay permits from 30 days to 60 days per visit, according to the law.
The visa privilege could be enjoyed by members of the Indonesian diaspora that possess “diaspora cards”, an identity token for Indonesians abroad the government plans to roll out soon after deliberations are completed. Deliberations are to finish by the end of this year, Foreign Minister Retno Marsudi has said.
The Office of the Coordinating Economic Minister is also drafting a list of economic benefits for the diaspora, including better access to doing business in the country, property ownership and value-added investment opportunities, as a response to the strong aspirations of Indonesians abroad, Retno said.
“There is no need to revise the law to allow dual nationality. Now that we have [introduced a set of visa privileges], there is no need for the diaspora to go back and forth to apply for visas. Dual citizenship still has a long way to go as it requires further studies,” Law and Human Rights Minister Yasonna Laoly said.
Indonesia’s decision to finally recognize its diaspora’s aspirations, came from an estimated 8 million Indonesians taking up residence abroad, has been generally welcomed by the diaspora, who said that at least the government had become responsive in creating a solution based on mutualism principles.
Nuning Hallet, the Jakarta representative of the Dual Citizenship and Immigration Advocacy Team, Indonesia Diaspora Network Global, said diaspora cards should function more like citizenship cards that could bring more benefits, such as giving members of the diaspora who had gained foreign citizenship privileges to invest in the country not as foreign investors, but as Indonesian investors.
She, however, said the diaspora would continue to push for dual citizenship. “It is the aspiration of Indonesians abroad,” Nuning said. (evi)
