Sat, 03 Dec 2005

Experts call on govt to adopt dual citizenship

Tb. Arie Rukmantara, The Jakarta Post/Jakarta

Karin Sukarya, the wife of an Indonesian diplomat who has been living here for decades, will never be able to pass on her property inheritance to her children.

Not because she can't afford it, but because she is a German citizen.

"As a foreigner, I'm not allowed to own a single property here. So, there's no way for me to be able to pass on a house to my children unless I become an Indonesian," Karin told The Jakarta Post.

Under Law No. 62/1958 on citizenship, Karin is denied Indonesian citizenship unless she gives up her German citizenship, as Indonesia only recognizes single citizenship.

"I can't give up my citizenship because I get a pension and other benefits from the German government. On the other hand, I love this country because all my family is here. Why should one have to choose if there is another option... dual citizenship?" she questioned.

Responding to the case, professor of politics from the University of Indonesia Burhan D. Magenda called on the government to adopt dual citizenship by revising Law No. 62/1958, saying the law was already outdated.

"The law is 47 years old. It was passed during the cold war when Indonesia feared that people with dual citizenship could pose threats to national security," he told a discussion on the new draft law on citizenship on Wednesday.

The draft is currently being deliberated in the House of Representatives, which is expected pass it by the end of this year.

Burhan said the current law was approved by the parliament based on an agreement made by then Indonesian foreign minister Prof. Sunaryo and his Chinese counterpart Zhou En i (still be checked further) in order to deny dual citizenship to Indonesians of Chinese descent.

The concern came from Mao Zedong's statement in the 1950s, that all Chinese persons anywhere in the world had the right to hold Chinese citizenship, he added.

"But the cold war has ended. So, from the political point of view, there's no harm in adopting dual citizenship now," said Burhan, a former House member.

A similar call was made by sociologist Paulus Wirutomo who said the government should consider adopting dual citizenship because the prevailing citizenship law has endangered the unity of mixed families.

As an example, he cited articles in the law that stipulate that children of mixed couples with husbands who are foreigners are not Indonesians because the state recognizes the ius sanguinis principle, meaning that the right of citizenship comes from the fathers' line.

"A mixed marriage should be considered with a positive attitude. It shows the couple embraces universalism and multiculturalism because they have set aside the differences of ethnicity, race and sometimes religions. The law should facilitate the implementation of such values instead of discouraging them," said Paulus, whose two children were forced to give up their Indonesian citizenship in order to obtain American passports.

He also said that revisions to the citizenship law should ensure the protection of citizens sociologically and psychologically, apart from political considerations.

"If the concern is national security, a strict citizenship law is not the answer. Who can guarantee that those holding only Indonesian citizenship are more loyal than those with dual citizenship?" he argued.