Experts call on govt to adopt dual citizenship
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saying the law was already outdated.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.
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.