Proposal to Allow Children of Dual Nationality to Choose Citizenship Until Age 28
The Mixed Marriage Family (KPC Melati) has submitted policy recommendations regarding the Draft Law on the Citizenship of the Republic of Indonesia (RI) to the Minister of Law, Supratman Andi Agtas.
In these recommendations, KPC Melati is pushing for the implementation of an ‘18+10’ scheme for children of dual nationality to choose their citizenship. “This scheme provides children the opportunity to express their choice of citizenship from the age of 18 until a maximum age of 28,” said the Chairperson of KPC Melati, Rinawati Prihatiningsih, in a written statement on Wednesday (2/9).
Rinawati stated that extending the selection period is necessary so that these children can make decisions based on maturity and their life circumstances. “Based on the experience of mixed marriage families, we recommend the 1-8+10 formula up to age 28 so that children have the opportunity to complete their education, build independence, and determine their choice more maturely,” Rinawati said.
She added that the ‘18+10’ scheme is not a demand for unlimited dual citizenship. “Children must still determine a single citizenship, but they are given a more realistic timeframe to make a decision that has a permanent impact on their identity and future,” she noted.
Between the ages of 18 and the mid-20s, many children are still pursuing higher education, starting careers, remaining economically dependent on parents, or have not yet gained certainty regarding the country where they will build their lives. “They are not foreigners newly requesting to be part of Indonesia. They were born to Indonesian parents and were previously recognised as Indonesian citizens. Indonesia must not lose its children simply due to excessively short administrative deadlines,” Rinawati emphasised.
Article 52 should serve as a safety net
KPC Melati also responded to Article 52 in the draft Citizenship Bill, which opens a pathway for applications to regain Indonesian citizenship for children of dual nationality who lose their status after the selection deadline has passed. However, Rinawati noted that this mechanism is not an automatic restoration. Children must first lose their Indonesian status before applying to regain it.
“Article 52 serves as a safety net for those who have lost their Indonesian status. However, prevention remains simpler, more humane, and more efficient. We must not allow every generation to lose their citizenship first, only to then apply to regain it,” she said.
KPC Melati recommends that children of dual nationality who fail to submit a choice because they are unaware of the procedure, do not receive notification, or face administrative hurdles should not be treated the same as those who consciously choose a foreign nationality. For this group, the process of regaining citizenship should be conducted through a simple declaration or registration, rather than a procedure resembling general naturalisation.
The State needs to provide active notification
Furthermore, KPC Melati believes that the burden of fulfilling administrative obligations should not fall entirely on children and parents. According to Rinawati, the government possesses the data of registered children of dual nationality. Therefore, the state needs to provide active and repeated notifications before a child enters the selection period and as the deadline approaches.
“An Indonesian child should not lose their status simply because they are unaware of the applicable procedures or deadlines. The government needs to build a notification system that is active, easily accessible, and verifiable,” said Rinawati.
On the other hand, the Director General of General Legal Administration, Widodo, explained that current provisions regarding the choice of citizenship for children of dual nationality refer to Article 6 of Law Number 12 of 2006 concerning the Citizenship of the Republic of Indonesia. Under these provisions, children must declare their choice of citizenship after reaching the age of 18 or upon marriage, at the latest three years thereafter. Consequently, the final deadline for selection is generally age 21.