Sun, 25 Sep 2005

The implications of the citizenship law on mixed marriages

For children of mixed marriages:

Children automatically take the fathers' citizenship. However, based on the 1984 Convention on the Elimination of Discrimination Against Women (CEDAW), which has been ratified by Indonesia, the distinction between father and mother to determine children's citizenship should be eliminated. An Indonesian mother must get special permits issued by related ministries to receive custody of underage children. Once issued, the permits must be picked up at an Indonesian Embassy in another country. Stay permits for the children of Indonesian mothers are only valid for one year, and the children have to report to the police and administration offices at every level. The children also need a re-entry visa anytime they go abroad. Children of expatriate fathers can only go to international schools, where the tuition is relatively expensive. And once they finish school, even if they want to stay in the country, they cannot work unless they have a work permit (expensive) from the manpower ministry and company sponsorship (unlikely as that usually requires work experience). It is not clear whether expatriate mothers can become the guardians for their underage children if the fathers die. It is not clear whether expatriate mothers married to civil servants are eligible to receive husbands' retirement money for their children's needs if the father dies.

For Indonesian women marrying expatriate men: The Indonesian wife cannot sponsor her husband or grown up children for visas to stay in the country. The Indonesian wife cannot bequeath her wealth to her children. Many Indonesian wives have to leave their jobs and career if the husband loses his job in the country and has to leave.

For expatriate men married to Indonesian women: Non-Indonesian men cannot become Indonesian citizens without giving up the citizenship of their country of origin. For those who want to retire in Indonesia, the process is not easy and there are many complex requirements.

For expatriate women married to Indonesian men: Expatriate women must be sponsored by their husbands to be able to stay in the country, with stay permits having to be renewed every year. Re-entry visa is needed anytime they go abroad, and must be applied for with their husbands acting as sponsors. To work in the country, expatriate women must be sponsored by a company. Expatriate women do not have the right to inherit husband's property. The property must be sold within a year of the death of the husband.

-- Source: Inter-Nations Rainbow Alliance (APAB)