With the prevalence of mixed marriages in Indonesia and among Indonesians living abroad, the legal protection for children born from these unions has become increasingly crucial. Indonesian legislation must adapt to ensure these children receive the necessary legal safeguards. One significant concern is the citizenship status of children from mixed marriages. The previous single citizenship law, which mandated that children follow the father's nationality, often caused complications, especially if the parents separated, leaving mothers struggling to care for children with a different citizenship.

Understanding Citizenship Principles: Ius Soli and Ius Sanguinis

Citizenship can be determined through principles based on birth (Ius Soli) or descent (Ius Sanguinis). Ius Soli, derived from the Latin for "law of the soil," assigns citizenship based on the place of birth. Ius Sanguinis, meaning "law of the blood," grants citizenship based on parental nationality. These principles are vital in shaping the citizenship status of children from mixed marriages.

Registering Dual Citizenship for Children

Children born from mixed marriages between Indonesian citizens and foreigners must be promptly registered with the government via the immigration office. These children are granted the right to choose their citizenship at 18 or within three years after turning 18. This provision ensures that children have clear citizenship status and helps prevent statelessness.

Legal Framework for Dual Citizenship

Law No. 12 of 2006 outlines the conditions under which children can hold dual citizenship:

1. Children born to an Indonesian father and foreign mother in a legal marriage

2. Children born to a foreign father and Indonesian mother in a legal marriage

3. Children born outside a legal marriage to a foreign mother but recognized by an Indonesian father before 18 years old or before marriage

4. Children born abroad to Indonesian parents, where the country of birth grants citizenship

5. Children of Indonesian citizens born outside of a legal marriage, under 18, and recognized by their foreign father

6. Children under five, legally adopted by foreign citizens based on a court determination

Registration Procedures

To register a child with dual citizenship, parents or guardians must:

1. Submit an application to the Head of the Immigration Office in the child's residence area

2. Include the child’s full name, birth details, gender, address, parents' names, nationalities, and marital status

3. Provide original and photocopies of the child’s birth certificate, parents' marriage or divorce certificates, the child’s foreign passport (if available), and four recent color photos (4x6 cm)

The registration process involves:

1. Verification of documents by the Registration Receiving Official

2. Recording of the service identity, unit, serial number, and year code in the register book

3. Issuance of registration proof within three working days by the Head of the Immigration Office, Head of Representative of the Republic of Indonesia, or an Immigration Official

Importance of Legal Status for Children

Children, being legal subjects who cannot undertake legal actions independently, require assistance from parents or guardians. The updated Citizenship Law brings positive changes, particularly in securing the relationship between children and their mothers by allowing limited dual citizenship for children from mixed marriages. This new provision ensures better legal protection and clarity in citizenship status for these children.