Law No. 62 of 1958, Law on the Citizenship of the Republic of Indonesia

Date of entry into force:1 August 1958 THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering: that it is necessary to have a law on the citizenship of the Republic of Indonesia; With a view to:

a.articles 5 and 144 of the Provisional Constitution of the Republic of Indonesia;

b.article 89 of the Provisional Constitution of the Republic of Indonesia;

With the approval of Parliament; Has decided: To cite:

The Law on the Citizenship of the Republic of Indonesia.

Article 1. Citizens of the Republic of Indonesia are:

a.persons who, based on the legislation and/or treaties and/or regulations prevailing since the August 17, 1945 Proclamation, are already citizens of the Republic of Indonesia;

b.persons who at their birth have a legal family relationship with their father, a citizen of the Republic of Indonesia, with the understanding that said citizenship of the Republic of Indonesia starts as from the existence of that legal family relationship and that said legal family relationship is created before the persons concerned have reached the age of 18 or before they are married at an earlier age;

c.a child born within 300 days after the decease of its father, if said father is a citizen of the Republic of Indonesia at the time of his death;

d.persons whose mother is a citizen of the Republic of Indonesia at their birth, if at that time they have no legal family relationship with their father;

e.persons whose mother is a citizen of the Republic of Indonesia at their birth, if their father has no nationality, or as long as the nationality of the father is unknown;

f.those born within the territory of the Republic of Indonesia as long as both parents are unknown;

g.a child found within the territory of the Republic of Indonesia as long as both parents are unknown;

h.persons who are born within the territory of the Republic of Indonesia, if both parents have no nationality or as long as the nationality of both parents is unknown;

i. persons born within the territory of the Republic of Indonesia who have not acquired the nationality of the father or mother at the time of their birth and as long as they do not acquire the nationality of either their father or mother;

j. persons who have acquired the citizenship of the Republic of Indonesia according to the regulations of this law.

Article 2.

(1)A foreign child of less than 5 years age who is adopted by a citizen of the Republic of Indonesia acquires the citizenship of the Republic of Indonesia, if such an adoption is declared legal by the Pengadilan Negeri at the residence of the person adopting the child.

(2)Said declaration of legality by the Pengadilan Negeri shall be requested by the person adopting the child within 1 year after such an adoption or within 1 year after enforcement of this law.

Article 3.

(1)A child outside a marriage of a mother who is a citizen of the Republic of Indonesia or a child out of a legal marriage, but who has in a case of divorce been assigned to the care of its mother, a citizen of the Republic of Indonesia, who follows the nationality of the father, a foreigner, may present a petition to the Minister of Justice in order to acquire the citizenship of the Republic of Indonesia, if, after, having acquired the citizenship of the Republic of Indonesia, it possesses no other nationality or states at the same time to have released another nationality according to the procedure stipulated by the legal provisions of the country of origin and/or according to the procedure stipulated by the agreement on the settlement of the bi-nationality between the Republic of Indonesia and the country in question.

(2)The above mentioned petition shall be presented within 1 year after the person concerned has reached the age of 18 to the Minister of Justice through the Pengadilan Negeri or Representation of the Republic of Indonesia at the residence of the person.

(3)The Minister of Justice fulfils or rejects the petition with the approval of the Cabinet Council.

(4)The citizenship of the Republic of Indonesia which has been acquired on such a petition is valid as of the date of the decree of the Minister of Justice.

Article 4.

(1)Aliens born and domiciled in the territory of the Republic of Indonesia whose father or mother, in case they have no legal family relationship with the father, is also born in the territory of the Republic in Indonesia and is a resident of the Republic of Indonesia, may present a petition to the Minister of Justice in order to acquire the citizenship of the Republic of Indonesia if they, after having acquired the citizenship of the Republic of Indonesia, have no other nationality or at the time that they present a petition they also make a statement as to having released another nationality which they may possibly possess, in accordance with the legal provisions prevailing in the country of their origin or according to the provisions of the Agreement on the settlement of the bi-nationality between the Republic of Indonesia and the country in question.

(2)The above mentioned petition shall be presented, within 1 year after the persons concerned have reached the age of 18, to the Minister of Justice through the Pengadilan Negeri at their residence.

(3)The Minister of Justice fulfils or rejects the petition with the approval of the Cabinet Council.

(4)The citizenship of the Republic of Indonesia acquired on such a petition is valid as of the date of the decree of the Minister of Justice.

Article 5.

(1)The citizenship of the Republic of Indonesia because of naturalization is acquired with the validity of the decree of the Minister of Justice who grants this naturalization.

(2)In order to present a petition for naturalization, the petitioner shall:

a.have reached the age of 21;

b.be born within the territory of the Republic of Indonesia or at the time of presenting the petition be domiciled in said region for at least the last 5 consecutive years or in total 10 inconsecutive years;

c.-if the person is a married man – obtain the approval of his wife (wives);

d.master the Indonesian language properly and have appropriate knowledge of the history of Indonesia and have never been penalize because of having committed an offence which harms the Republic of Indonesia;

e.be in a spiritual and physical healthy condition;

f.pay to the State's Treasury an amount between Rp.500,-to Rp.10.000,- of which the amount is fixed by the Tax office at the residence of the petitioner, based on the evident petitioner's monthly earnings, with the stipulation that it may not exceed the evident earnings for one month;

g.have a fixed income;

h.have no nationality, or have lost his nationality if the petitioner acquires the citizenship of the Republic of Indonesia or states at the time to have released another nationality according to the legal provisions of the country of origin or according to the legal provisions of the Agreement on the settlement of the bi-nationality between the Republic of Indonesia and the country concerned.

A woman may not apply for naturalization during matrimony.

(3)Petitions for naturalization shall be forwarded in writing and provide with a stamp to the Minister of Justice through the Pengadilan Negeri as the residence of the petitioner;

The petition shall be written in the Indonesian language and together with this petition shall be forwarded evidence on matters mentioned in para 2 except for what is stated under letter d.

The Pengadilan Negeri or Representation of the Republic of Indonesia investigates the evidence as to its correctness and examines the petitioners as to their capability of mastering the Indonesian language and their knowledge of the history of Indonesia.

(4)The Minister of Justice fulfils or rejects application for citizenship with the approval of the Cabinet Council.

(5)The decree of the Minister of Justice which grants naturalization is valid as of the date that the petitioner takes an oath or swear allegiance before the Pengadilan Negeri or Representation of the Republic of Indonesia at the residence of the petitioner and is valid retroactively the date of said decree of the Minister of Justice.

The oath or allegiance swearing is as follows:

"I swear (promise): "that I release entirely all loyalty "to foreign authority; "that I recognize and accept the highest authority "of and shall be loyal to "the Republic of Indonesia; "that I shall uphold the Constitution and other laws of "the Republic of Indonesia and "shall defend them faithfully; "that I bear this duty out of my own free will "and shall not diminish whatsoever".

(6)After the petitioner has taken an oath or sworn allegiance as mentioned above, the Minister of Justice publishes such naturalization by inserting his decree in the State's Paper.

(7)If the oath is not taken or allegiance not sworn within three months after the date of the decree of the Minister of Justice, said decree will automatically become null and void.

(8)The amount of money mentioned in para 2 is refunded, if the naturalization is not fulfilled.

(9)If the petition for naturalization is rejected, the petitioner may send in a repeat petition.

Article 6.

Naturalization may also be granted for the interest of the State or because of services rendered to the State, by the Government with the approval of Parliament. In this case from the provisions of article 5 only those in para 1, para 5, para 6 and para 7 are applicable.

Article 7.

(1)A foreign woman married to a citizen of the Republic of Indonesia, acquires the citizenship of the Republic of Indonesia, if and when she makes a statement as to that effect within 1 year after contracting said marriage, except in case when she acquires the citizenship of the Republic of Indonesia she possesses still another nationality, in which case the statement may not be made.

(2)With the exception as mentioned in para 1 the foreign woman who marries a citizen of the Republic of Indonesia also acquires the citizenship of the Republic of Indonesia one year after the marriage has been contracted, if within that one year her husband does not make a statement as to release his citizenship of the Republic of Indonesia.

Said statement may only be made and only results in the loss of the citizenship of the Republic of Indonesia if by such a loss the husband does not become stateless.

(3)If one of the statements mentioned in para 1 and 2 have been made, the alternative statement may not be made.

(4)The statements mentioned above shall be made to the Pengadilan Negeri or the Representation of the Republic of Indonesia at the residence of the person making such a statement.

Article 8.

(1)A woman, a citizen of the Republic of Indonesia, married to a foreigner looses her citizenship of the Republic of Indonesia, if and when she makes a statement as to that effect within one year after her marriage has been contracted except if, with the loss of the citizenship of the Republic of Indonesia, she becomes stateless.

(2)The statement mentioned in para 1 shall be made to the Pengadilan Negeri or the Representation of the Republic of Indonesia at the residence of the person making such statement.

Article 9.

(1)The citizenship of the Republic of Indonesia acquired by a husband is automatically valid for his wife, except if, after the citizenship of the Republic of Indonesia has been acquired, the wife possesses still another nationality.

(2)The loss of the citizenship of the Republic of Indonesia by a husband affects automatically his wife, except if the wife will become stateless.

Article 10.

(1)A woman is during matrimony not permitted to present a petition as meant in article 3 and article 4.

(2)The loss of the citizenship of the Republic of Indonesia by a wife affects automatically her husband, except if the husband will become stateless.

Article 11.

(1)A person who because or as a result of marriage looses the citizenship of the Republic of Indonesia, regains said citizenship if and when after the marriage has been dissolved the person makes a statement as to that effect. Such statement shall be made within 1 year after the marriage has been dissolved to the Pengadilan Negeri or Representation of the Republic of Indonesia at the residence of the person.

(2)The provision of para 1 does not apply in case the person, after having regained the citizenship of the Republic of Indonesia, still possesses another nationality.

Article 12.

(1)A woman who because of or as a result of her marriage acquires the citizenship of the Republic of Indonesia, looses said citizenship again, if and when after her marriage has been dissolved she makes a statement as to that effect. Said statement shall be made within 1 year after the marriage has been dissolved to the Pengadilan Negeri or the Representation of the Republic of Indonesia at her residence.

(2)The stipulation in para 1 is not applicable if said person becomes stateless with the loss of the citizenship of the Republic of Indonesia.

Article 13.

(1)Children who have not reached the age of 18 and are not married yet, who have a legal family relationship with their father before said father has acquired the citizenship of the Republic of Indonesia, also acquire the citizenship of the Republic of Indonesia, after they reside and are in Indonesia. The statement as to their residence and being in Indonesia is not valid for children who because their father acquires the citizenship of the Republic of Indonesia becomes stateless.

(2)The citizenship of the Republic of Indonesia acquired by a mother also applies to her children who have no legal family relationship with the father, who have not reached the age of 18 and are not married yet after they have resided and are in Indonesia. If said citizenship of the Republic of Indonesia is acquired with the naturalization by a mother who has become a widow because of the decease of her husband, the children who have a legal family relationship with said husband, who have not reached the age of 18 and are not married yet also acquire the citizenship of the Republic of Indonesia after they reside and are in Indonesia. Statements as to their residence and being in Indonesia are not valid for children who because their mother has acquired the citizenship of the Republic of Indonesia become stateless.

Article 14.

(1)If the children as mentioned in article 2 and article 13 reach the age of 21, they loose the citizenship of the Republic of Indonesia again, if and when they make a statement as to that effect. Said statement shall be made within 1 year after the children have reached the age of 21 to the Pengadilan Negeri of Representation of the Republic of Indonesia at their residence.

(2)The provision of para 1 is not applicable if said children become stateless with the loss of the citizenship of the Republic of Indonesia.

Article 15.

(1)The loss of the citizenship of the Republic of Indonesia by a father also affects his children who have a legal family relationship with said father, who have not reached the age of 18 and are not married yet, except if, with their loss of the citizenship of the Republic of Indonesia, these children become stateless.

(2)The loss of the citizenship of the Republic of Indonesia by a mother also affects her children who have no legal family relationship with their father, except if with the loss of the citizenship of the Republic of Indonesia these children become stateless.

(3)If this mother looses the citizenship of the Republic of Indonesia because of naturalization abroad and said mother has become a widow because of the decease of her husband, the provisions of para 2 also apply to her children who have a legal family relationship with her husband after these children reside and are abroad.

Article 16.

(1)A child who looses its citizenship of the Republic of Indonesia because its father or its mother looses said citizenship, regains the citizenship of the Republic of Indonesia after the child has reached the age of 18, if and when it makes a statement as to that effect.

Said statement shall be made within one year after the child has reached the age of 18 to the Pengadilan Negeri or Representation of the Republic of Indonesia at the residence of the child.

(2)The provisions of para 1 is not applicable in case said child, after having acquired the citizenship of the Republic of Indonesia still possesses another nationality.

Article 17.

The citizenship of the Republic of Indonesia is lost because of:

a.acquiring another nationality out of one's own free will, with the understanding that if the person concerned is, at the time that said other nationality is acquired, in the territory of the Republic of Indonesia, the citizenship of the Republic of Indonesia is only considered lost if the Minister of Justice declares it lost with the approval of the Cabinet Council on its own initiative or on the request of the person concerned;

b.not having rejected or having released another nationality whilst the person concerned has had the opportunity as to that effect;

c.being recognized by an alien as his/her child if the person concerned has not reached the age of 18 and is not married yet and does not become stateless with the loss of the citizenship of the Republic of Indonesia;

d.being legally adopted by an alien as his/her child if the child concerned has not reached the age of 5 yet and it does not become stateless at the loss of the citizenship of the Republic of Indonesia;

e.being declared as lost by the Minister of Justice with the approval of the Cabinet Council on the request of the person concerned if the person has reached the age of 21, is domiciled abroad and does not become stateless at the declaration of the citizenship of the Republic of Indonesia as being lost;

f.entering a foreign military service without prior permission from the Minister of Justice;

g.without prior permission form the Minister of Justice, entering a foreign state's service or the services of an organization of nations not entered by the Republic of Indonesia as member, if the position held in the state's service may, according to the regulations of the Republic of Indonesia, only be held by a citizen or the position in said nation organization service requires on oath or official promise;

h.taking the oath or making the promise of loyalty to a foreign country or a part thereof;

i.without being obliged, participating in a vote for one and another of constitutional nature for a foreign country;

j.having a passport or certificate which has the character of a passport from a foreign country in one's name which is still valid;

k.other than for state's service, domiciling abroad during 5 consecutive years by not declaring one's wish as to continue being a citizen before the period has lapsed and thereafter every two years; such a wish shall be declared to the Representation of the Republic of Indonesia at one's residence.

For citizens of the Republic of Indonesia who have not reached the age of 18 yet, except if they are married, the five and two years' period mentioned above is applicable as of the date that he reaches the age of 18.

Article 18.

A person who looses the citizenship of the Republic of Indonesia as mentioned in article 17 letter k. regains the citizenship of the Republic of Indonesia if the person is domiciled in Indonesia based on an Entry Permit and makes a statement as to that effect. Such a statement shall be made to the Pengadilan Negeri at the residence of the person within 1 year after the person is domiciled in Indonesia.

Article 19.

The citizenship of the Republic of Indonesia granted or acquired on incorrect information may be withdrawn by the office which has granted it or the office which has received the information.

Article 20.

Whoever is no citizen of the Republic of Indonesia is an alien.

Transitional regulations

Article I.

A woman who, based on article 3 of the Regulation of the Military Administrator No. Prt/P.M./09/1957 and article 3 of the Regulation of the Central War Administrator No.Prt/Peperpu/014/1958 has been treated as a citizen of the Republic of Indonesia, becomes a citizen of the Republic of Indonesia if she has no other nationality.

Article II.

A person who at the moment of enforcement of this law is in the position as stated in article 7 or 8 may make the statement as mentioned in said article within 1 year after enforcement of this law, with the understanding that the husband of a woman who becomes a citizen of the Republic of Indonesia as mentioned in article I of the transitional regulation may no longer make the statement mentioned in article 7 para 2.

Article III.

A woman, who according to the legislation in force before this law is enforced would automatically be a citizen of the Republic of Indonesia were she not married, acquires the citizenship of the Republic of Indonesia if and when she makes a statement as to that effect within 1 year after her marriage has been dissolved or within 1 year after enforcement of this law to the Pengadilan Negeri or to the Representation of the Republic of Indonesia at her residence.

Article IV.

A person, who does not acquire the citizenship of the Republic of Indonesia along with the father or mother by making a statement according to the prevailing legislation before this law is enforced, because the person is of age at the time that the father or mother makes said statement, whilst the person himself/herself may not make the statement as to opt the citizenship of the Republic of Indonesia, is a citizen of the Republic of Indonesia, if the person, with this provision or heretofore, has no other nationality. The citizenship of the Republic of Indonesia acquired by said person is valid retroactively the date that the father/mother acquires said citizenship.

Article V.

In deviation from the provisions of article 4 para 1 and 2, children whose citizenship of the Republic of Indonesia has been rejected by their parents between December 27, 1949 till December 27,1951, may within one year after enforcement of this Law, present a petition to the Minister of Justice through the Pengadilan Negeri at their residence in order to acquire the citizenship of the Republic of Indonesia if they are under the age of 28, article 4 para 3 and 4 are further applicable.

Article VI.

An alien who before enforcement of this Law, has ever entered the armed forces of the Republic of Indonesia and meets with the conditions which will be stipulated by the Minister of Defence, acquires the citizenship of the Republic of Indonesia if the person makes a statement as to that effect to the Minister of Defence or official designated by the latter. The citizenship of the Republic of Indonesia acquired by the person mentioned above is valid retroactively the date that said person entered the armed forces.

Article VII.

A person, who before enforcement of this Law has been in a foreign military service as mentioned in article 17 letter f. or in service of a nations organization as mentioned in article 17 letter g. may apply for a permit to the Minister of Justice within 1 year after this law comes into force.

Concluding regulations.

Article I.

A citizen of the Republic of Indonesia who is within the territory of the Republic of Indonesia is considered to possess no other nationality.

Article II.

By the understanding citizenship is included all kinds of protection by a state.

Article III.

In executing of this Law. Children who have not reached the age of 18 and are not married yet are considered to be domiciled with their father or their mother according to the specification in article 1 letter, b, c or d.

Article IV.

Whoever must prove that he/she is a citizen of the Republic of Indonesia and has no documents which indicate that he/she possesses or acquires or possesses or acquires along with the father/mother said citizenship, may request the Pengadilan Negeri at his/her residence to confirm whether or not he/she is a citizen of the Republic of Indonesia according to the usual tribunal procedure. This provision does not diminish the special provisions of or based on other laws.

Article V.

From statements made which cause the acquisition or loss of the citizenship of the Republic of Indonesia a copy is forwarded to the Minister of Justice by the official in question.

Article VI.

The Minister of Justice publishes in the State's Paper names of persons who have acquired or lost the citizenship of the Republic of Indonesia.

Article VII.

One and another needed for the execution of the provision of this Law is regulated by Government regulations.

Article VIII.

This Law comes into force on the date of promulgation with the stipulation that the regulations in article 1 letter b to letter j, article 2, article 17 letter a, c and h are valid retroactively December 27, 1949. In order that everybody may know, the order is given to promulgate this law by insertion in the Government Gazette.