INTRODUCTION

Case Study

Because of fear to be separated with her children, a woman who was married foreigner was abused by her husband.

Almost Indonesian women who were married foreigner forced their self to get sexual abuse from their husband. They were in force to admitted those abuses because, they were afraid to be separated with their children which are born in those intra-citizenship marriage. Almost of them were afraid of the divorce. It was not merely divorcing, more over they were afraid to be separated with their children; consider if after divorcing the father who was not an Indonesian will take their children back onto their nation away. This problem what stressed women who were married with foreigner. Such that case was burdened Mrs. Imaniar, an Indonesian singer who just divorced with Singaporean man who was brought Mrs. Imaniar children back to Singapore.

According to Mrs. Imaniar’s confession, during her marriage with Singaporean man; they were faced a mass problems on the citizenships. “During our marriage, my ex-husband never cares about our family. My ex-husband always reasoning couldn’t work in Indonesia because of his citizenship and the most painful thing that he never realizes to be Indonesian people, therefore he need not to work”. Imaniar said. Imaniar also confessed that she was afraid to be separated with her children if her husband was deported.

Source: Jurnalperempuan.com

PROBLEM

Based on the case mentioned above, it can be conclude that the problem is “What is the children citizenship after their parent was divorced, and what about if there is no divorce among them? Should Imaniar lost her Indonesian citizenship?

CONTENT

Imaniar’s case is only the one from many cases around citizenships that suffering Indonesian women. There are many cases that take women in the guilty and crime because; they don’t realize that her children had foreign citizenship. For instance, somewhere that usually found the “kawin kontrak” (lease marring); the husband that stay in Indonesia during his lease marring and get his child born during his lease marring with Indonesian woman, and noticed his child as his son legally as foreigner. And after his lease marring is over, he leaves his son and his wife away, and return back to his nation.

Almost wife confusing, while the authorized officer asking about the legal certificates of her children which are in charge of her ex-husband as long as her marriage leasing. Finally, they were punished on hiding foreign citizen who is none other than his biological child. worse, there is the possibility that children were deported to their home country, not necessarily his father would recognize or accept the child. Another case is the famous case of threat of deportation by Samantha Deborah immigration office Bandung. Samantha is the daughter of Erna Wouthuysen with Arnold Johan from Dutch. Erna Wouthuysen custody of her child when the divorce is finally brought to Bandung. because of negligent care Erna residence permit agreement for Samatha, which of course is still the same nationality with his father, then-in-law could take away the time Samantha was still in the process of deportation and stay in the immigration office. See the case, the husband and then use this neglect as the inability to care for their children, Erna, and requesting that the Dutch court that Erna revoke custody of Samantha. fortunately, the court still ruled that Erna remains a trustee for Samantha.

other cases are suspected cases of domestic abuse against Manohara Odelia Pinot. Manohara has two citizenship whics are Indonesia (based on the ius sanguinis) and the United States (based on the ius soli). it is becoming increasingly complex because of his marriage to the son of the king kelantan, Malaysia. should, after getting married opsinya Manohara use rights.

The cases like the above is very much emerging before the Act no.12 of 2006 and Regulation No. 2 Year 2007 because the previous law there is no benefit for women and children from the marriage between the two countries. However, such cases may arise due to lack of public knowledge regarding the procedures to obtain Indonesian citizenship.

DEFINITION OF CITIZENSHIP

by the laws of republic of Indonesia number 12 year 2006 about the citizenship of the Republic of Indonesia, Article 1, paragraph 1, that citizens are citizens of a country defined by legislation. Next, in chapter 2 explained that the Indonesian citizenship are those indigenous Indonesian peoples and those other nations that ratified the law as citizens. Clearly, the things on citizenship in the 1945 Constitution stipulated in Article 26 of the definition of citizens, Article 27 of the position of citizens, and Article 28 of the rights of citizens. Have a clear status for one’s citizens are extremely important that the rights of citizens can be protected by the state and life becomes secure.

THE PRINCIPLES OF CITIZENSHIP

To determine one’s nationality there are 3 principles must be understood:

a. ius soli (the principle of birth)

This principle determines a person according to nationality or the place where he was born. This principle held by the British, Egyptian, American, etc.

b. ius sanguinis (the principle of descent)

According to this principle, which is determines, one’s nationality and descent according to the direction of the parent. This principle held by China.

Naturalization (kewarganegaraan)

People can become citizens of a State after taking steps certain legal. Usually, done as an adult. The discrepancies in determining the citizenship of a country can have two possibilities for a person that is:

Apatride (without nationality).

Bipatride (no dual citizenship).

Determine the citizenship status of a State, the government commonly uses stelsel stelsel active and passive. According active stelsel people should take measures specific legal citizenship to be recognized, whereas passive stelsel people who are in a country by itself considered to be citizens of the State without a specific legal action.

Based on the two stelsel above, a citizen of a country basically has the right options and repudiasi rights.

The right option is: the right to choose a nationality (in the active stelsel).

Repuidasi rights are: the right to reject a nationality (in stelsel passive).

In the history of Indonesia trip, arranged in citizenship issues:

Law No. 3 of 1946 (not applicable).

KMB December 27, 1949 (not applicable).

Act No. 62 of 1958 (not applicable).

Law No. 3 of 1976 (not applicable).

Act No. 12 of 2006.

Regulation No. 2 of 2007.

According to law No. 12 of 2006 the principle used in determining the nationality Indonesia are:

The principle of ius soli.

The principle of ius sanguinis.

The principle of single citizenship.

The principle of dual citizenship is limited (only applies to children up to age 18 years).

Excellence Act no earlier than 12:

Not sacrifice the national interest (example, limited dual citizenship until the age of 18 years).

Asas existence of maximum protection (preventing cases of lack of citizenship).

Recognizing the principle of equality before the law.

Non-discrimination (example, revocation of Proof of Citizenship of the Republic of Indonesia / SBKRI).

How to obtain Indonesian citizenship

How foreigners can become citizens in Indonesia? Course through the process of naturalization. There are two ways:

Naturalization usual: submit an application to the Minister of Justice and Human Rights through the local court office where he lives or at the Embassy of the Republic of Indonesia if permohonana abroad is written in Indonesian. If passed then he should take the oath and before the courts.

Naturalization Special: given to foreigners coming to the State merit.

Somebody could missed his citizenship because of:

  1. Get married with a foreign man
  2. Become a foreign soldier
  3. Nominated as child of foreigner
  4. Possessing a foreign passport

B. CASE SETTLEMENT ACCORDING TO THE LAWS NO. 12 YEAR 2006

Republic of Indonesia is a country that practice the principle of ius sanguinis, (Article 4 character (b) to the character (h)) and ius soli which restricted (Article 4 character (i) to the character (m)) that not every people born in Indonesia become Indonesian citizen. For example, if both of his parents is a foreign citizen. But, a child born from a mixed marriage is an Indonesian citizen.

In case of Ilmaniar, a citizenship status of his child was an Indonesian citizen according to:

  1. Article 4 character (d)

“A child born by a legal marriage from a foreign citizen’s father and an Indonesian citizen’s mother”

  1. Article 21

“a child who has no attain yet the age of 18 (eighteen) or doesn’t getting married yet, has been and reside in Republic of Indonesia zone. From father or mother who acquire Republic of Indonesian citizenship is an Indonesian citizen automatically”

Singapore as a state that practice ius sanguinis principle creates a double-citizenship on every child born in it (bipatride). Indonesia practices a double-citizenship principle restrictively until 18 years old. After 18 years old or after marriage, ere the child is under obligation to choose one of his double-citizenship (option right). This matter was adjusted in Article 4 character (1) UU No. 12/2006.

Thereby, after legal divorcing, the child is in proper order to reside in Indonesia without there must be a deportation because he form a part of Indonesian citizen as well.

A household violence case (KDRT) in a mixed marriage also had been suffered by Manohara Odelia Pinot. Manohara has a double-citizenship that is as Indonesian citizenship (by ius sanguinis) and as American citizenship (by ius soli), this matter become more complicated case because of his marriage with the King’s prince of Kelantan, Malaysia. Actually, Manohara ought to use her option right. It is said that citizenship became a factor why the case gone slowly.

Government properly should socialize every law legislated by facilitating more access to laws so that the case such as that doesn’t has a space to potentially repeated.

CLOSING

CONCLUSION

A child born from Ilmaniar marriage with Singapore citizen has a double-citizenship. That is Singapore citizenship and Indonesian citizenship. Yet, in age 18 years, the child should choose one of his double-citizenship.

A. SUGGESTION

Government properly ought to socialize Laws No. 12 year 2006 so that there will be no Indonesian citizen who has to suffer household violence because of mixed marriage with a reason of citizenship.

Bibliography

http://www.hukumonline.com/

http://www.jurnalperempuan.com/

Indonesia, Undang-Undang Dasar Negara Republik Indonesia Tahun 1945.

Indonesia, Undang-Undang Tentang Keimigrasian, UU No. 9 tahun 1992.

Indonesia, Undang-Undang Tentang Kewarganegaraan Republik IndonesiaNomor 12 Tahun 2006.