By Hera Diani The
citizenship bill awaiting deliberation in the House (2005) has been
heavily criticized for discriminating against mixed couples and their
children, prompting activists to call on the government to grant mixed
couples and their offspring dual citizenship or permanent residency
here. Activists
say granting these couples dual citizenship or permanent residency
would eliminate many of the problems and discriminatory regulations
they face because of the uncertain status of their children. The
House of Representatives agreed in June to deliberate the citizenship
bill, promising to include more flexible regulations for mixed couples. The
citizenship bill will revise Law No. 62/1958, which critics say denies
mixed couples and their children the opportunity to live as a "complete
family". The
law, for example, stipulates that children of mixed couples
automatically assume their father's citizenship, and a divorced wife
cannot take custody of her children because they have different
citizenship. Also,
expatriate women married to Indonesian men must be sponsored by their
husbands to live and work her. In many cases, an Indonesian husband can
withdraw his sponsorship of his wife and force her to return to her
country, leaving behind any children the couple have. Critics say, however, that the citizenship bill does not improve on the old law. Article
2 of the bill, for example, states that an Indonesian woman in a mixed
marriage can claim Indonesian citizenship for her child only through a
prenuptial agreement. "What
about children who have already been born and their parents do not have
a prenuptial agreement?" Dewi Tjakrawinata, an executive of an alliance
that groups some 4,000 mixed parents in Indonesia, said during a
discussion at the office of the National Commission on Violence Against
Women. She
pointed to Article 8 of the bill, which requires an expatriate living
for 15 consecutive years in Indonesia, or 20 nonconsecutive years, to
have a permanent job and a steady paycheck to apply for Indonesian
citizenship. The existing law, meanwhile, only requires an expatriate
to live in the country for five years before applying for citizenship. Another article in the bill states that dual citizenship is only granted for children born in countries that adopt the ius soli principle, which grants nationality to people based on where they are born. Ramli
Hutabarat, an expert staff at the Ministry of Justice and Human Rights,
however, said dual citizenship could generate more problems,
particularly if the holder committed a crime. "True,
we can have a regulation on extradition. But in reality, it is not that
easy. We have to consider the political, security, economic and legal
aspects of applying dual citizenship. "It is about one's identity. One can have a 'split personality' because of dual citizenship," he said at the forum. Dewi
dismissed these arguments. "Do not relate this to crime, but for the
sake of human rights ... the right for families to stay together.
Children born in this country are assets. They cannot chose their
identity. "If
the government does not want to offer dual citizenship, then give us a
solution so that mixed couples and their children can live in peace."
