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Ada Pertanyaan? Hubungi Kami Marcell Sihombing, Hasyry Agustin
Mr. Archandra Tahar, Former Minister for Energy and Mineral Resources. Photo by: Setkab.go.id
The recent uproar concerning Archandra Tahar’s dual-citizenship status has finally concluded with President Joko Widodo deciding to discharge Mr. Tahar from his post as the new Minister for Energy and Mineral Resources (ESDM Minister) on Monday, 15 August 2016.
Commenting on this matter, Fitra Arsil, a constitutional law expert from the University of Indonesia, stated that the Indonesian legal system did not acknowledge the concept of dual citizenship. Thus, any adult Indonesian citizen who has gained citizenship status from another country automatically waives his/her Indonesian citizenship.
“When an Indonesian citizen acquires citizenship status from another country, based on his/her own volition, for example by voluntarily swearing their loyalty to a foreign country, then the person in question automatically forfeits their Indonesian citizenship. This kind of situation does not require official citizenship revocation via a presidential decree. Instead, it [Indonesian citizenship status] is automatically forfeited,” Mr. Arsil asserted to hukumonline on Monday, 15 August 2016.
This law contrasts with the American legal system, which acknowledges dual citizenship for its citizens, provided that any such individual complies with their responsibilities to both countries, such as the obligation to pay taxes.
“If, for example, Mr. Tahar gained US citizenship status in 2012, then Mr. Tahar was allowed to extend his Indonesian passport’s validity prior to or after the official oath-taking ceremony. Thus, technically speaking, he can secure passports from two different countries, even though he should have forfeited his Indonesian citizenship,” asserted Mr. Arsil.
Mr. Arsil further revealed that the matter of the forfeiture or securing of Indonesian citizenship had already been addressed by Government Regulation No. 2 of 2007on Procedures for the Obtaining, Forfeiture, Cancelation and Regaining of Indonesian Citizenship Status (2007 Regulation).
According to hukumonline’s research, the 2007 Regulation stipulates that an individual requires a maximum period of 244 days (less than nine months) in order to apply for and secure Indonesian citizenship. This 244 day timeframe covers the following stages: 1) The filing of an application and subsequent verification process by authorized government officials; 2) The submission of completed applications to the Minister of Law and Human Rights (Minister) or the return of incomplete applications to the applicant; 3) Substantive assessment by the Minister, including input from relevant institutions; 4) Submission of assessed applications, alongside a recommendation made to the president; 5) Approval or rejection of any application by the president; 6) Approved applications will be followed by the issuance of a Presidential Decree and official notification being sent to the applicants; 7) Authorized government officials will summon the applicants to an official oath-taking ceremony, which must be incorporated into an official report; 8) Applicants must return all immigration-related documents currently under their names to the nearest immigration office to their domicile.
Moreover, Article 43 (1) of the 2007 Regulation also stipulates that former Indonesian citizens who have already forfeited their citizenship for certain reasons, such as the voluntarily gaining of foreign citizenship, are allowed to regain their Indonesian citizenship by filing an application with the president via the Minister.
Government Administration Systems
From a slightly different perspective, lawmaker Muhammad Nasir Djamil (Commission III) believes that the uproar caused by Archandra Tahar’s dual citizenship status is proof that the country’s administration system is being poorly managed.
“This is truly a government slipup, that one of its highest profile citizens can have dual citizenship, a concept which is not acknowledged under our legal system. And this is without mentioning the fact that the Indonesian Embassy in the USA should be aware of and also register any Indonesian citizen who has already secured US-citizenship status,” Mr. Djamil asserted.
Mr. Djamil further pointed to the US government’s various legal provisions, which allow US citizens to forfeit their citizenship status should they join or work for another country’s government. More importantly, Mr. Djamil expressed his regret at the government’s lack of personnel selectiveness and at a perceived lack of thoroughness within the president’s inner circle. In Mr. Djamil’s opinion, this whole case makes it seem as if the government is willing to facilitate legal violations and to discriminatively grant impunity to certain individuals.
Mr. Djamil has thus revealed that his institution [the House of Representatives] is planning to summon the Minister of Law and Human Rights in order to discuss the issue of Mr. Tahar’s dual citizenship in detail. The concern that Mr. Djamil has is that, in addition to Mr. Tahar, there may also be others who have dual citizenship.
“Commission III will ask for confirmation from the Ministry of Law and Human Rights as regards its immigration oversight functions and the citizenship status of Indonesian citizens in foreign countries,” Mr. Djamil concluded.
(hs/sp)
Marcell Sihombing, Hasyry Agustin
Mr. Archandra Tahar, Former Minister for Energy and Mineral Resources. Photo by: Setkab.go.id
The recent uproar concerning Archandra Tahar’s dual-citizenship status has finally concluded with President Joko Widodo deciding to discharge Mr. Tahar from his post as the new Minister for Energy and Mineral Resources (ESDM Minister) on Monday, 15 August 2016.
Commenting on this matter, Fitra Arsil, a constitutional law expert from the University of Indonesia, stated that the Indonesian legal system did not acknowledge the concept of dual citizenship. Thus, any adult Indonesian citizen who has gained citizenship status from another country automatically waives his/her Indonesian citizenship.
“When an Indonesian citizen acquires citizenship status from another country, based on his/her own volition, for example by voluntarily swearing their loyalty to a foreign country, then the person in question automatically forfeits their Indonesian citizenship. This kind of situation does not require official citizenship revocation via a presidential decree. Instead, it [Indonesian citizenship status] is automatically forfeited,” Mr. Arsil asserted to hukumonline on Monday, 15 August 2016.
This law contrasts with the American legal system, which acknowledges dual citizenship for its citizens, provided that any such individual complies with their responsibilities to both countries, such as the obligation to pay taxes.
“If, for example, Mr. Tahar gained US citizenship status in 2012, then Mr. Tahar was allowed to extend his Indonesian passport’s validity prior to or after the official oath-taking ceremony. Thus, technically speaking, he can secure passports from two different countries, even though he should have forfeited his Indonesian citizenship,” asserted Mr. Arsil.
Mr. Arsil further revealed that the matter of the forfeiture or securing of Indonesian citizenship had already been addressed by Government Regulation No. 2 of 2007on Procedures for the Obtaining, Forfeiture, Cancelation and Regaining of Indonesian Citizenship Status (2007 Regulation).
According to hukumonline’s research, the 2007 Regulation stipulates that an individual requires a maximum period of 244 days (less than nine months) in order to apply for and secure Indonesian citizenship. This 244 day timeframe covers the following stages: 1) The filing of an application and subsequent verification process by authorized government officials; 2) The submission of completed applications to the Minister of Law and Human Rights (Minister) or the return of incomplete applications to the applicant; 3) Substantive assessment by the Minister, including input from relevant institutions; 4) Submission of assessed applications, alongside a recommendation made to the president; 5) Approval or rejection of any application by the president; 6) Approved applications will be followed by the issuance of a Presidential Decree and official notification being sent to the applicants; 7) Authorized government officials will summon the applicants to an official oath-taking ceremony, which must be incorporated into an official report; 8) Applicants must return all immigration-related documents currently under their names to the nearest immigration office to their domicile.
Moreover, Article 43 (1) of the 2007 Regulation also stipulates that former Indonesian citizens who have already forfeited their citizenship for certain reasons, such as the voluntarily gaining of foreign citizenship, are allowed to regain their Indonesian citizenship by filing an application with the president via the Minister.
Government Administration Systems
From a slightly different perspective, lawmaker Muhammad Nasir Djamil (Commission III) believes that the uproar caused by Archandra Tahar’s dual citizenship status is proof that the country’s administration system is being poorly managed.
“This is truly a government slipup, that one of its highest profile citizens can have dual citizenship, a concept which is not acknowledged under our legal system. And this is without mentioning the fact that the Indonesian Embassy in the USA should be aware of and also register any Indonesian citizen who has already secured US-citizenship status,” Mr. Djamil asserted.
Mr. Djamil further pointed to the US government’s various legal provisions, which allow US citizens to forfeit their citizenship status should they join or work for another country’s government. More importantly, Mr. Djamil expressed his regret at the government’s lack of personnel selectiveness and at a perceived lack of thoroughness within the president’s inner circle. In Mr. Djamil’s opinion, this whole case makes it seem as if the government is willing to facilitate legal violations and to discriminatively grant impunity to certain individuals.
Mr. Djamil has thus revealed that his institution [the House of Representatives] is planning to summon the Minister of Law and Human Rights in order to discuss the issue of Mr. Tahar’s dual citizenship in detail. The concern that Mr. Djamil has is that, in addition to Mr. Tahar, there may also be others who have dual citizenship.
“Commission III will ask for confirmation from the Ministry of Law and Human Rights as regards its immigration oversight functions and the citizenship status of Indonesian citizens in foreign countries,” Mr. Djamil concluded.
(hs/sp)