Naturalization (Citizenship Application)

Naturalization is Citizenship Application. Just as has been experienced by a Garuda team striker from Uruguay Christian Gonzalez recently. Long wait Cristian Gonzalez became the Indonesian Citizen (Citizen) finally ended already. After waiting four years, Gonzalez officially became a naturalized citizen of the player pathway PSSI submitted to the Government of Indonesia.

Here are the ins and outs of the law on naturalization that we collect from some other site.

Lug In Law

In the original manuscript of the Constitution 1945, nationality problem arranged in Article 26 Signs (1) which states that

"The citizens are those indigenous Indonesian people and people of other races confirmed by law."

The next paragraph (2) states

"The conditions of citizenship established by Law."

Such provisions provide for the assertion that the native Indonesian people is automatically a citizen, whereas for the other nations to become Indonesian citizens should be confirmed in advance with the law.

In the history of his journey, Article 26 Constitution 1945 sosilogis raises two questions in the field of nationality law that is (a) understanding of "the indigenous people of Indonesia", the law in plain difficult to trace or prove, because of the so-called "indigenous peoples" is often only associated with human physiological aspects such as skin color and facial shape; and (b) The concept indicates 2 (two) citizen groups, citizen group that is indigenous and non indigenous people who in the end will result in discrimination perlakuaan on citizen (Samuel Nitisapoetra, 2002: 40).

The second issue is the level of performance over extended through legislation to lower tingkatannya has created a discriminatory citizenship law enforcement. For the first (native) automatically have become an Indonesian citizen without going through any legal means. Whereas for the second (nonpribumi) to be called a citizen of Indonesia should make efforts in that particular law which takes, costs, and a relatively large force as a result of a convoluted bureaucracy.

Therefore the, Article 26 Constitution 1945 should be amended. According to Samuel Nitisapotera amendment is one step to straighten meaning in mind as stated in Article 26 Constitution 1945 about the word "indigenous Indonesian people." rectification current is important because the interpretation of this passage has shifted towards racial discrimination by placing the so-called "people of other nations" as a foreign nation that deserves its place in the second grade. Amendment is more directed to complete the language used in the writing of thinking about citizenship. If the Constitution 1945 use the word "indigenous Indonesian",the proposed amendment to be used in a sentence with a legal perspective, yaitu original born citizen, authenticity based on place of birth (Samuel Nitisapoetra, 2000: 41).

Because Naturalization Citizenship

The provisions of Law No.. 62 Year 1958 on the principle of ius sanguinis principle use. But the principle of ius soli things also used, ie if: (a) people born in the territory of the Republic of Indonesia but both parents are unknown (Article 1 huruf f); (b) People who are found in the territory of the Republic of Indonesia for both parents unknown (Article 1 huruf g); (c) persons born in the territory of the Republic of Indonesia if both parents do not have a kewarnegaraan kewargenagraan or both parents is unknown (Article 1 huruf h); and (d) persons born in the territory of the Republic of Indonesia at the time of birth is not the father or mother get citizenship, and as long as it does not get citizenship of the father or the mother's (Article 1 huruf i).

Subject to the provisions of the, once it appears that the Law No.. 62 Year 1958 also utilize basic IUS Soli. Such principle is also used in order to avoid the occurrence of apatride for people who happened to be in the territory of the Republic of Indonesia which citizenship status is unclear, especially when viewed from the citizenship status of their parents.

In Law No.. 62 Year 1958 also determined that one of the ways to acquire citizenship of the Republic of Indonesia is by way of naturalization (naturalization). Pewargenagaraan citizenship because of the results obtained with the Minister of Justice to provide the naturalization. Naturalization granted (or not given) on application. Agencies that provide naturalization is the Minister of Justice.

To apply pewarga-nationality, Applicants must have the following conditions:

  1. Old 21 year;
  2. Born in the territory of the Republic of Indonesia, or at the time of applying for residence within that area for at least 5 consecutive years, most recently or at all for 10 non-consecutive years;
  3. If he is a man who marries, concurrence rightly wife (wives);
  4. Enough to speak Indonesian and have just knowledge about the history of Indonesia and has not been adjudicated guilty of a crime because of adverse Republic of Indonesia;
  5. Healthy physically and spiritually;
  6. Pay the State Treasury a sum of between Rp 500,- to USD 10.000,- which is determined by the amount of the Tax Bureau of residence based on his monthly income is real with real income terms not exceeding one month;
  7. Not have citizenship or lose citizenship when they acquire citizenship of the Republic of Indonesia or to include a statement by removing the citizenship of other legal provisions of the country of origin or in accordance with the legal provisions solution dual citizenship agreement between the Republic of Indonesia and the country concerned.

The naturalization process sometimes takes a long time because there is no regulation governing the procedure period naturalization application solutions at each agency associated with the earlier. To overcome these problems, Letter of the Minister of State Secretary issued date 16 September 1961 No.F / III / 2008 / B.24 / 65 on the application solution foreigners to become citizens of Indonesia smoothly and not take a long time. Wisdom is later amended by Presidential Decree No.. 13 Year 1980 about About Naturalization Application Procedures Settlement Indonesia. For implementing the presidential decree, then Justice Minister issued Instruction No.. M.03-A.09-03-80 about the implementation of Presidential Decree No.. 13 Year 1980 about About Naturalization Application Procedures Settlement Indonesia. It contains instructions that the district court all, all the Head of the Directorate General of Immigration, and all the Head Office of the Directorate General of Immigration in Indonesia to implement the Presidential Decree No.. 13 Year 1980 according to their respective fields as well as possible and full responsibility. For smooth, speed, and security implementation presidential decision, formed a joint team of the center that is assigned to a certain area. Membership of a joint team comprising among others the offices of the Ministry of Justice, Department of the Interior, Attorney, Police, LOOK, and others.

In addition to simplifying the requirements and application procedures, The letter also set about the role of the district court. Determined that since 4 month filed the application and has obtained authorization verification, then Chief Secretary of the State to test the applicant's skills and knowledge of the Indonesian language Indonesian history. After everything is done in accordance with procedures, the application file is sent to the Department of Justice no later than 30 days after receiving the application and re-examine all applicants file. If there is a shortage, it can be fitted.

Examination of the above file to meet the requirements specified political and juridical. After that, Department of Justice reviewed the application file and continue to fulfill the president to obtain results. CC covering letter along with sheaves presented to the Head BAKIN. Further, Head BAKIN review and evaluate the application and gives consideration to the president. Solution level in time 14 days of receipt of the application file. President gave the decision to consider the materials from BAKIN. If the application is rejected, Department of Justice to notify the rejection to the applicant to provide a copy to the fist BAKIN, Chief Secretary of the State, and Regent / Regional Head concerned.

Quotes Presidential Decree no later than 7 days after the release of the Presidential Decree on the granting of consent for the pewargane-Secretariat of State must be submitted to the local district court. Copy served on the Presidential Decree of the Minister of Justice, Further, together with copies of the cover letter communicating the decision to the applicant. With the naturalization application dikabulkannya, the district court did taking the oath or pledge of the applicant against the Republic of Indonesia and followed by the creation of news events. News of the event the original part is given to the applicant, while the duplicate copy is made 3 to be submitted to the Department of Justice, Secretariat of State, and the Secretary of State is concerned.

From the looks of how the government's efforts to speed up the naturalization process by placing time limits for each stage of completion that has never happened before. In addition to speeding up the process, see that the center of gravity shifted to consideration BAKIN, which shows that not just pewargane-consent for legal dimension, but also about security issues (B.P. Paul, 1983: 215-216). Menurut Gouw Giok Siong, The process does not change the fundamentals because that determines the executive remains (Gouw Giok Siong, 1983: 97).
(Source : http://you m.uns.ac.id, Accessed on 19 December 2010)

While based on information that we collect from the Ministry of Justice and Human Rights website Jakarta, http://www.kumham-jakarta.info about the administrative requirements of naturalization or citizenship application is as follows.

Citizenship Application (Naturalization)

  1. Old 18 (eighteen) years or married;
  2. At the time of applying for already residing within the territory of the Republic of Indonesia for a minimum 5 (lime) consecutive years or shortest 10 (ten) non-consecutive years;
  3. Physically and mentally healthy;
  4. Can speak Indonesian and recognize the principle of Pancasila and the Constitution of the Republic of Indonesia Year 1945;
  5. Has never been sentenced for a crime punishable by imprisonment 1 (one) years or more;
  6. Where to get Kewarga nationalization Indonesia, not be double berkewarganegaraan;
  7. Having a job and / or fixed income; and
  8. Pay money to the State Treasury naturalization.
  9. Make a written application in Indonesian on paper duly stamped to the Head Office of the Ministry of Law and Human Rights Republic of Indonesia or overseas Representative with at least contain :
    * Full name;
    * Place and date of birth;
    * Residential address;
    * Citizenship applicants;
    * Full name of husband or wife;
    * Place and date of birth husband or wife, and;
    * Citizenship of the husband or wife.
  10. Application is enclosed by :
  • Photocopy of birth certificate collection Applicants certified by the competent authority;
  • Photocopy of National ID or certificate of residence applicants certified by the competent authority;
  • Copy of birth certificate and the excerpts of Identity Cards Indonesian citizen husband or wife Applicant approved by the competent authority;
  • Copy of marriage certificate collection / book Applicants marriage and the husband or wife who is confirmed by the competent authority;
  • Certificate of residence immigration office stating that the applicant has Pemo hon reside in Indonesia for a minimum 5 (lime) consecutive years or shortest 10 (ten) non-consecutive years;
  • Police record certificate from the police in homeless applicants;
  • Certificate from a nationally representative applicants explain that right after the applicant acquired citizenship of the Republic of Indonesia, he lost his citizenship countries concerned;
  • A written statement that the applicant will be any the Unitary Republic of Indonesia, Pancasila, Basic Law of the Republic of Indonesia Year 1945, and will defend him in earnest and will run as a state obligation imposed Indonesian citizen with a genuine and sincere, and
  • Pas-size color photograph latest applicant 4 x 6 as 6 (more) sheet.
  • Full name;
  • Place and date of birth;
  • Residential address;
  • Citizenship applicants;
  • Full name of husband or wife;
  • Place and date of birth husband or wife, and;
  • Citizenship of the husband or wife.
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