MIDDLE CHILDREN
By: Passchasius HOSTI Prasetyadji
As a country that is the center of trade traffic between countries, making Indonesia a multi-ethnic and cultural country. The occurrence of mixed marriages between citizens, giving birth to children who are called mulattoes. According to the Big Indonesian Dictionary, mulatto is the result of mixed marriages of two different types; the result of cross-marriage (read: between citizens).
To confirm who is an Indonesian Citizen (WNI), then based on the Citizenship Law which was first made namely Number 3/1946, those who have lived for generations for 5 (five) years before 17 August 1945 and did not refuse to become Indonesian citizens.
Paschasius HOSTI Prasetyadji
Over time, in 1958 the Government issued Citizenship Law Number 62/1958, which was considered to have shackled the rights of citizenship for Indonesian women who married foreign men and their children. Because according to that law, their citizenship status follows that of their husband or father. And the naturalization process to become an Indonesian citizen at this time, costs a lot and takes a very long time, it can take years.
5,000 Half-Bloods
With the issuance of the Citizenship Law Number 12/2006 and Government Regulation Number 2/2007 in this millennial era, the problem of citizenship by the Government is considered to have been resolved. Because for mulatto children from mixed marriages of Indonesian citizens and foreigners who were born before Law No. 12/2006, they are given the option (period to determine their citizenship status) of 4 (four) years, namely 1 August 2006 to 1 August 2010, namely wishing to remain Indonesian citizens. or become a foreigner following the citizenship of one of his parents.
As stated by the Director of State Administration, Kemenkumham, Baroto, that children from mixed marriages who were born before the enactment of Law Number 12 of 2006 must submit an application to obtain Indonesian citizenship status. Meanwhile, children from mixed marriages who were born after the issuance of Law Number 12 of 2006 will be given Indonesian citizenship automatically. However, when they are 18 to 21 years old, the child must choose whether to become an Indonesian citizen or a foreigner, in order to avoid dual citizenship.
In reality, there are still 5,000 mulatto children from mixed marriages who were born before 2006 but have not yet determined their citizenship status.
From the discussions held by the Indonesian Citizenship Institute with mixed marriage actors, there are several things so that there are still many children from mixed marriage families who have not yet determined their citizenship status, such as: they still enjoy educational facilities, health facilities and other facilities in one of the countries. their parents, even if they are over 21 years old; others hope to have dual citizenship for life. As a result, their citizenship status is considered to be a foreign citizen.
Government regulations
The issuance of Government Regulation (PP) Number 21/2022 as a substitute for PP Number 2/2007 concerning Procedures for Obtaining, Losing, Canceling, and Reacquiring Indonesian Citizenship, many people regard as a revolutionary breakthrough. Why ?. Because the requirements are simplified, the completion process is accelerated, and with a PNBP (Non-Tax State Revenue) fee of Rp. 5,000,000.- (five million rupiah). So that among perpetrators of mixed marriages, this PP is known as “PP Five Million Rupiah”.
As for some of the requirements for citizenship applications that provide convenience for these children, among others, in the case of a child born in the territory of the Republic of Indonesia and does not have the required immigration certificate in the form of a Permanent Stay Permit (ITAP)/Limited Stay Permit (ITAS), then the child may attach Resident Biodata issued by the Population and Civil Registration Service.
The Director General of Legal and General Administration (AHU) of the Ministry of Law and Human Rights Cahyo Rahadian Muzhar said that “improving the law through PP Number 21 of 2022 is in line with various efforts to improve the country’s conducive climate to attract various parties to come to Indonesia to make a positive contribution to national development. It is hoped that this regulation can also encourage the Indonesian diaspora, including children of Indonesian descent who are skilled, have a great love for the Motherland, and want to contribute to Indonesia,” he said.
Potency
On average, children from mixed marriages have higher education and are human resource assets that are large enough to support Indonesia’s development. They have experience working in a globally oriented environment.
Meanwhile, his family background is cross-cultural, which enables him to easily adapt, tolerate and quickly adapt to changing times.
They may also be able to play an active role and contribute as a bridge connecting Indonesia with various nations in the world in the aspects of education, science, technology, economy and culture. One word that they hope, is that the process is simplified and the completion is accelerated.
This revolutionary Government Regulation is only valid until May 31, 2024, and will only become a directory if it is not socialized optimally. And for children from mixed marriage families, it will only be ridiculous if this policy is not put to use immediately. ***
Paschasius HOSTI Prasetyadji : Senior Researcher at the Indonesian Citizenship Institute