Concept

Indonesian nationality law

Indonesian nationality law is regulated by the 1945 Constitution, as amended; various statutes on nationality, as revised over time; as well as international agreements to which Indonesia has been a signatory. These laws determine who is, or is eligible to be, a national of Indonesia. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Indonesian nationality is typically obtained either on the principle of Jus sanguinis, i.e. by birth abroad to at least one parent with Indonesian nationality; or under Restricted Jus soli, i.e. by birth in Indonesia. It can also be granted to a permanent resident who has lived in Indonesia for a given period of time through naturalization, as long as the parents are stateless, or unknown. Nationality can be acquired in Indonesia through adoption, birth, marriage, or naturalization. Children under five years old who have been adopted by at least one parent who is an Indonesian national are eligible for Indonesian nationality. Indonesian children adopted by foreign parents are also considered to be Indonesian until they reach legal majority and choose a nationality. Individuals who are eligible to be considered Indonesian by birth include: Persons born within the bounds of the territory or abroad to one Indonesian parent; Foundlings born within Indonesia to unknown parents; Persons born in the territory to parents who are stateless; or Persons who would have become Indonesian, but for the death of the parent. Foreign spouses of Indonesian nationals are eligible to choose Indonesian nationality by declaration before the authorities. Five continuous, or ten cumulative years residence in the country is required and the spouse must renounce their nationality of origin or obtain a permit to stay in Indonesia with dual nationality. There are two types of naturalization in Indonesia. Ordinary naturalization requires that an applicant be of legal majority and full capacity.

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