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Martindale-Hubbell(R) Law Digest - Asian Law Digests

Copyright 2008 by Reed Elsevier, Inc.

 1 INDONESIA LAW DIGEST
4 CITIZENSHIP

1 Asian Law Digests INDONESIA LAW DIGEST 4.04

4.04 NATURALIZATION:

Governing Law.

Naturalization is governed by Law No. 12 of 2006 dated 1 Aug. 2006 concerning Citizenship of Republic of Indone-
sia, Presidential Decree No. 57 of 1995 dated 14 Aug. 1995 concerning Procedures for Indonesian Naturalization
and Presidential Decree No. 56 of 1996 concerning Evidence of Citizenship of Republic of Indonesia dated 9 July
1996.

Naturalization application may be submitted by applicant if applicant fulfills following conditions: (i) Has already
reached age of 18 years or has already married; (ii) at time of submission of application has already resided in terri-
tory of Republic of Indonesia for at least five years on continuous basis or at least ten years on non-continuous basis;
(iii) is of sound mind and body; (iv) is able to speak Indonesian language and acknowledges that Pancasila as basis
of State and Constitution of State of Republic of Indonesia of 1945; (v) has never been convicted of criminal act
with sanctions of criminal imprisonment for one or more years; (vi) dual citizenship does not occur by virtue of ob-
taining citizenship of Republic of Indonesia; (vii) has occupation and/or consistent income; and (viii) has paid natu-
ralization fee to National Treasury.

Foreign state citizens who enter into lawful marriages with Indonesian State citizens may obtain citizenship of Re-
public of Indonesia by delivering declaration to become State citizen before official. Declaration to become State
citizen may be conducted if related person has already resided in territory of State of Republic of Indonesia for at
least five continuous years or at least ten years on non-continuous basis, except if obtaining Indonesian citizenship
will result in dual citizenship.

Aliens who have already served State of Republic of Indonesia or for reasons of State interest may be granted citi-
zenship of Republic of Indonesia by President after obtaining considerations of House of People's Representatives of
Republic of Indonesia except when grant of Indonesian citizenship will result in related person obtaining dual citi-
zenship.
Work Permits.

Aliens working in Indonesia are subject to Law No. 13 of 2003 dated 25 Mar. of 2003 concerning Labor Affairs.

Employers utilizing foreign workers must obtain written permission of Minister of Manpower or appointed official
prior to undertaking employment within Indonesia. Permits for utilization of foreign workers are issued for purposes
of utilization of foreign workers conducted selectively in framework of enhancing utilization of Indonesian man-
power in maximum manner. Employer must obtain plan for utilization of foreign workers containing: (i) Reason for
utilization of foreign worker; (ii) intended position of foreign worker within employer's organizational structure; (iii)
projected duration of utilization; and (iv) appointment of Indonesian State citizen as assistant to foreign worker. Em-
ployers are obligated to implement education and job training and technology transfer programs and transfer skills
which are in accordance with qualifications of position of foreign worker.
Immigration Permits.

Aliens entering Indonesia are required to possess visa, to obtain valid entry permit and to enter and exit through ex-
amination by immigration official at immigration check point.

Permanent resident permits may be granted to aliens by Director General of Immigration on behalf of Minister of
Law and Human Rights.

Aliens already obtaining limited residence permits who reside in Indonesia continuously for two or more years may
apply for permanent resident permits.
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