Bipatride: Its Status and Legal Consequences Against Citizens in the Field of Immigration

2. Discussion.

Guarantees of citizenship status in Indonesia are regulated in Article 28D paragraph (4) of the 1945 Constitution, which states that; "Everyone has the right to citizenship status". Likewise in the Law specifically regulating Human Rights (HAM), namely Law Number 39 Year 1999 concerning Human Rights, where Article 26 states that: Every person has the right to have, obtain, replace, or maintain his citizenship status. Assurance of citizenship status is important given the consequences of the inherent status in each individual. As an identity with the country to which a person is connected, individuals will get easy access to enter and exit the territory of a country. Related to rights and obligations, then their rights are guaranteed in the constitution whether they are civil, political, economic or cultural rights. It also includes guarantees of legal protection wherever they are.

In Indonesian law the rights to guaranteed citizenship status, not only the right to a single citizenship status means that only have 1 citizenship, but also a guarantee of bipatride status. The meaning of bipatride is to show people who have dual citizenship as a result of different systems.[1] Bipatride is generally caused by differences in citizenship regulations of various countries. But it can also occur because of equality in citizenship regulations.[2] The status of bipatride adopted by Indonesia is bipatride for children and is given on a limited basis. In Law No.12 of 2006 it is stated that: The principle of limited dual citizenship is the principle that determines dual citizenship (more than one nationality) for children according to the provisions stipulated in the Act. So, this citizenship can only be owned when he was a child and after the child is 18 (eighteen) years old, he must choose or determine one of his citizenship. Affirmation of the status of bipatride given to children is normatively regulated in Article 6 paragraph (1) of the Law. No.12 of 2006 which states that in terms of the citizenship status of the Republic of Indonesia of children as referred to in Article 4 letter c, letter d, letter h, letter i, and Article 5 results in children having dual citizenship, after being 18 (eighteen) years old or already married the child must declare choosing one of his citizenship.[3]

Getting / bipatride status will bring legal consequences for the child, for example they will be subject to 2 legal jurisdictions; get protection from two countries where they are registered as citizens and also get rights and obligations from two countries. One other consequence for bipatride children is related to immigration issues. Immigration is a matter of the traffic of people entering or leaving the Territory of Indonesia and its supervision in order to maintain the upholding of the country's sovereignty.[4] For children who have bipatride citizenship will have legal consequences in the field of immigration.

In the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 22 of 2012 (Law and Human Rights Regulation) Regarding Procedures for Enrolling Dual Citizenship and Application for Immigration Facilities, it is stated that One of the rights obtained by children with bipatride status is to obtain immigration facilities. Immigration facility is a card given to children of subjects with dual nationality holding a foreign national passport that is given affidavit. An Affidavit is an immigration letter attached to or attached to a foreign passport that contains information as a child of dual citizenship and provides immigration facilities to its holders based on statutory provisions.[5] The Minister of Law and Human Rights Regulation No.22 of 2012 states that there are several immigration facilities provided to children both as Indonesian passport holders and foreign passports. Specifically for foreign passport holders Immigration facilities that can be provided are:[6]

a. Exemption from Obligation to have a Visa;

b. exemption from the obligation to have an immigration permit and re-entry permit; and

c. granting entry or exit sign which is treated as an Indonesian citizen.

Exemption from these obligations is to make it easier for children to enter and enter the territory of Indonesia, through visa exemptions and exemptions from immigration licenses, which of course would be different if they were foreigners. The new immigration facility is given to children with bipatride status based on the application. The application is completed with:

a.foreign national passport children of dual nationality; and

b.bukti registration of Dual Citizenship Children.

In addition, another consequence for bipatride children is having to use the same passport when entering and leaving Indonesian territory, and if entering and leaving Indonesian territory using a foreign national passport, immigration officials in addition to providing entry or exit signs also affix an immigration seal as a Dual Citizenship Child on an embarkation or debarkation card. This is the same as the children of Indonesian citizens and besides that. Furthermore, through the Circular of the Ministry of Law and Human Rights of the Directorate General of Immigration Number IMI 1977.GR.01.05 of 2013 concerning the Provision of Immigration Facilities for Dual Citizenship Children, contains provisions on amendments to the provision of immigration facilities which were initially in the form of sheets into card-shaped cards. The request must be submitted in writing.

              With bipatride status based on Law No. 12 of 2006 in Article 6, a child who has dual citizenship status at the age of 18 (eighteen) years or is married, the child must declare to choose one of his citizenship. The statement was submitted in writing and was given no later than 3 (three) years after the child was 18 (eighteen) years old or was married.
Immigration documents are required for the child when the child makes a legal choice with regard to his citizenship status. There are differences in the way in which a Citizenship Statement is submitted between those born before August 1, 2006 and those born after August 1, 2006. For those born before August 1, 2006 , the Statement for Choosing Citizenship must be accompanied by a photocopy of an excerpt of the Decree of the Minister of Law and Human Rights concerning the determination of Citizenship of the Republic of Indonesia. Those born after August 1, 2006 must attach Affidavit.[7] In addition to the aforementioned matter in the Permen it also regulates the submission of a statement on choosing citizenship (whether choosing as an Indonesian citizen, as a foreigner, or not making a choice). For those who do not make a choice, the child will lose his Indonesian citizenship and may be granted a residence permit.[8]

              Some problems that arise from the status of bipatride children in the field, including there are four points, namely:[9]

1. The use of immigration facilities subject to child dual citizenship that is not limited to time, which is used by the person concerned in accordance with personal interests (double passport);

2. Potential loss of citizenship of the Republic of Indonesia for children of dual citizenship who do not exercise the obligation to vote;

3. He does not know the exact number of children of dual nationality at each immigration office whether they will elect the Citizenship of the Republic of Indonesia or foreign Citizenship; and

4. The right of a child of dual nationality to participate as a voter in the Regional Head Election and Presidential Election

To overcome these problems, there are a number of solutions that can be put forward including: through optimizing the data collection of children with bipatride status, intensifying periodic reporting that must be carried out by children with bipatride status in accordance with Article 30 paragraph (1) Permenkumham RI Number M.HH-19. AH.10.01 of 2011 which is every 4 months and limits the validity of passports for children who apply for a passport at the age of 17 years, this is intended to avoid misuse of the passport.

3.Conclusion.
From this description it can be concluded that the status of bipatride brings consequences for children in the field of immigration, including the ease of entering and entering the territory of Indonesia through facilities provided by the provision of immigration facilities including visa-free, exemption of immigration permits, re-entry permits and granting entry or sign out the equivalent of those who are Indonesian citizens.