Limits on Inherited Land Ownership for Foreign Nationals in Mixed-Nationality Marriages

The implementation of limited dual citizenship under Law No. 12 of 2006 still faces various administrative obstacles for children of mixed marriages. A lack of public awareness regarding the obligation to choose a citizenship, ineffective procedures, and differences in data between the Population and Civil Registration Office (Disdukcapil) and the Indonesian Embassy can lead to uncertainty regarding citizenship status and difficulties in obtaining civil registration documents. Therefore, it is necessary to strengthen interagency coordination and improve administrative mechanisms to ensure legal certainty and protect children’s citizenship rights.

Divorce in mixed marriages between Indonesian citizens and foreign nationals often raises issues regarding the children’s citizenship status. This is due to differences in citizenship regulations between Indonesia and other countries. This issue is further complicated by the principle of limited dual citizenship for minors. Under Law No. 12 of 2006, children with dual citizenship are required to choose one citizenship no later than three years after turning 18 or getting married. However, the implementation of this law often creates a dilemma that results in children losing their citizenship (stateless).

This dilemma stems from administrative obstacles. First, complicated procedures combined with a lack of public awareness have caused many children to miss the deadline for choosing their citizenship because they did not understand this obligation, resulting in them becoming stateless. This procedural uncertainty ultimately undermines children’s right to certainty regarding their citizenship status.

Second, duplicate records often occur across different institutions. For example, data from Indonesia’s Population and Civil Registration Agency (Disdukcapil) and the Indonesian Embassy are frequently inconsistent due to a lack of inter-agency communication, so that a citizen may be recorded as stateless by Disdukcapil but still hold dual citizenship status with the Indonesian Embassy. This inconsistency in data across agencies significantly hinders the clarity of a citizen’s legal status.

Third, uncertainty surrounding an individual’s citizenship status may give rise to jurisdictional issues that undermine legal certainty for the individual concerned. As a consequence, the individual may encounter legal and administrative obstacles in obtaining, renewing, or otherwise processing civil registration and identification documents, including a passport and a National Identity Card. Such issues are inherently difficult to resolve, as they involve the overlapping jurisdiction and authority of multiple government institutions. Consequently, no single authority bears exclusive responsibility for rectifying the administrative defects arising from the uncertainty of the individual’s citizenship status, thereby further complicating the resolution of such matters.

It can be concluded that the implementation of Law No. 12 of 2006 regarding limited dual citizenship has created an administrative dilemma. In addition to confusion over one’s status when voting obligations are neglected, the main problem lies in the lack of mechanisms for publicising the law regarding these obligations.

Farra Mutiara Nabila / Nazla Syifa Husna

The information provided in this article does not, and is not intended to, constitute legal advice. Court decisions, legal interpretations, and factual circumstances differ in every case. Readers should contact a licensed attorney for counsel on any specific legal issue.