Expats having kids in Indonesia will have to deal with the issue of nationality and immigration. Under Indonesian law a child born to a mother who has a legal relationship (married) to a westerner takes the westerners nationality (whether or not the fathers country agrees to this). This applies even if the child is born in Indonesia. Why they make this law I have not a clue, since it inhibits the chances of the child living in Indonesia and being able to travel freely overseas. Common sense is not something that there is an abundance of over here and forcing young kids to obtain visas to live in the country they were born in is ridiculous. Par for the course in Indonesia.
I had a chat with the British Consulate on the phone today regarding my situation. I have 5 days to get the baby registered with the Indonesian authorities after birth otherwise I will be fined. Then the process begins of getting a kids Kita visa for the next 18 years.
If my name does not appear on the birth certificate the child will considered Indonesian. Getting a British passport could be tricky later following that route, but the British government are starting to require DNA evidence for cases like this and so it would be easy to prove who the father is. The world is a funny place isnt it? Britain hands out passports to anyone who can trick his way through the Channel Tunnel, but my kid will need DNA evidence.
Anyway I am still thinking of my best option. I know a German guy with 2 Balinese kids. He divorced his wife (who he still lives with) so that they can be considered Indonesian after dealing with all the nonsense involving visas. At age 18 a child will be able to choose his nationality according to Indonesian law. Dealing with legal hassles for 18 years is not something I look forward to.
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Chan,
Yes that have some stupid rules over here. The situation for people trafficking drugs is the same for me which is: The rules suck, if you do’t like it here, go home.
I have that option and while living here is still a good thing overall I will continue to do that.
As far as common sense I have to wonder. I see drivers trying to pass each other at the narrowest possible point in the road, do really crazy things that are not to their benefit. Living here in Bali I understand we are dealing with a vastly different culture but on a daily basis I see things I cannot understand.
hi nick!! your seem worried about it,yeah you should be because that how thing are.but i know some pepole who can able to help,hes working in the imigration ,ngurah rai.but to get kitas is very easy because your wife is indonesian,she can do the sponsoring.i also know if your visa happend to be run out you have to go singapore,because over there you can get visa from indonesian embassy.huh…..i you know how it all worked as long as the money talking evrything will be fine,but make sure you meet the right person.hmmm did i give too little information here?….
Nick,
Don?t blame on the lack of abundance of commonsense here if you don?t make an effort yourself to get a clue about the nationality law. Indonesian Nationality Law of 1958 adopts the ?jus sanguinis? (by descent) in determining nationality at birth and precedence is given to the link of the father. To a certain extent that 1958 Law also adopt the ?jus soli? (right of soil or place of birth) e.g. the baby doesn?t acquire the nationality of the parents. Unfortunately Indonesia, like certain countries, still does not accept dual citizenship as simple as that.
Nick,
Don’t blame on the lack of abundance of commonsense here if you don’t make an effort yourself to get a clue about the nationality law. Indonesian Nationality Law of 1958 adopts the “jus sanguinis” (by descent) in determining nationality at birth and precedence is given to the link of the father. To a certain extent that 1958 Law also adopt the “jus soli” (right of soil or place of birth) e.g. the baby doesn’t acquire the nationality of the parents. Unfortunately Indonesia, like certain countries, still does not accept dual citizenship as simple as that.
you say: Indonesian Nationality Law of 1958 adopts the “jus sanguinis” (by descent) in determining nationality at birth and precedence is given to the link of the father.
And this law is actually in violation of UN procedures as it discriminates against women.
I think this law is in force because the country cannot stand the idea of “its women” sleeping with amoral Westerners. It’s just a way of discouaging sexual relations with foreigners (but it’s ok if bali men sleep with Western women, that’s a different story altogether…)
We all know that it poses a problem for mixed marriage for the time being. You must be joking thinking that “its women” sleeping with Westerners maybe of great concern to the Country. There’s nothing wrong with that and as if that they would really care. Why amoral Westerners in the first place? Why limited to Bali Men? Do you really think that only Bali men in Indonesia who can sleep with Western women? There is a bit of underlying tone of sexism and racism in your sentences. Excuse me but foreigners to Indonesia do not merely consist of Westerners. There are other countries too! On top of it the subject was about marriage related and not “sleeping”. But THAT is not the point. The point is what nationality a baby born from a mixed marriage should acquire. Whatever the nationality the parents choose for their children, they just have to bear in mind that until now Indonesia doesn’t accept dual nationality yet.
Actually in July last year, there has been a draft of revision proposed to the Parliament to amend the actual Indonesian Nationality Law of 1958 which was found by many Indonesians polemic and discriminative too. So let’s see what will be the outcome of it.
Indonesia is not the only country that has one standard for men and another for women. If a British man wants to bring in a bride from a third world country no worries, but a British woman will have some problems.
Why does it discriminate against women when most of the time Indonesian women would probably follow their foreigner men (e.g. husbands) abroad given half the chance? In the perspective that it benefits the relationship, no way no how it discriminates against women. The “jus sanguinis” is in force most likely due to the fact that Indonesia has never allowed its citizens to hold dual citizenship. So the “jus sanguinis” most of the time probably simplifies matter for most people. Also, until today most of Indonesia’s legal system is essentially just a revision of the old colonial Dutch laws. Relics of a bygone age that really need to be put to pasture.
I personally think it’s not common sense that is lacking but time and resources for the Indonesians to do things right. Well uhm plus those bloodsucking government officials don’t really help the situation and condition much either.
I remember my father’s expat friends in Jakarta saying: “If it’s hard, why make it easy?” That sums it up I reckon.
Being married with an Indonesian woman and having a 2 years old son, we had this citizenship/kitas stuff to deal with. Our son is legally french and have a KITAS in order to stay in the country where he borned. Even though I agree that this is stupid, I also had to admit that I didn’t have that much problem to get his KITAS done and renewed each year. Cost was 400000 rupiah (same for renewal) and it took us a couple of visit to our local kantor imigrasi and a few paper to fill. A few important rules: Do everything yourself, be very firm with the immigration officials, know the procedure and follow it ! It will avoid u a lot of disagrements and hassles.
Indonesian citizenship is granted by (1) birth through the paternal line ‘jus sanguinis’ Indonesia follow continental European Public Law, it has nothing to do with government mistrust or whatever you want to call it.
SURELY the law is not made to prevent their women from sleeping with whoever and whatever.
(2) Naturalization, i.e. when a child reach the age of 18 or become married whicever come first.
When you live in a third world nation is always wise to learn some ‘know how’ before taking actions. I have great respect for people like Tom, HansVdP and Olivier. Indonesia is not by all means a perfect country. It is true that is mind boggling to watch them do things but you should have more respects other than just “…living here is still a good thing overall” attitudes. In a way you make yourself sound like “Neo Colonialist”
I need some info concerning adoption in Indonesia in the late 80’s can anyone help me out please email me at idbirth@gmail.com
thank you
Well this all I can say to…Having a kid in Bali” and that is and I quote from The Holy Koran…that says….”If women are good, then a country is good” And then you have this to top it all off from a Muslim Officialdom who said this….“Muslim Judge Blames Women’s Wickedness for Tsunami in Aceh”???? And there is more…his article concludes with a quote from Marzuki Lidan, a survivor from Banda Aceh, who lost his wife and children to the raging sea: “The Sharia police are good Muslims doing an excellent job. We must listen to them and follow God’s rules. Otherwise the tsunami will happen again.”…that is why you are having all these difficulties and also how can common scene prevail in such a religiously influenced primitive country and what can we say about Indonesia???? Give UP & GET OUT OF THERE!!!
“Common sense is not something that there is an abundance of over here…….”
But we are supposed to respect Indonesia’s rules, right?