[Kabar-indonesia] Good news for Indonesian wives with foreign husbands and their children

[Joyo at aol.com]

The Jakarta Post 
Saturday, July 1, 2006

Editorial 

Toward a more humane welcome

News on the House of Representatives' plan to deliberate a bill allowing dual 
citizenship for children from Indonesians with foreign spouses arrives like a 
refreshing morning dew, especially for Indonesian women with foreign husbands.

The government's stance on citizenship for children from Indonesian wives 
with foreign husbands has been discriminatory for decades. Even when the couple's 
marriage is good, citizenship for their children is complicated. According to 
existing laws, an Indonesian wife must report to the authorities soon after 
the baby is born, if the baby is born in Indonesia, to have the birth legally 
acknowledged and the father's citizenship conferred on the baby. A late report 
could mean a fine or even the deportation of the baby.

As the baby is considered a foreigner by Indonesian law, he or she must get a 
sponsor in order to stay in the country. Consequently, once every three 
months Indonesian mothers have to go abroad, usually to Singapore, to apply for 
Indonesian visas for their children.

Things become more complicated and heartbreaking if the couple's marriage 
disintegrates and they seek divorce. The Indonesian wives lose their children 
who, according to Indonesian law, belong to the fathers.

Disputes over children have become common in marriages between Indonesian 
women and foreign men.

Questions loom, as marriage is a basic human right. Any person has the right 
to choose his or her spouse regardless of religion, ethnicity or nationality, 
as guaranteed by the 1945 Constitution. To combat discrimination, the 
Indonesian government also ratified the Convention on the Elimination of All Forms of 
Discrimination against Women in 1984. The country also has a law on child 
protection.

All these laws and regulations have been meaningless, however, when it comes 
to the citizenship of children from Indonesian mothers and foreign fathers.

Indonesian women whose husbands are foreign nationals have been striving for 
greater legal fairness for their children. The provision of dual citizenship 
is a good start.

Essentially, Indonesia is not an immigrant country. Its laws do not welcome 
foreigners to settle here. Things have drastically changed, however, mainly due 
to globalization. Intermarriage among Indonesians and foreigners has become 
common. This practically demands greater flexibility.

>From the business point of view, globalization means foreign investment, 
which needs clear legal policies, including those on immigration.

Procedures for foreigners requesting permanent residence should be adjusted 
to accommodate foreign investors and top foreign managers eager to change their 
limited stay permit to a permanent resident permit.

The outcry over permanent residence requests by business circles here has 
apparently been heard by the government. Regulation No. 38/2005 on visas, 
residence and immigration permits has been issued to cut the red tape in immigration 
procedures. Once the new regulation is effective, investors and top managers 
from abroad will be able to change their limited stay permit to a permanent 
resident permit two years after the first permit is issued.

The permanent residence policy will also provide foreign nationals with a 
permit to live in the country for five years without immigration problems. 
Foreigners will be allowed to leave the country for up to three months at a time 
with multiple re-entry permits, while the government also promises to ease the 
red tape involved in obtaining the necessary approvals.

These positive gestures from the government indicate changes in the 
government mind-set and perception about 'foreigners'. In the past many government 
officials in key positions had a kind of foreigner-phobia. Many assumed foreigners 
entering the country would cause economic, cultural or religious problems.

Things have changed. The country must be more open. Despite the need for 
proper security, excessive apprehension toward foreigners is wrong. In this way 
the country can offer a more humane welcome to foreigners.

------------------------------------------
Joyo Indonesia News Service
------------------------------------------