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American & Indonesian Citizen But Passport Expired

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  • American & Indonesian Citizen But Passport Expired

    So I've had this happen twice now and was wondering if anyone could help me out--or at least explain what's going on.

    It's not a big deal, but it's been perplexing me.

    I don't actually live in Indonesia, currently, but I travel back here occasionally to visit my wife's family, and one of my children was born here. Both my kids are also dual passport holders, but their Indo passports expired a while ago and, since I'm an American and don't want to go through the fuss of explaining their passport situation through Indonesia customs, I've just been taking them through the visa on arrival service that I, as an American, go through--with their American passports.

    I've done this twice now, and both times, when the immigration officials saw that my son's US passport has him born in Indonesia, began asking me for an "affidavit." Both times, I pulled out his expired Indo passport, which they took and seemed to satisfy them.

    Now I know he should have a birth affidavit, or something of that sort, but I can't understand why they keep bothering me about it and, more importantly, why it should matter when my son is a US citizen with a valid US passport. It seems a nuisance thing to trouble him about, to carry about with him for the rest of his life, just b/c he happened to be born in Indo.

    Can anyone explain what is going on here, and maybe what I should do/say in the future?

    Thanks so much!

  • #2
    Originally posted by AndrewK View Post
    (1) Now I know he should have a birth affidavit, .. but I can't understand why they keep bothering me about it ...

    (2) why it should matter when my son is a US citizen with a valid US passport. It seems a nuisance thing to trouble him about, to carry about with him for the rest of his life, ...

    (1) As far as I know this affidavit is required for :
    - proving a person has dual citizenship (Indonesian + ..) in case he/she does not carry the Indonesian passport , and
    - deciding for the Indonesian citizenship or the other citizenship when the dual citizen reach the age of 18 up to 21 years old

    (2) As you are getting Indonesian Visas in their USA passports , I guess that the affidavit is irrelevant .


    --------------------------------------------


    In relation to the expired Indonesian passport , be informed that (as far as I understand) your children may lose the Indonesian citizenship if you don't report their intention to continue being Indonesians or get new Indonesian passports before 5 years passed after you registered them at the USA's Indonesian Embassy/Consulate (see below the affected Laws) .


    ---------------------------------------------


    UU no.23 year 2006
    .......
    Article 4
    Indonesian citizens outside of Indonesia must report to the Local State Civil Registration and / or Representative of the Republic of Indonesia by fulfilling requirements of Population Registration and Civil Registration.
    Note : not the official translation


    ----------------------------------------------


    UU no.12 year 2006
    .......
    Article 23
    An Indonesian citizen will lose his/her citizenship due to the following:
    .......
    i. Living outside of Indonesia for 5 (five) consecutive years for non official purposes, without legal reason and deliberately refuses to declare his/her intention to remain an Indonesian citizen before the 5 (five) year limit ends, and in each of the next 5 (five) years the said person fails to declare his/her intention of retaining his/her citizenship to the Indonesian Representative offices in which the said person’s residence is under its jurisdiction although the said Representative Office has duly informed them in writing, as long as the incumbent does not become stateless because of such negligence.
    Note : not the official translation
    Last edited by marcus; 31-01-19, 16:53.

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    • #3
      Thanks, marcus! That's helpful.

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      • #4
        Originally posted by AndrewK View Post
        ... I've just been taking them through the visa on arrival service that I, as an American, go through--with their American passports... the immigration officials saw that my son's US passport has him born in Indonesia, began asking me for an "affidavit." Both times, I pulled out his expired Indo passport, which they took and seemed to satisfy them.
        Now I know he should have a birth affidavit, or something of that sort, but I can't understand why they keep bothering me about it ...

        Returning to what you told us , I guess the officers maybe were confused about the Regulation :

        PP no.31 , year 2013
        Article 9
        Child with dual nationality who enters or exits Indonesia shall comply with the following requirements:
        a. Shall have a legal and still valid Travel Document;
        b. Not including in the list of Prevention or list of deterrence; and
        c. Shall have the "affidavit" in case of using Nationality Passport.

        Article 11
        (1) A Child with dual nationality (Indonesian + ..) who enters or exits Indonesia using an Indonesian Passport shall be exempted from the requirements of having Indonesian Visa, Stay Permit, and Re-Entry Permit.
        (2) Exemption from the requirements of having Visa, Stay Permit, and Re-Entry Permit as contemplated in clause (1) shall be given for children with dual nationality who have the "affidavit" in accordance with the provision of laws and regulations.
        Last edited by marcus; 20-02-19, 15:44.

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