Kewarganegaraan WNI Ganda

1. Pasal 4 UU Nomor 12 Tahun 2006

  • Anak dari perkawinan sah ayah WNI dengan ibu WNA
  • Anak dari perkawinan sah ayah WNA dengan Ibu WNI
  • Anak tidak sah ibu WNA diakui oleh ayah WNI sebagai anaknya pengakuan dilakukan sebelum 18 tahun/belum nikah
  • Anak lahir diluar wilayah Indonesia dari ayah dan ibu WNI dimana Negara tempat lahir memberikan kewarganegaraan kepada anak tersebu

2. Pasal 5 UU Nomor 12 Tahun 2006

  • Anak tidak sah diakui secara sah oleh ayah WNA sebelum 18 tahun dan belum nikah
  • Anak WNI belum berusia 5 tahun diangkat sebagai anak sah oleh WNA berdasarkan ketetapan pengadilan
  1. Dalam hal status kewarganegaran Indonesia pada pasal 4 huruf C,D, H dan L dan pasal 5 berakibat Kewarganegaraan ganda  maka setelah 18 tahun /sudah nikah harus memilih salah satu kewarganegaran
  2. Pernyataan tersebut disampaikan paling lambat 3 tahun setelah 18 tahun /nikah.

 

IMPLIKASI DIBIDANG KEIMIGRASIAN

  1. Penyesuaian di bidang peraturan keimigrasian
  2. Bagi anak subyek Ganda terbatas yang lahir sebelum 01 Agustus 2006
  • BELUM melakukan pendaftaran tetap harus memiliki izin keimigrasian,penyelesainnya cukup di Kanim setempat
  • Telah melakukan pendaftaran maka orang tua/wali melaporkan :
    1. Kanim setempat
    2. Melampirkan paspor dan Kepmen tentang perolehan Ganda terbatas
    3. Pengembalian dokim
    4. Dapat dilakukan pemberian paspor RI dgn cap “yang bersangkutan subyek ganda UU no.12 Th.2006 pasal 4 c,d,h,l
    dan pasal 5
    5. Bagi yang memiliki paspor kebangsaan lain dilampirkan affidafit biaya Rp.75.000,- (PP 38 Th.2009)

3. Anak yang lahir setelah 01 Agustus 2006 orang tua/wali melaporkan :

  • Dapat diberikan SPRI walaupun mempunyai paspor asing
  • Dapat diberikan SPRI dengan cap ganda terbatas
  • Memiliki paspor lain dilampirkan affidavit  biaya Rp.75.000,-

 

FASILITAS KEIMIGRASIAN YANG DAPAT DIBERIKAN

  1. Bagi anak yang hanya memiliki paspor asing dibebaskan dari visa,izin tinggal dan izin masuk kembali
  2. Diterakan tanda masuk/bertolak sebagaimana WNI
  3. Pemegang dua paspor wajib memilih menggunakan salah satu paspornya
  4. Diberikan cap kewarganegaraan terbatas pada AD-CARD
  5. Perempuan WNI yang kawin dengan laki-laki WNA dapat menjadi sponsor suaminya untuk memohon visa izin tinggal terbatas ,izin tinggal tetap dan untuk menjadi WNI
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