NATURALIZATION OF FOOTBALL ATHLETES IN REVIEW FROM INDONESIAN CITIZENSHIP REGULATIONS

From                : A.M Oktarina Counsellors at Law

Contributors  : Abdurrahim, S.H., Pramudya Yudhatama, S.H., Raysha Alfira, S.H., Khaifa Muna Noer Uh’Dina, S.H., Putri Shaquila, S.H.

Reviewer         : Noverizky Tri Putra Pasaribu, S.H., L.L.M (Adv).

A. Background

There are a few weeks now, the social media universe is warming up with discussions of football lovers, where the champion of the 2022 FIFA World Cup, the Argentina National Team, will visit the Indonesia National Team at the Gelora Bung Karno Main Stadium, Jakarta in June. Then related to this, of course the Indonesian National Team has a “roadmap” to be able to speak further on the world stage, one of that is by calling diasporas and descendants Indonesia that is career abroad such as naturalized football athletes that has also recently become a topic of discussion. Namely Rafael Struick and Ivar Jenner.  In the world of football, naturalization is not taboo or new. So how does regulation in Indonesia regulate naturalization?

1. Legal Basis
2. Law Number 12 of 2006 concerning Citizenship. (“Law 12/2006“)
3. Government Regulation Number 2 of 2007 concerning Procedures for Acquiring, Losing, Revoking, and Regaining Citizenship of the Republic of Indonesia. (“PP 2/2007“)
4. Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 36 of 2016 concerning Procedures for Submitting a Statement to Become an Indonesian Citizen. (“Permenkumham 36/2016“)

Referring to Article 1 number 3 of Law 12/2006 that reads:

“Citizenship is a procedure for foreigners to obtain Citizenship of the Republic of Indonesia through application.”

In addition, before diving further into naturalization, let us look at the provisions of the definition of citizen in Article 4 letter a to m of Law 12/2006 that reads:

“Indonesian citizens are:

1. any person who based on laws and regulations and/or based on agreements between the Government of the Republic of Indonesia and other countries before this Law comes into force has become an Indonesian Citizen;
2. a child born from a legal marriage of an Indonesian father and mother;
3. a child born from a legal marriage of an Indonesian father and a foreign mother;
4. a child born from a legal marriage of a foreign father and an Indonesian mother;
5. a child born from a legal marriage to an Indonesian mother, but the father does not have citizenship or the laws of the father’s home country do not grant citizenship to the child;
6. a child born within a grace period of 300 (three hundred) days after the father’s death from a legal marriage and the father is an Indonesian citizen;
7. a child born out of legal wedlock to an Indonesian mother;
8. a child born out of legal wedlock to a foreign mother who is recognized by an Indonesian father as his child and the recognition is made before the child turns 18 (eighteen) years old or unmarried;
9. children born in the territory of the Republic of Indonesia who at the time of birth have unclear citizenship status of their father and mother;
10. newborn children found in the territory of the Republic of Indonesia as long as the father and mother are unknown;
11. children born in the territory of the Republic of Indonesia if the father and mother are stateless or whose whereabouts are unknown;
12. a child born outside the territory of the Republic of Indonesia to an Indonesian father and mother who, due to the provisions of the country in which the child was born, grants citizenship to the child concerned;
13. the child of a father or mother whose application for citizenship has been granted, and then the father or mother dies before taking the oath or pledging allegiance.”

Judging from the two articles above, everyone who is not included in the classification of Indonesian Citizens or commonly referred to as foreigners and wants to obtain Citizenship Republic of Indonesia or commonly referred to as Naturalization, then the person may apply for Citizenship.

There are 2 (two) types of naturalization, namely Ordinary Naturalization and Special Naturalization. Ordinary Naturalization is the process of obtaining Indonesian citizen status for foreigners with the terms and procedures for applying in general that are regulated in Article 9 letters a to h of Law 12/2006 that reads:

“An application for citizenship can be submitted by an applicant if it meets the following requirements:

1. be 18 (eighteen) years old or married;
2. at the time of submitting the application has resided in the territory of the Republic of Indonesia for at least 5 (five) consecutive years or at least 10 (ten) non-consecutive years;
3. physically and spiritually healthy;
4. be able to speak Indonesian and recognize the state basis of Pancasila and the 1945 Constitution of the Republic of Indonesia;
5. has never been convicted of a crime punishable by imprisonment of 1 (one) year or more;
6. if by obtaining Citizenship of the Republic of Indonesia, does not become a dual citizen;
7. have a job and/or a steady income; and
8. pay citizenship money to the State Treasury.”

The submission of the application is also regulated in Article 10 of Law 12/2006 that reads:

• “The application for citizenship is submitted in Indonesia by the applicant in writing in Indonesian on sufficient stamped paper to the President through the Minister.
• The application file for citizenship as referred to in paragraph (1) shall be submitted to the Official.”

The meaning of Special Naturalization is regulated in Article 20 of Law 12/2006 jo. Article 13 PP 2/2007 and Article 15 paragraph (1) PP 2/2007 that reads:

Article 20 Law 12/2006

“Foreigners who have contributed to the state of the Republic of Indonesia or for reasons of state interest may be granted Citizenship of the Republic of Indonesia by the President after obtaining consideration from the House of Representatives of the Republic of Indonesia, unless the granting of such citizenship results in the person concerned having dual citizenship.”

Article 13 PP 2/2007 

• “The President may grant Citizenship of the Republic of Indonesia to Foreigners who have contributed to the Republic of Indonesia after obtaining the consideration of the House of Representatives of the Republic of Indonesia, unless the granting of such citizenship results in the person concerned having dual citizenship.
• Citizenship of the Republic of Indonesia as referred to in paragraph (1) is granted to Foreigners who, because of their outstanding achievements in the fields of humanity, science and technology, culture, the environment, or sports, have given progress and fragrance to the name of the Indonesian nation.”

Article 15 paragraph (1) PP 2/2007

• “The proposal for granting Citizenship of the Republic of Indonesia as referred to in Article 13 is submitted to the Minister by the head of a state institution, government institution, or related community institution.”

Special   Naturalization is given to foreigners who are considered instrumental in making Indonesia proud for their extraordinary achievements. Launching news from the website of the DKI Jakarta Ministry of Law and Human Rights Regional Office dated May 24^th, 2023 (as the link attached) examples of Special Naturalization are as given to 2 (two) football athletes, Rafael Struick and Ivar Jenner, where with their sporting achievements it is expected to contribute to the interests of Indonesian sports.

“Rafael Struick and Ivar Jenner have officially taken the oath and pledge allegiance to citizenship to become naturalized football athletes.” (source:  https://jakarta.kemenkumham.go.id/berita-kanwil-terkini-2/kembali-lantik-atlet-naturalisasi-kanwil-kemenkumham-dki-jakarta-turut-berkontribusi-majukan-sepak-bola-indonesia)

So, what is the mechanism of naturalization in practice?  To answer this question, we need to understand the provisions of citizenship that in the mechanism contained in Permenkumham 36/2016.

B. Conclusion

Basically, as we know, naturalization is certainly not a new thing in regulatory practice in Indonesia or in the world of football, but it must still go hand in hand and according to the provisions regulated in Indonesia, mainly about the principle of citizenship.  By looking at the regulations and constitutions in Indonesia related to naturalization, it certainly provides space for diasporas or descendants of Indonesia who are attracted and want to become   Indonesian citizens to be able to participate in building the nation and state of Indonesia.

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