The issue is the RIGHTS of Malaysian Children > should their non-Malaysian mother(or father) have the RIGHT to remain in Malaysia with these Malaysian children? If there is NO such Parental VISA > Malaysian Children will be deprived the right to with their non-Malaysian mother in Malaysia so that these Malaysian children can continue with their education and life in Malaysia - to simply ask MALAYSIAN children to remain without parent/s in Malaysia OR to just follow their non-Malaysian parent is certainly NOT IN THE BEST INTEREST OF THE CHILD - and here we are talking about MALAYSIAN kids.
Background
Malaysia gave an Indonesian Man a Permanent Residency status > and that means the children of this man will automatically be MALAYSIAN citizens.. this was the law then, where this meant that the children of the PR will be Malaysian citizens
PART II [SECOND SCHEDULE Federal Constitution]
[Article 14(1)(b)]
CITIZENSHIP BY OPERATION OF LAW OF PERSONS BORN ON OR AFTER MALAYSIA DAY
1. Subject to the provisions of Part III of this Constitution, the following persons born on or after Malaysia Day are citizens by operation of law, that is to say:
(a) every person born within the Federation of whose parents one at least is at the time of the birth either a citizen or permanently resident in the Federation; and...
Thus, our Indonesian man who was a 'permanent resident' married an Indonesian woman, and they had 4 children who according to law are Malaysian Citizens. Then, for reasons unknown the Indonesian father LOST his PR Status, and was allegedly deported.
This left the Indonesian mother, and the 4 Malaysian children( her four children aged 12 to six) in a DILLEMA - as the law did NOT allow the mother to remain legally in Malaysia with the 4 Malaysian Children. Now, the Malaysian children have been living their whole life in Malaysia attending school in Malaysia and living as Malaysian citizens > There should be a PARENT VISA that will allow the non-Malaysian mother to remain in Malaysia with the Malaysian citizen children - so the children can continue to live in the country, continue their education in Malaysian schools, and enjoy all benefits as Malaysian citizens...but no such VISA was issued, and that meant that the Indonesian mother will be forced to leave the country - leaving behind the minor children OR alternatively take the Malaysian children with her but there are MAJOR problems affecting CHILD RIGHTS of these Malaysian children.
The education system of INDONESIA is different from that of Malaysia > thus it is difficult for these children, who must be noted are all Malaysian citizens. Is it JUST for Malaysian children to be forced to go back to Indonesia? CERTAINLY, it is not in the best interest of the child.
When the LAW is lacking - merely depending on Courts is foolish - more so, when in this case, POLITICAL WILL and law changes is the only remedy - and so, besides the court action - remedy was also sought speedily and directly to the State, and even Parliament. Romita Hasibuan, the mother, and their children did this:-
a) Besides letters, they also sought public support by getting a PETITION going (not an online petition) but a petition getting people to sign on which was then send to the PM, Home Minister and also SUHAKAM
Bagaimanapun, permohonannya untuk terus tinggal di negara ini mendapat sokongan daripada 6,517 individu di mana tandatangan mereka akan dihantar kepada Abdullah, Azmi dan Suhakam
b) MP Teresa Kok(DAP) also raised the issue in Parliament in July 2005
Earlier in the House, Azmi said Abdul Mutalib, a legal PR since 1978, was held under the Internal Security Act (ISA) for two years in 1995 because of involvement in forging identity cards in Sabah.The home ministry had in 1996 declared him as an 'undesirable immigrant' and revoked his entry permit and identity card. After serving the two-year ISA detention, Abdul Mutalib was deported back to Indonesia in December 1997."Since then, he is no longer a PR here and he could not stay in this country," Azmi explained to the House.
c) When the Home Minister was leaving Parliament, Romita approached the Minister to plead for JUSTICE for her children and the family. Sadly, the Minister allegedly said ...
When the sitting ended, Romita took the opportunity to meet the minister at the Parliament lobby and attempted to hand over a memorandum to him. Contacted today, she quoted Azmi as telling her, "Your husband is a criminal. Your children could be brought back to Indonesia." Romita then pleaded with the minister several times, saying ' tolong-lah Datuk ', but he ignored this and left without receiving the memorandum.
Shortly afterwards, Romita fainted at the Parliament lobby and was immediately sent to the Parliament's clinic. An hour later, she was transferred to Hospital Kuala Lumpur.
What the Minister allegedly said publicly was false because the father was NO CRIMINAL simply because he was detained under the ISA(detention without trial). He, like any other, must still be presumed INNOCENT until proven guilty after a Fair Trial in Court. A person can only be referred to as a CRIMINAL if he has been tried, found guilty and convicted by Court - if not he cannot be called a criminal.
Najib is a CRIMINAL and Anwar Ibrahim too is a CRIMINAL convicted by Court - but you do not become a criminal simply because you have been detained under the ISA - Lim Kit Siang, Karpal Singh, Mohamad Sabu, Lim Guan Eng, Dr. Chandra Muzaffar, Lim Chin Chin, ... are not CRIMINALS simply because they were detained under the ISA>
Thus, Romita commenced a defamation suit against the said Home Minister (...also filed a RM10 million suit against Home Minister Azmi Khalid ( photo ), his ministry and the government for allegedly defamatory remarks about Abdul Mutalib...)
STOP DISCRIMINATING SARAH,AND GIVE THIS MALAYSIAN CHILD HER MYKAD
PR status to foreigners who marry Malaysians upon registration of marriage in Malaysia - Best Solution
LESSONS to be learned
1) There are many victims of injustice, human rights and even violations of the law > but unless VICTIMS muster the courage to FIGHT for justice and rights, the injustice and violations continue.
2) In fighting for RIGHTS, sometimes using the COURTS is not the ONLY solution - because there is a FAULT in the enacted law itself > thus what is needed in a change in law or an amendment in law - and this is something that only Parliament can do. In this case, the current law provided for a SPOUSE VISA (for foreign spouses) - but did not provide clearly for a PARENTS VISA for non-Malaysian parent/s of Malaysian Children. LAW REFORM need was highlighted by this case, that MEDIA also carried, but has there been needed LAW REFORM yet - so that rights of MALAYSIAN children are protected?
3) One needed reform, is that FOREIGN SPOUSES of Malaysian citizens of marriages registered in Malaysia, should rightly be given Malaysian Citizenship, or at the very least Permanent Residency(PR) status on the registration of the marriage. The law could provide for a REVIEW of the foreign spouses citizenship or PR status if and when the legal marriage ends - and that a Parents VISA be made available to a foreign spouse if there are Malaysian children and for other reasonable reason.
4) Malaysia quickly makes foreign football players Malaysian citizens - so that they can represent Malaysia in international sports, but more important is the issue of citizenship for foreign spouses, and PARENT VISA for foreigners who are parents of Malaysian children...
5) A criminal ought to be punished > but NOT their innocent CHILDREN or spouses.
6) A question that is still left unanswered was WHY was Romita's huband given a PR Status - were other foreigners also given PR status > was it a strategy to increase the number of Malaysian citizens, since all their children will then be Malaysians? Was the giving of PR and not a citizenship a bad motive of 'loyalty to the government of the day'? I would like that answer...
7) Now, there are many STATELESS in Malaysia > many of these are Malaysians but sadly maybe the birth was not properly registered. Why is it taking TOO LONG to resolve the stateless issue > for if it affects CHILDREN it is certainly not in the BEST INTEREST OF THE CHILD. If there is POLITICAL WILL, I believe that this issue can be speedily resolved > at least a REGISTER of the Stateless > following with the granting of CITIZENSHIP? Now, even foreign children adopted by Malaysians can get citizenship... so why the delay in resolving the issue of STATELESSNESS... ???
8) A growing concern is the LOSS OF FAITH of many to get justice through Malaysian Courts - The other problem is MONEY which denies access to the POOR. The problems with the CRIMINAL Administration of JUSTICE is also a problem. Do we need MORE JUDGES and COURTS so that everyone charged with a crime can have their cases decided within 6 months from the date they were charged?
Once, sitting in a Magistrate Court, I was amazed at the number of people that pleads guilty - In one case, 4 men were charged for gambling, and the evidence submitted was playing cards, and 4 RM10 notes > SUSPICIOUS because it was coins and small change it makes sense, but here 4 RM10 notes... Well, I had the opportunity of speaking to some of these people, and the response was 'shocking' - some said they choose to plead guilty so that at least they can serve whatever sentence and continue with their normal life fast...they said, that if they said they werer NOT Guilty, then they may have to find money for Bail(which many could not afford) which means they will be remanded in prison until their TRIAL is over..and this can be even longer than the maximum sentence >> YES, at present, Malaysian prison population is about 25% of such cases - people waiting for their TRIAL to be completed.. ??? If they are found NOT GUILTY - would this not be an INJUSTICE. JUSTICE DELAYED IS JUSTICE DENIED.
"According to statistics from the Prisons Department as of Sept 26, a total of 27,877 inmates are currently being held on remand while awaiting the conclusion of their court cases. - NST, 6/10/2025
# I have highlighted RELEVANT issues that came out in Romita and 4 Malaysian children's case. (Some say the youngest may not be a Malaysian, because born after PR revoked). Should this child be DEPRTED or should be also accorded a Malaysian citizenship? Malaysians decide on the LAW - and laws can always be improved by Parliament.
Romita can stay for now, says high court
The Kuala Lumpur High Court civil division today granted an interim order that will allow Indonesian Romita Hasibuan to remain in Malaysia until both her law suits against the government are heard.
Her lawyer Charles Hector said Romita's visa would have expired today, but that she can now stay on with her four children until the legal suits are settled.
Romita is married to Abdul Mutalib Taib, who was deported in April on grounds that his permanent residence in Malaysia had been revoked.
She has filed a suit against Immigration Department director-general Mohamed Jamal Kamdi and 13 others, claiming RM28.9 million in damages for allegedly denying the children their rights as enshrined in the UN Convention on the Rights of the Child.
While the authorities contend that only three of the children are Malaysians, Romita argues that all of them have a right to live in Malaysia and to have their parents with them.
The inter-parte hearing is fixed for Oct 26.
Azmi allegedly made the remarks on July 12 during a meeting with Romita, who had sought him out at the Parliament lobby to ask for assistance over the deportation.
Abdul Mutalib had been arrested in 1996 under the Internal Security Act for alleged involvement in forging travel documents in Sabah and was first deported in 1997, after being held under the Internal Security Act at the Kamunting detention camp in Perak.
However, Azmi alleged that Abdul Mutalib had returned to Malaysia using a new Indonesian passport and that he had used forged documents to obtain a Mykad in June 2000.- Malaysiakini, 26/9/2005
Deportees wife faints after minister rejects plea
The wife of deported Indonesian Abdul Mutalib Taib - who is a Malaysian permanent resident - fainted at the Parliament lobby last night after Home Minister Azmi Khalid allegedly told her that her husband was a 'criminal' and rejected her plea to allow him to return.
Romita Hasibuan, together with her four children aged 12 to six, friends and lawyer Charles Hector were in the House yesterday evening to follow the day's proceeding whereby their plight was highlighted by Teresa Kok (DAP-Seputeh) in her adjournment speech.
Responding to Kok's speech, Azmi revealed that the decision to deport Abdul Mutalib stayed due to his involvement in forging travel documents which eventually led to the revocation of his identity card and PR status.
When the sitting ended, Romita took the opportunity to meet the minister at the Parliament lobby and attempted to hand over a memorandum to him.
Contacted today, she quoted Azmi as telling her, "Your husband is a criminal. Your children could be brought back to Indonesia."
Romita then pleaded with the minister several times, saying ' tolong-lah Datuk ', but he ignored this and left without receiving the memorandum.
According to Kok, who accompanied them, Romita finally became conscious at about 11.15pm - about two hours later - and was subsequently discharged from the hospital.
'Undesirable immigrant'
Earlier in the House, Azmi said Abdul Mutalib, a legal PR since 1978, was held under the Internal Security Act (ISA) for two years in 1995 because of involvement in forging identity cards in Sabah.
The home ministry had in 1996 declared him as an 'undesirable immigrant' and revoked his entry permit and identity card. After serving the two-year ISA detention, Abdul Mutalib was deported back to Indonesia in December 1997.
"Since then, he is no longer a PR here and he could not stay in this country," Azmi explained to the House.
"(However), in 1998, Abdul Mutalib re-entered the country with a new Indonesian passport. Using the entry permit documents he has obtained before and forged documents, he was given the MyKad (Malaysian identity card) on June 8, 2000," he added.
Abdul Mutalib's identity card was revoked on March 23 by the National Registration Department (NRD) after he was arrested and held for a month at the Kuala Lumpur International Airport immigration depot. He was subsequently deported to Indonesia on April 29.
The family however has maintained that neither Abdul Mutalib, a legal PR in Malaysia since the 1980s, nor his family members or associates have seen the revocation notice of his PR nor the grounds for the revocation.
Elaborating on Abdul Mutalib's family status, Azmi said Romita could return to Indonesia to be with his husband while the four children would have no problem in following their parents back to Indonesia although they were born in Malaysia.
Implication on studies
"The children could claim to be Indonesian because their parents are Indonesian. The problem of their citizenship as Indonesians will be solved after they return to Indonesia," the minister said.
In her adjournment speech, Kok appealed to the government to allow Abdul Mutalib and his family to continue staying in the country and recognised them as PRs in line with the United Nations Convention on the Rights of the Child which, among others, states that a child should be protected of his or her rights and stresses on the significance of a family institution.
"Thus, the government has to be responsible to protect the rights of the four children who needed the love of their parents," she told the House.
"Their studies will also be affected should they have to move back to Indonesia and they would also be seen as foreigners there," she added.
The Dewan Rakyat adjourned sine die yesterday.- Malaysiakini, 13/7/2005
Plot to ensnare Abdul Mutalib, says spouse of deported PR
Government officials plotted to ensnare and detain recently deported Indonesian permanent resident Abdul Mutalib Taib, claimed his wife Romita Hasibuan.
The so-called 'interview' on March 23 for which they were called after applying for their 12-year old son's identity card a week earlier was merely a ploy to lure Abdul Mutalib into their hands, added the Indonesian housewife.
"The two officers present just told us, 'Your husband is not wanted anymore in Malaysia. He will be sent back to Indonesia, and your children will lose their Malaysian citizenship. These are orders from higher authorities," she added.
"They also asked for the birth certificates of my other three children. The interview was planned just to ensnare my husband and to get hold of my son's birth certificate."
Relating the sequence of events on the day of her husband's arrest and the weeks following, Romita expressed frustration at the fate imposed on her family as if by powers beyond her control or influence.
Repeat nightmare
In fact, Romita said her present predicament seems like a re-play of the nightmare she experienced when Abdul Mutalib was detained under the ISA from mid-1995 to early 1998.
She maintained that the reasons for her husband's detention remain unknown to her and her husband.
"I was in total shock when he was arrested and detained then. I did not know how it could happen to my family and myself. I did not know anything as there were no letters or notices informing us of anything," she said.
"When I used to visit Abdul Mutalib in prison, he would look at me with the same look of pain and bewilderment at being so helpless. He did not know why he was detained. If he was guilty of anything, he would have been brought to court. But he wasn't.
"He merely kept telling me to be patient and to take care of the children. When he was released in early 1998, the children were happy that we were together again., that their father was with them. We felt we could embark on a new beginning.
"Now, that nightmare is repeating. It's happening all over again to my family," she said.
The authorities claimed that Abdul Mutalib's PR was revoked in 1996, subsequent to which the citizenship of two of his children as well as Romita's spousal visa have since become uncertain.
The family has maintained that neither Abdul Mutalib, a legal PR in Malaysia since the 1980s, nor his family members or associates have seen the revocation notice of his PR nor the grounds for the revocation.
After a month's detention at the Kuala Lumpur International Airport immigration depot following his arrest at the NRD, Abdul Mutalib was shown several orders, declarations and notices pertaining to being an 'unwanted immigrant' and the revocation of his entry permit.
The documents furnished clearly included the provision, however, that Abdul Mutalib was entitled to appeal within seven days of being shown the notice.
'Country of my children'
Despite having filed three appeals to the Home Minister and immigration department within the stipulated time, however, Romita learnt last Sunday when she called her relatives in Indonesia that her husband had already been deported two days earlier and was staying with them.
Though the family is seeking to exhaust all avenues of appeal before initiating legal action against those concerned, Romita, though thankful for the support given by family and friends, however felt overwhelmed by the tremendous odds stacked against her.
"We're traumatised. My children are traumatised and I am traumatised by this.
"My children were doing well in school, but it is difficult for them now. Their schoolmates are enquiring, 'Why is your father in the newspapers? Where is he?".
Despite the many difficulties, Romita however remains adamant that the family and their future belong in Malaysia.
"This has always been the country of my children. They feel this is their country, they've grown up here. We all want to remain in Malaysia."- Malaysiakini, 7/5/2005
Romita Hasibuan dakwa diugut pegawai Imigresen
Suhakam akan mendapatkan penjelasan Kementerian Hal Ehwal Dalam Negeri mengapa pegawai Jabatan Imigresen mengugut untuk menangkap dan menghantar pulang wanita Indonesia yang mahu tahu mengapa suaminya dihantar pulang dan tidak dibenarkan masuk lagi ke negara ini.
"Jika kes tersebut tidak boleh diselesaikan, saya akan menemui Menteri Hal-Ehwal Dalam Negeri, Datuk Azmi Khalid untuk mengetahui kedudukan sebenarnya," katanya.
Sebelum itu beliau menerima memorandum dari Romita Hasibuan mengenai tindakan Kementerian Hal Ehwal Dalam Negeri dan Jabatan Imigresen tidak melayan surat rayuannya untuk membenarkan suaminya, Abdul Mutalib Taib kembali semula ke Malaysia.
Katanya, Abdul Mutalib ditangkap oleh Jabatan Pendaftaran Negara (JPN) ketika membuat kad pengenalan anaknya di Putrajaya pada 23 Mac lalu dan seterusnya dihantar pulang ke Indonesia pada 22 April lalu.
Bagaimanapun, sebelum itu beliau telah ditahan di Depot Jabatan Imigresen di Lapangan Terbang Antarabangsa Kuala Lumpur (KLIA) selama sebulan dan taraf penduduk tetapnya ditarik balik.
Romita menulis lima surat rayuan kepada Azmi dan Ketua Pengarah Jabatan Imigresen Datuk Mohd Jamal Kamdi untuk mendapatkan penjelasan mengapa Abdul Mutalib ditangkap tetapi tidak dilayan.
Alasan tidak munasabah
Jabatan Imigresen menghantar surat jawapan kepada Romita pada 22 April lalu yang menolak permohonan tersebut dengan alasan `Abdul Mutalib adalah pendatang yang tidak dikehendaki'.
Menurut Hamdan, Suhakam memandang berat perkara tersebut kerana ia merupakan pelanggaran hak seseorang individu dengan alasan yang tidak munasabah serta untuk menakutkan mereka.
"Perbuatan ini sangat serius dan tidak bermoral...ia tidak boleh dibiarkan kerana ia menjatuhkan imej negara di kalangan masyarakat antarabangsa," katanya kepada wartawan selepas menerima memorandum tersebut.
Hamdan berkata, meskipun Romita merupakan seorang warganegara Indonesia tetapi anak-anaknya memegang kerakyatan negara ini.
"Adalah merupakan satu kezaliman apabila cuba memisahkan anak-anak dengan ibu mereka setelah bapa mereka ditangkap dan dihantar pulang," katanya.
Beliau berkata, Romita perlu mendapat layanan yang adil kerana beliau bukan penjenayah dan kerajaan tidak pernah mendakwa beliau sebagai penjenayah.
Perlu baharui visa
Dalam aduannya kepada Hamdan, Romita mendakwa, lima surat rayuan kepada Jabatan Imigresen dan Kementerian Dalam Negeri sejak dua bulan lalu tidak mendapat sebarang jawapan.
Bagaimanapun, katanya, pada 5 Mei lalu, Pejabat Perdana Menteri telah menghantar satu surat kepadanya dengan mengatakan `kes ini telah dibawa untuk pengetahuan Menteri Hal Ehwal Dalam Negeri'.
"Visa saya akan tamat September ini dan tanpa suami, ia tidak boleh diperbaharui kerana pembaharuan visa terpaksa dibuat oleh suami warga negara atau penduduk tetap," katanya.
Romita mendakwa, beliau cuba membuat permohonan untuk mendapatkan permit masuk dan taraf penduduk tetap, tetapi Jabatan Imigresen enggan menerima permohonan beliau.
Bagaimanapun, permohonannya untuk terus tinggal di negara ini mendapat sokongan daripada 6,517 individu di mana tandatangan mereka akan dihantar kepada Abdullah, Azmi dan Suhakam.- Malaysiakini, 16/6/2005
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