Indonesian Citizen

CHAPTER I

INTRODUCTION

A.    Background

People as an element for the formation of a country, in addition to the region element and  government element. A country will not be formed without the presence of the people, although having a territory and sovereign governments. People who live in the territory of athe state become resident of the country concerned. Citizens are part of the population of a country. Citizens have a relationship with his country. Position as a citizen have rights and obligations which are reciprocal. Every citizen has the right and duty to his country. Instead the state also has the rights and obligation to its citizens.

Indonesia also must have citizens. citizen was very important position. he became a supporting element for Indonesia. but in their daily life, still there are problems on the population. Therefore, residents must be citizens of the country concerned in order to have a clear legal protection of it.

B.     Limitation

·         Definition of citizen

·         Principle of citizenship

·         Indonesian citizen

·         Requirements and procedures for acquiring citizenship of the Republic of Indonesia

·         Loss of Indonesian citizen

C.    Purpose

·         In order to know defenition of citizen

·         In order to understand about principle of citizenship

·         In order to know who are Indonesian citizen

·   In order to understand requirements and procedures for acquiring citizenship of the Republic of Indonesia

·         In order to know how loss of Indonesian citizen

CHAPTER II

CONTENTS

A.    Definition of citizen

Citizen consists of two words, they are the resident and the state. On (Husin, 2012: 26) Residents are people, supporters, or members of an association or organization.

On (Sinaga dkk, 2013: 60) Some defenition about state:

·         According to longemann, state is a community organization that purpose with its power regulate and organize some community.

·    For Max Weber, state is an association that has monopoly on use phsycal force legitimately in a region.

·      According Max Iver, state is communities in a region with base on a legal system that organized by a government for that purpose given force power.

·   For Soltau, state is a tool or authority that control issues together on behalf on the community.

So, from that definition about resident and state, we can conclude that citizen is people, supporters, or members of an particular organization, that is state. On (Budiyanto, 2006: 129) citizen is they are base on certain legal are members of a state, with citizenship status of native citizen or citizen of foreign descent.

Indonesian Citizens are  native  Indonesian  people and other nationalities  whom are  formally legalized under law as citizens of the Republic of Indonesia. Antonym of citizen is non-citizens. Non-citizen is they are on the state but legally not a member of concern state, but obey to government where they are.

B.     Principle of Citizenship

On (Budiyanto, 2006: 130) Broadly speaking, nationality law is based either on ius soli or ius sanguinis.

·    Ius soli (the law of the soil) is the principle according to where a child born within a country's territorial jurisdiction.

Example: someone that birth in A state, he/she will be A citizen, although her/his parents are B citizen

·      Ius sanguinis (the law of the blood) is the principle according to the nationality of his or her parents.

Example: someone that birth in A state, but his/her parents are B citizen, so that person will be B citizen.

On (Husin, 2012: 29) The principles of citizen that adopted in the Law of the Republic of Indonesia Number 12, Year 2006:

·      Ius sanguinis (the law of the blood) is the principle according to the nationality of his or her parents.

·    Ius soli (the law of the soil) is the principle according to where a child born within a country's territorial jurisdiction.

·         Principle of single citizenship is principle that determine one citizenship for everyone.

·     Principle of limited dual citizen is principle that determine dual citizenship for children according to regulate provisions in this law of the Republic of Indonesia.

On (Kansil, 2002: 11) In determining citizenship, use two system of citizenships, they are active system and passive system.

·         Active system, person must do spesific legal actions actively to be a citizen.

·         Passive system, person naturally deem to be a citizen without do spesific legal actions.

On (Kansil, 2002: 11) Associated with the stelsel, a person in a country have option rights and repudiation rights.

·         Option rights: the rights to choose a nationality (in the active stelsel).

·         Repudiation rights: the rights to reject a nationality (in stelsel passive).

Law of the Republic of Indonesia Number 12, Year 2006 basically does not recognize dual citizenship (bipatride) or stateless (apatride).

C.    Indonesian citizen

On (The Law of the Republic of Indonesia Number 12, Year 2006) A Citizen of Republic of Indonesian is:

·  All persons whom by law and/or based on agreements between the Government of the Republic of Indonesia and other countries prior to the application of this Decree have already become Citizens of the Republic of Indonesia

·         A child from a legal marriage whose parents are Indonesian citizens

·      A child from a legal marriage whose father is an Indonesian citizen and mother is a foreign citizen

·     A child from a legal marriage whose mother is an Indonesian citizen and father is a foreign citizen

·       A child from a legal marriage whose mother is an Indonesian citizen and father is stateless or whose nationality law does not give citizenship to offspring

·         A child from a legal marriage born within 300 days after the father's death and the father was an Indonesian citizen at the time of death

·         A child from an illegal marriage whose mother is an Indonesian citizen

·     A child from an illegal marriage whose mother is a foreign citizen but the father is an Indonesian citizen and recognizes the child as his child before the child turns 18 or is married

·         A child born in Indonesian territory whose parent's citizenship status is unknown

·    A newly born child found in Indonesian territory as long as the father and mother are unknown

·         A child born in Indonesian territory if the parents are stateless or cannot be found

·    A child born outside of Indonesian territory from parents are Indonesian citizens and, because of the law where the child was born, the child was granted another citizenship

·         A child from whose father or mother was already granted Indonesian citizenship but died before taking an oath of allegiance

D.    Requirements and Procedures for Acquiring Citizenship of the Republic of Indonesia

On (Budiyanto, 2006: 138) Requests for naturalization may be forwarded  by the  applicant  upon meeting  the  fol owing requirements: 

·         Aged 18 (eighteen) or married; 

·       At the time of forwarding the application, the applicant has resided in Indonesia territory for at least five consecutive or at least ten years intermintently

·         Physically and mentally healthy

·  Able to speak Bahasa Indonesia and acknowledges the state basic principles of Pancasila and the 1945 Constitution

·         Was never legally prosecuted due to acts of crime and sentenced jail for one year or more

·         If having Indonesian citizenship, will not become dual citizenship

·         Employed and/or has a steady income

·         Pay a naturalization fee to the Government Treasury

On (Budiyanto, 2006: 138-139) Procedures for Acquiring Citizenship of the Republic of Indonesia:

·     Applications  for naturalization should  be forwarded  in  Indonesia  in writing  by the applicant using Bahasa  Indonesia, on paper affixed with sufficient  duty stamp and adressed to the President of Republic of Indonesia through the Minister, forwarded to the official

·  The Minister shal relay the applications as mentioned in Article 10 with his/her recommendations  to the President within 3 (three) months since the application is received.

·  Requests for naturalization are charged a certain fee that administered through a Government Regulation

·   The President shall grant or reject requests for naturalization determined through a Presidential Decree at the  most 3  (three) months since  the  application is received by the  Minister and wil be informed to the applicants within 14 (fourteen) days since the Presidential Decree is issued. 

·        Rejection of naturalization must be supported by reasons and informed by the Minister to the  incumbent at the most within 3 (three) months since the application was received by the Minister.

·       The  Presidential Decree granting  naturalization shal become  efective  upon the  date the  applicant has declared their Oath or has Sworn Al egiance.

· At the most 3 (three) months since the Presidential Decree is sent to the applicant, the Official shall  call the applicant to Swear their Allegiance

·  If after receiving a writen summons from the Oficial to be sworn in or declare allegiance the applicant  fails to show  up  without  legible  reasons  within the  al oted  time, the  Presidential Decree is therefore be annuled by law.

·    Should the applicant be unable to declare their alegiance within the aloted time due to faults of the Oficial,  the  applicant  may be sworn in or declare their al egiance  in front  of another Oficial as mandated by the Minister.

·   Declaration of Sworn Allegiance shall be carried out in front of an Official and The Official shall provide a report on the implementation of the  swearing in or declaration of sworn allegiance.

·         Within 14 (fourteen) days since  the  date of sworn al egiance, the  Official will submit  a report  on the  swearing  in  ceremony or declaration of sworn allegiance to the Minister.

·     After the declaration of al egiance, the applicant  is required to submit documents or immigration  papers in his/her name to the Immigration Office within 14 (fourteen) work days since the date of swearing in or declaration of allegiance.

·    Copies of the Presidential Decree on naturalization and report on the declaration of alegiance ceremony from the Oficial becomes legal proof of Indonesian Citizenship  for a  person who  has been granted citizenship.

·   The Minister shall annouunce the names of people who have received citizeship  within the Government Newsleter of the Rep. of Indonesia.

E.     Loss of Indonesian Citizen

On (Husin, 2012: 33) An Indonesian citizen will lose their citizenship due to the folowing:

·         A person over the age of 18 obtains another citizenship by his/her own will

·         A person does not reject or release another citizenship even he/she has the opportunity to do so

·       A person renounces Indonesian citizenship to the President of Indonesia on his/her own will with the provision that he/she is already 18 years old or married, is staying in a foreign country, and is not stateless if he/she loses Indonesian citizenship

·         A person joins a foreign military without the President's permission

·         A person voluntarily taking another country's oath of allegiance

·       A person has a valid passport or other passport-like documents from a foreign country as proof of citizenship

·         Ataying outside Indonesian territory for 5 consecutive years, not stating the will to stay as Indonesian citizen before the 5 year period is over, and not reporting every 5 years to a representative of the Indonesian government

·         A person voluntarily swear or promise faithfully to another country

·    A person does not require but participate in election about constitutional for another country

CHAPTER III

CONCLUSION

Citizen is they are base on certain legal are members of a state, with citizenship status of native citizen or citizen of foreign descent. Indonesian Citizens are  native  Indonesian  people and other nationalities  whom are  formally legalized under law as citizens of the Republic of Indonesia. Citizens are the ones who by law or official is a member of a particular country. They give allegiance to the country, receiving protection from it, and enjoy the right to participate in the political process.

Citizenship has resulted in the affinity of law and subject to the laws of the country concerned. Citizenship law produces a result that is the rights and obligations of citizens and the state. So a state, actually Indonesia must set citizenship well. All of population in Indonesia must be clear about citizenship. They must have a citizen to protect their.

BIBLIOGRAPHY

Budiyanto. 2006. Pendidikan Kewarganegaraan untuk SMA Kelas X. Jakarta: Erlangga.

Husin, Suady. 2012. Ilmu Kewarganegaraan Civics. Medan

Kansil, CST. 2002. Hukum Kewarganegaraan Indonesia. Jakarta: Sinar Grafika.

Sinaga, Osbert dkk. 2013. Pendidikan Kewarganegaraan. Medan: Unimed Press.

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