LOSS OF INDONESIAN CITIZENSHIP BASED ON ARTICLE 23 I OF LAW NO 12 OF 2006

LOSS OF INDONESIAN CITIZENSHIP BASED ON ARTICLE 23 I OF LAW NO 12 OF 2006

By

I Nengah Suantra

Preliminary

Loss of citizenship became hot news when Gloria Natapraja Hamel was canceled as a member of the PASKIBRAKA team because he had a French passport so he was declared to have lost Indonesian citizenship.[1] Then, Arcandra Tahar suffered the same fate because he had United States citizenship because he had taken an oat of allegiance to the United States of America.[2] Most recently, Orient Riwu Kore lost Indonesian citizenship because he had an American passport without relinquishing his Indonesian citizenship status.[3] Previously, Benny Wenda, a pro-Papuan independence activist, was declared not an Indonesian citizen because he was a British citizen.[4] During the New Order era, as a result of the victims of the events of September 30, 1965; Ibrahim Isa, Chalik Hamid, AM Hanafi, Tom Iljas, and Sarmadji are Indonesian citizens whose citizenship was revoked so that they live abroad. In fact, the number of Indonesian citizens who have lost more than 100 people, including Indonesian students in Eastern and Western Europe.[5] In fact, 600 Indonesian citizens who became foreign terrorist fighters (FTF) and were affiliated to ISIS lost their Indonesian citizenship.[6]

Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia regulates the loss of Indonesian citizenship in Article 23. However, the qualification for losing citizenship has its own character, and some can even be excluded. That is why it is relevant to study the requirements for losing citizenship in Article 23 letter i of the Citizenship Law.

Factors that cause Indonesian citizens to lose their citizenship

In general there are three ways to lose citizenship: Renunciation (voluntarily relinquish one's citizenship status); Termination (termination of citizenship status because it has another nationality); Deprivation (dismissal of citizenship status by the government because it is proven disloyal or betrayal to the State and the Constitution.[7] Indonesian citizens residing abroad can lose their citizenship due to: negligence/intentional abandonment to obtain another nationality (eg Archandra Tahar case), not reporting for more than 5 years abroad, absence of Indonesian resident documents. Also the legal factor, namely the formulation of norms is not clear, for example the word "by itself" in Article 23 and Government Regulation Number 2 of 2007, and Article 26 forces Indonesian citizens to lose their citizenship, not giving them the opportunity to vote. Whereas choosing citizenship is a human right as stipulated in the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, Convention of The Nationality of Marriage Women, Women Convention; 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999, and so on.

In Law Number 12 of 2006 there are 3 articles that regulate the loss of Indonesian citizenship, namely: Article 23 a – i, this is a general provision regarding the loss of Indonesian citizenship. Article 26 paragraphs (1) – (4), loses Indonesian citizenship due to mixed marriages. Finally, Article 28, regarding the cancellation of Indonesian citizenship obtained because of false or falsified, untrue, or wrong information about the person.

Requirements for Loss of Indonesian Citizenship in Article 23 letter i

Article 23 i shows the factors causing the loss of Indonesian citizenship, namely: residing outside the territory of the Republic of Indonesia for 5 years continuously. However, there are requirements, namely:

a.      not within the framework of the State service. This means that Indonesian citizens who live abroad for 5 consecutive years but do not carry out their duties from the State, but rather have personal duties such as Indonesian Migrant Workers (TKI) will lose their citizenship.

b.      without valid reason. Likewise, Indonesian citizens who live abroad for 5 consecutive years for reasons that are not clear or for no reason, will certainly lose their citizenship.

c.       deliberately does not express his desire to remain an Indonesian citizen before the 5-year period ends, and every 5 years the person concerned does not submit a statement that he wants to remain an Indonesian citizen. This means that an Indonesian citizen who has lived in a foreign country for 5 years continuously but is not in a state service and there is no reason not to lose his citizenship if he reports his desire to remain an Indonesian citizen before the 5 year period ends. If you don't, you will lose your Indonesian citizenship.

Article 23i does not apply to Indonesian citizens who are in conditions beyond their capabilities. For example: there is no passport that limits their mobility (eg migrant workers), does not receive notification, and their place of residence is far from the representative office of the Republic of Indonesia. This provision does not apply to the FTF who intentionally burned his passport.

The State's Responsibility Towards Indonesian Citizens Who Lost Their Citizenship

The State's responsibility in the event of loss of citizenship is realized by returning the citizenship concerned as a fulfillment of human rights. Article 28 D paragraph (4) of the 1945 Constitution of the Republic of Indonesia determines that citizenship status is the right of everyone. Therefore, the State is responsible for fulfilling the right to citizenship for its citizens. The return of citizenship status is also relevant to population administration. The Law Number 23 of 2006 determines the importance of a person having a Population Identification Number (NIK) and an Identity Card (KTP). Article 13 paragraph (1) of Law Number 23 of 2006 firmly stipulates that "Every resident is required to have a NIK". The NIK and KTP can only be processed if the citizenship status is clear. As a consequence of the absence of a NIK and KTP, a person's existence is limited by Law Number 6 of 2011.

State responsibility is needed to minimize Indonesian citizens losing their citizenship. Therefore, State Representatives actively record and provide information to Indonesian citizens in their territory to report their whereabouts and wishes. In addition, it is also obligatory to socialize government policies related to citizenship. Protection is provided both preventively and repressively. There are various forms of legal protection that can be provided depending on the rights each citizen has.

Conclusion

Indonesian citizens living abroad can lose their citizenship if they fulfill the provisions of the Citizenship Law and Government Regulation Number 2 of 2007. There are 10 factors that cause the loss of Indonesian citizenship. However, Article 23i stipulates that there are 3 cumulative conditions as a factor in losing Indonesian citizenship. The state is obliged to protect Indonesian citizens in foreign countries and is responsible for Indonesian citizens who lose their citizenship. Having citizenship is a constitutionally guaranteed human right.