Dilemma of Dual Citizenship Issues in Indonesia: A Legal and Political Perspective

Salim, Andi Agus; Anggriawan, Rizaldy; Arumbinang, Mohammad Hazyar

doi:10.15294/jils.v7i1.53503

Cited by 6 publications

(5 citation statements)

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“…Being morally and legally a subject is related to being a person or individual. 11 Therefore, it is important to determine what it means to be a person. It requires the existence of criteria such as self-consciousness, will, sense of responsibility, freedom of movement, complex thinking, communication ability, capability of realizing life purpose, and ability to live in society.…”

Section: Recognition Approaches To the Ethical And Legal Status Of Ar...mentioning

confidence: 99%

Unveiling Ethical Implications: AI Robot Accountability in Islamic Context

Hamsin,

Anggriawan,

Jiatrahman

2023

JMH

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The world is currently experiencing what is known as industry 4.0, a fusion of business and IT where robots and other forms of artificial intelligence are massively utilized. The fact that robots are now a regular part of people's lives raises novel liability issues. The research aims to address the questions whether artificial intelligence robots can be accepted as ethical and legal subjects in Islamic perspective. It also considers whether it is necessary to grant legal personality to robots and hold them liable for their decisions and conducts. The research is doctrinal legal research where the analysis was presented within the context of Islamic viewpoints in a descriptive-structured way. The result demonstrates that robots with artificial intelligence fall under the definition of jamadat. No matter how sophisticated, an artificial intelligence cannot have a biological vitality. Therefore, only humans have the potential to possess rights and be held liable for their actions. Robotic artificial intelligence systems lack the capacity to be regarded as responsible entities in this sense, to inflict legal sanctions on activities that are the result of algorithms, and to be held accountable for both civil and criminal offenses.

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Section: Recognition Approaches To the Ethical And Legal Status Of Ar...mentioning

confidence: 99%

Unveiling Ethical Implications: AI Robot Accountability in Islamic Context

Hamsin,

Anggriawan,

Jiatrahman

2023

JMH

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“…Comprehensive arrangements already exist in the Republic of Indonesia's Constitution regarding the Presidential Election as stated in Article 6A paragraphs (1) to ( 5), which consist of the election mechanism, nominations, elections in the first and second rounds, terms of the election, and the procession for the inauguration of the elected President and Vice-President candidates. [5,6] However, this arrangement creates a loophole in Article 6A paragraph (5) which states that the procedure for implementing the next presidential election will be regulated in law (Act).…”

Section: Presidential Threshold Regulation DI Indonesiamentioning

confidence: 99%

Comparison of Threshold Provisions for Presidential Candidacy in Indonesia and Turkey

Nugroho¹,

Sudarsono²,

Istislam³

et al. 2022

Proceedings of the International Conference on Sustainable Innovation on Humanities, Education, and Social Sciences (ICOSI-HESS

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In Indonesia, there is a nomination threshold often referred to as the Presidential Threshold in the mechanism to nominate a President and his/her Vice-President in the Election of the President. The stipulation of the threshold as a condition for Political Parties to nominate pairs of President and Vice President candidates in the General Election is 20% of the votes or 25% of the seats in the Representative House in the previous legislative elections. This arrangement caused controversy because it limited the rights of political parties as eligible election participants in nominating candidates for the presidential position. It also ignored political parties' constitutional rights. The threshold requirement for presidential candidacy is also known in Turkey. Turkey is the only country that the author found where the presidential nomination system uses a threshold requirement. However, the presidential nomination threshold in Turkey is only 5% or 100,000 voters from the previous parliamentary elections. Presidential elections in Turkey are carried out simultaneously between the legislative and presidential elections and apply a two-round system like in Indonesia. Therefore, the threshold for the presidential nomination in Indonesia needs to be reduced and even removed to not restrict political parties from proposing candidate pairs for the position of President and Vice.

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“…It is common for Indonesian court decisions to be different from one another since Indonesia does not recognize the binding force of precedent [8,9]. However, for the sake of protection of girl's legal rights and efforts to end child marriage, judges must consistently limit the reasons in granting marriage dispensation.…”

Section: Disparity Between Judges' Legal Reasoning In Granting or Rej...mentioning

confidence: 99%

Disparity in Judges’ Legal Reasoning on Marriage Dispensation Regarding Minimum Marriage Age: Indonesian Experience

Anie¹,

Herliana²

2022

Proceedings of the International Conference on Sustainable Innovation on Humanities, Education, and Social Sciences (ICOSI-HESS

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This article identified and analyzed the disparity of judges' legal reasoning in granting a marriage dispensation application in respect to the minimum marriage age in Indonesia. This study indicated that amendment to the Marriage Law which increases the marriageable age of women did not necessarily reduce the number of child marriage. On the other hand, such change increased the number of marriage dispensation applications. The legal reasoning applied by judges in examining such applications varied. This research showed that a judge's ability to interpret the law and the condition of the prospective bride and groom when the application was submitted played an important role in the decision making. The disparity between decisions can affect legal certainty for justice seekers and will be detrimental for law enforcement. To overcome those problems, Indonesia needs regulation which clearly stipulates under what condition the minimum age requirement can be set aside.

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Dilemma of Dual Citizenship Issues in Indonesia: A Legal and Political Perspective

Cited by 6 publications

References 0 publications

Unveiling Ethical Implications: AI Robot Accountability in Islamic Context

Unveiling Ethical Implications: AI Robot Accountability in Islamic Context

Comparison of Threshold Provisions for Presidential Candidacy in Indonesia and Turkey

Disparity in Judges’ Legal Reasoning on Marriage Dispensation Regarding Minimum Marriage Age: Indonesian Experience

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