The Arrangement of Dual Citizenship of the Indonesian Diaspora: A Legal and Human Rights Perspective

Abstract

Globalization has implications for the Indonesian diaspora in various parts of the world. Indonesian diaspora groups are aggressively fighting for their citizenship status in order to have dual citizenship. Law No. 12 of 2006 concerning Citizenship of the Republic of Indonesia has not regulated dual citizenship status for the Indonesian diaspora. The purpose of the study is to identify and analyze the dual citizenship position of the Indonesian diaspora in the Indonesian Citizenship Law. The research method used is normative legal research. The study suggested that citizenship status is very important because it relates to issues of rights and obligations. The bipartite status provides the protection and identity of the two countries. However, it is not the time to grant unlimited dual citizenship status because first, it needs an in-depth study of the implications of social, economic, cultural, political, security, and legal aspects as well as changes to the relevant related laws and regulations.

A Legal Certainty of Dual Citizenship for Possession of Land

“…However, in the General Elucidation of Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia (from now on referred to as the Citizenship Law), it is stated that dual citizenship (bipatride) owned by children from mixed marriages is a form of exception called the principle of limited dual citizenship. Marriage between Indonesian citizens and foreign nationals (from now on referred to as WNA) or what is often referred to as mixed marriage is regulated in the provisions of Article 56 paragraph (1) of Law Number 1 of 1974 concerning marriage as amended by Law Number 16 of 2019 concerning Changes Based on Law Number 1 of 1974 concerning marriage (from now on referred to as the Marriage Law) that "a marriage carried out by two people, one of whom is an Indonesian citizen, is valid if it is carried out based on the applicable law where the marriage took place, and does not violate the provisions of this law" (Nurmawati & Suantra, 2020). Thus, a mixed marriage is valid as long as the parties have carried out the wedding registration as stipulated by applicable law so that the marriage is valid with all the legal consequences.…”

Dynamics of Indonesia's Population Regulation in the Child Identity Card Policy

“…Children Rights and the Age Limit: The Ruling of The Indonesian Constitutional Court. Kertha Patrika, 40(2), 61-70.47 Nurmawati, M. (2022). Stateless Person In Indonesia: Consequences and Legal Protection.…”