Kewarganegaraan - Warga Negara dan Kewarganegaraan: Dian Kus Pratiwi, S.H., M.H (Komunikita Eps. 57)

Summary

This video script provides an in-depth explanation of Indonesian citizenship and nationality, outlining the distinction between citizenship and residency. It covers the four main principles of nationality: **Ius Sanguinis** (based on descent), **Ius Soli** (based on birthplace), **single nationality**, and **dual nationality** (limited). The script also discusses the naturalization process for foreign nationals and the conditions under which Indonesian citizenship can be lost. Furthermore, it highlights the reciprocal relationship between citizens and the state, emphasizing both rights and responsibilities. The content is a comprehensive guide to understanding Indonesian laws on citizenship.

Takeaways

• 😀 Citizenship is a fundamental component of a nation, involving the relationship between individuals and the state, including rights and responsibilities.
• 😀 The terms 'warga negara' (citizen) and 'penduduk' (population) differ, where citizens are tied to their country by law, while residents may not be citizens.
• 😀 There are four main principles of Indonesian citizenship: Ius Sanguinis (right of blood), Ius Soli (right of soil), Single Nationality, and Dual Nationality under specific conditions.
• 😀 Ius Sanguinis (Right of Blood) grants citizenship based on descent, meaning a person inherits citizenship from their parents, irrespective of birthplace.
• 😀 Ius Soli (Right of Soil) grants citizenship based on birth in a country, but in Indonesia, this is more limited and generally applies to children born on Indonesian soil under specific circumstances.
• 😀 Indonesian citizenship law emphasizes Single Nationality (Kewarganegaraan Tunggal), where individuals are expected to hold only one nationality.
• 😀 Dual Nationality (Kewarganegaraan Ganda Terbatas) can apply under certain conditions, especially for children born to foreign parents, but it is restricted.
• 😀 Naturalization is the process by which a foreigner can become an Indonesian citizen, requiring residency, language proficiency, and an understanding of Indonesian laws and national ideology (Pancasila).
• 😀 To acquire Indonesian citizenship through naturalization, applicants must meet several requirements, including being 18 years old, living in Indonesia for a specified period, being healthy, and not having a criminal record.
• 😀 A person can lose Indonesian citizenship if they voluntarily acquire another nationality, serve in a foreign military, or engage in other activities like joining a foreign government without approval.
• 😀 The relationship between citizenship and the state involves both rights (protection, participation in government) and obligations (following laws, contributing to national development).

Q & A

What is the main topic discussed in the transcript?

The main topic discussed is citizenship and nationality in Indonesia, including the principles of citizenship, naturalization, and the legal framework for acquiring or losing Indonesian citizenship.

What is the difference between 'warga negara' and 'penduduk' in the context of Indonesia?

'Warga negara' refers to a citizen with a permanent legal relationship to the country, while 'penduduk' refers to a resident, who may live in Indonesia temporarily and does not have the same legal bond with the state as citizens.

What are the four main principles of citizenship under Indonesian law?

The four main principles of Indonesian citizenship law are Ius Sanguinis (citizenship by descent), Ius Soli (citizenship by birth in the country), single citizenship, and limited dual citizenship for children born of mixed-nationality parents.

How does the principle of Ius Sanguinis work in Indonesia?

Under the Ius Sanguinis principle, Indonesian citizenship is determined by the nationality or descent of the parents, rather than the place of birth.

What is the role of Ius Soli in Indonesian citizenship law?

Ius Soli grants Indonesian citizenship to children born in Indonesia under specific conditions, particularly when the child is born to foreign parents under certain legal frameworks.

What are the main conditions for naturalization as an Indonesian citizen?

The main conditions for naturalization are being at least 18 years old (or married), residing in Indonesia for at least 5 consecutive years or 10 non-consecutive years, being in good health, speaking Indonesian, acknowledging Pancasila and the Constitution, not having a criminal record, and having a steady income.

What happens when an Indonesian citizen acquires another nationality?

An Indonesian citizen may lose their Indonesian citizenship if they voluntarily acquire another nationality, as Indonesia generally follows the principle of single citizenship.

How can an individual lose their Indonesian citizenship?

An individual may lose Indonesian citizenship by acquiring another nationality voluntarily, serving in a foreign military without permission, taking an oath of allegiance to a foreign state, or being absent from Indonesia for five consecutive years without expressing intent to remain an Indonesian citizen.

What rights and duties do Indonesian citizens have?

Indonesian citizens have the right to protection by the state, to vote, and to access services like education and health. They also have the duty to follow laws, pay taxes, and defend the nation if required.

What is the process for applying for Indonesian citizenship through naturalization?

The process involves submitting a written application in Indonesian to the President via the Ministry of Law and Human Rights, fulfilling the required conditions, and receiving approval through a Presidential Decree.