Highlight Hukum Perdata Internasional "Kewarganegaraan"

Summary

This video explores the intricacies of Indonesian citizenship law, particularly concerning mixed marriages. The speaker delves into the historical evolution of citizenship laws, focusing on key regulations from the 1946 Citizenship Law to the current 2006 law. Emphasis is placed on the principles of Ius Soli (right of the soil) and Ius Sanguinis (right of blood) in determining citizenship. The video also covers provisions regarding dual citizenship for children born from mixed marriages, the process for acquiring Indonesian citizenship, and the impact of international agreements on citizenship. Overall, it offers a detailed analysis of Indonesia's approach to citizenship in a global context.

Takeaways

• 😀 The topic of the video is about Indonesian citizenship laws, particularly in relation to mixed marriages.
• 😀 The speaker references multiple books and sources, including works by Prof. Sulfa Jokowi-Basuki and a module from Universitas Terbuka on international civil law.
• 😀 In the past, Indonesia's citizenship law was based on the Ius Soli (right of the soil) principle, but later incorporated the Ius Sanguinis (right of blood) principle.
• 😀 Law No. 3 of 1946 introduced the first formal Indonesian citizenship law, and it underwent multiple amendments over time.
• 😀 Law No. 62 of 1958 shifted the focus to include both Ius Soli and Ius Sanguinis, defining Indonesian citizenship for children based on the nationality of their parents.
• 😀 Law No. 12 of 2006, the current law, introduced four main principles: Ius Sanguinis, Ius Soli, single citizenship, and limited dual citizenship.
• 😀 The law states that dual citizenship is not typically allowed, but there are exceptions, especially for children born from mixed marriages.
• 😀 For children born in mixed marriages, dual citizenship can be held until they turn 18, after which they must choose one nationality.
• 😀 The process for children with dual citizenship is to register with Indonesian authorities and choose between Indonesian or foreign nationality before turning 18.
• 😀 Foreign nationals marrying Indonesian citizens can acquire Indonesian citizenship without going through naturalization if they live in Indonesia for 5 consecutive years or 10 non-consecutive years, but only if it doesn't result in dual citizenship.
• 😀 The new law makes it easier for foreign nationals to gain Indonesian citizenship in cases where previous laws required a more complicated process of naturalization.

Q & A

What is the primary topic discussed in the video?

The video discusses issues related to citizenship arising from mixed marriages, particularly focusing on Indonesian nationality law and its evolution over time.

What are the key sources mentioned for understanding the topic of citizenship in the video?

The speaker refers to three key sources: a book by Professor Sulfa Jokowi-Basuki on mixed marriages, his latest book on international law, and a module from Universitas Terbuka on international civil law.

Which laws were initially referenced in the development of Indonesian nationality law?

The early laws referenced are Law No. 3 of 1946, followed by several amendments and Law No. 62 of 1958, which focused on citizenship and included provisions related to dual nationality.

What principle did Law No. 3 of 1946 primarily follow?

Law No. 3 of 1946 primarily followed the principle of 'Ius Soli' (right of the soil), which granted Indonesian nationality based on the location of birth.

What principle was introduced in Law No. 62 of 1958?

Law No. 62 of 1958 introduced the principle of 'Ius Sanguinis' (right of blood), which granted Indonesian nationality based on the legal relationship with a parent who was an Indonesian citizen.

How long did Law No. 62 of 1958 remain in effect?

Law No. 62 of 1958 remained in effect for 48 years before being replaced by Law No. 12 of 2006, which introduced a new framework for Indonesian citizenship.

What are the four principles of citizenship outlined in Law No. 12 of 2006?

The four principles of citizenship outlined in Law No. 12 of 2006 are: Ius Sanguinis, Ius Soli, single nationality, and limited dual nationality for children born from mixed marriages.

What is the main difference between Law No. 12 of 2006 and previous citizenship laws regarding dual nationality?

Law No. 12 of 2006 allows for limited dual nationality, specifically for children born from mixed marriages, whereas previous laws did not accommodate dual nationality.

How does Law No. 12 of 2006 handle children born from mixed marriages?

Children born from mixed marriages are allowed to hold dual nationality until they turn 18 or get married. After that, they must choose between Indonesian citizenship or foreign citizenship within three years of turning 18.

What provisions are in place for foreign nationals who marry an Indonesian citizen?

Foreign nationals marrying an Indonesian citizen can become Indonesian citizens without undergoing naturalization if they have lived in Indonesia for five consecutive years or ten non-consecutive years.