Asas-asas Kewarganegaraan

Summary

This video discusses the concept of Indonesian citizenship, explaining key principles like Ius Sanguinis (citizenship by descent) and Ius Soli (citizenship by birthplace). It outlines how these principles shape the rights and obligations of Indonesian citizens, both within the country and abroad. The script explores various legal nuances, such as dual citizenship, which is allowed in certain cases but requires individuals to choose one nationality by the age of 18. The video also touches on national interests, equality before the law, and human rights, reflecting Indonesia's evolving stance on global citizenship and international relations.

Takeaways

• 😀 The nationality system in Indonesia is governed by laws that determine who can be considered a citizen with specific rights and obligations.
• 😀 The Indonesian Nationality Law (Law No. 12/2006) provides the basis for determining nationality, including individuals born abroad.
• 😀 Indonesia recognizes two main principles for nationality: Ius Sanguinis (based on descent) and Ius Soli (based on birthplace).
• 😀 Ius Sanguinis allows children born to Indonesian parents, regardless of the country of birth, to have Indonesian nationality.
• 😀 Ius Soli is applicable in certain cases, where a child born in Indonesia without known nationality or whose parents' nationality is unclear can automatically acquire Indonesian nationality.
• 😀 Indonesia generally does not recognize dual nationality, but allows limited cases where children may have dual nationality, particularly when born in countries that recognize Ius Soli.
• 😀 Dual nationality for children is allowed, but when they reach adulthood (18 years), they must choose one nationality, either Indonesian or that of the country of birth.
• 😀 Failure to choose one nationality by the age of 18 can lead to the loss of Indonesian citizenship as it conflicts with the principle of single nationality.
• 😀 The principles of nationality are designed to ensure the protection of human rights, especially for children born abroad or in countries with differing nationality laws.
• 😀 Indonesia’s legal framework adapts to global developments, recognizing the importance of international relations and the need to protect citizens in a globalized world.

Q & A

What is the main focus of the discussion in the transcript?

The discussion focuses on the principles of Indonesian nationality, particularly the laws and principles that govern who can be considered a citizen of Indonesia and the rights and responsibilities that come with citizenship.

What are the two main principles of nationality explained in the transcript?

The two main principles discussed are 'Ius Sanguinis' (nationality based on descent) and 'Ius Soli' (nationality based on the place of birth).

How does Indonesia determine nationality according to the 'Ius Sanguinis' principle?

According to the 'Ius Sanguinis' principle, a person is considered an Indonesian citizen if their parents are Indonesian citizens, regardless of where the person is born.

What happens when a child is born in a country that applies the 'Ius Soli' principle, but their parents are Indonesian citizens?

In such cases, the child can hold dual nationality. The Indonesian nationality is granted based on the parents' citizenship, while the country of birth may also grant nationality under the 'Ius Soli' principle.

What is the limitation of dual nationality according to Indonesian law?

Indonesia does not recognize permanent dual nationality. While dual nationality is allowed for children at birth, they must choose one nationality by the age of 18.

Why is the principle of 'Ius Soli' only applied to children in Indonesia's nationality law?

The 'Ius Soli' principle is limited to children born in Indonesia whose parents' nationalities are either unclear or non-existent. It ensures that such children are granted Indonesian nationality.

What is meant by 'Kewarganegaraan Ganda Terbatas' (limited dual nationality)?

'Kewarganegaraan Ganda Terbatas' refers to a situation where a child born in a country applying 'Ius Soli' can have dual nationality, but must choose one nationality upon reaching adulthood, specifically at 18 years of age.

What happens if a person with dual nationality does not choose one nationality when they reach 18 years old?

If a person does not choose one nationality by the age of 18, their status as an Indonesian citizen is considered invalid under the principle of 'Kewarganegaraan Tunggal' (single nationality).

What are some additional principles related to nationality mentioned in the transcript?

The transcript also mentions principles such as national interest, equality under the law, human rights protection, transparency, and non-discrimination, all of which contribute to the overall framework of Indonesian nationality law.

Why is Indonesia's nationality law important in the context of globalization?

Indonesia's nationality law addresses the complexities of an increasingly interconnected world, where people often live and work across borders. The law ensures that Indonesian citizens are protected, regardless of their location or the nationality laws of other countries they may interact with.