Dual Citizenship Reap Many Problems
Senin, 22 Agustus 2016 - 07:35 WIB
Dual Citizenship Reap Many Problems
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JAKARTA - Polemic about dual nationality happened to the former Minister of Energy and Mineral Resources (ESDM) Archandra Tahar and member of Paskibraka from Depok, West Java, Gloria Natapraja Hamel recently become a hot topic.
This also a concern Law doctoral candidate of Jayabaya University Jakarta, Lusiana Sanato. He noted that dual citizenship could provide benefits for the protection of Indonesian citizens, especially against children. However, with the need to refer to the Act (UU) that apply in Indonesia.
"In Indonesia, there are no rules that allow dual citizenship except for children born of a mixed marriage. And if there are citizens who have two passports namely green passport and new country passports, it would still be regulated law," said Lusiana in Jakarta, Monday (22/8).
The woman who is also the author of books of business and legal advise examined in terms of international law, dual citizenship reap many problems.
"For example in the case of personal status that is based on the principle of nationality, then the child is meant to be subject to the provisions of the nation state. When there is a conflict between state law that one with the other, then which one should be followed," said the author of biography 'Jejak-jejak Sang Jenderal'.
Related to the violations of the Act because of their dual citizenship, she explained there is a difference in theory and practice.
"Someone who has two passports would be contrary to article 23, point h, Law No 12/2006 on Citizenship and Law No 39/2007 of the Ministry of State. But I saw in the theory of law can't, but in practice it can be, as it happens the flag raisers can get dual citizenship passport, but after the age of 18 she had to choose one nationality," said Lusiana.
While Archandra related cases, Lusiana call, in order to have more citizen status have also been set out in article 9 of Law citizenship, where there is set a person can get Indonesian citizenship after settling five consecutive years or 10 years are not consecutive.
Regarding the government's decision that had removed Archandra office as the Minister sees own right. This refers to the law of citizenship, and immigration ministries.
"Regarding nationality, all people of Indonesia must maintain the authority of the state and institutions," said Lusiana.
This also a concern Law doctoral candidate of Jayabaya University Jakarta, Lusiana Sanato. He noted that dual citizenship could provide benefits for the protection of Indonesian citizens, especially against children. However, with the need to refer to the Act (UU) that apply in Indonesia.
"In Indonesia, there are no rules that allow dual citizenship except for children born of a mixed marriage. And if there are citizens who have two passports namely green passport and new country passports, it would still be regulated law," said Lusiana in Jakarta, Monday (22/8).
The woman who is also the author of books of business and legal advise examined in terms of international law, dual citizenship reap many problems.
"For example in the case of personal status that is based on the principle of nationality, then the child is meant to be subject to the provisions of the nation state. When there is a conflict between state law that one with the other, then which one should be followed," said the author of biography 'Jejak-jejak Sang Jenderal'.
Related to the violations of the Act because of their dual citizenship, she explained there is a difference in theory and practice.
"Someone who has two passports would be contrary to article 23, point h, Law No 12/2006 on Citizenship and Law No 39/2007 of the Ministry of State. But I saw in the theory of law can't, but in practice it can be, as it happens the flag raisers can get dual citizenship passport, but after the age of 18 she had to choose one nationality," said Lusiana.
While Archandra related cases, Lusiana call, in order to have more citizen status have also been set out in article 9 of Law citizenship, where there is set a person can get Indonesian citizenship after settling five consecutive years or 10 years are not consecutive.
Regarding the government's decision that had removed Archandra office as the Minister sees own right. This refers to the law of citizenship, and immigration ministries.
"Regarding nationality, all people of Indonesia must maintain the authority of the state and institutions," said Lusiana.
(rnz)
