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Ada Pertanyaan? Hubungi Kami Marcell Sihombing, Muhammad Yasin
The participants of The Commemoration of a Decade of Citizenship-Law Implementation: Book Launch and Talk Show. Photo was taken by: MYS
The ongoing debate into whether or not Indonesia should stick with its single-citizenship laws or adopt a dual-citizenship system is always revived whenever an Indonesian citizen who unlawfully holds citizenship in another country is thrust into the spotlight. This time around, Gloria Natapradja-Hamel is at the eye of the hurricane and hit the headlines recently when her membership of a national flag-hoisting team (pasukan pengibar bendera pusaka or Paskibraka) set to participate in Indonesia’s official 71st Independence Day celebrations was canceled as a result of her dual-citizenship. Indeed, Ira Natapradja, Gloria’s mother, originally filed for a judicial review of Law No. 12 of 2006 on Citizenship (Citizenship Law) at the Constitutional Court (MK), despite the application ultimately being called off not long after. Similarly, Archandra Tahar was also recently discharged from his post as the new Minister for Energy and Natural Resources due to his dual-citizenship status.
The above cases are representative of the various issues which have been raised during the decade which has passed since the implementation of the Citizenship Law. Indeed this law was recently commemorated at an event entitled The Commemoration of a Decade of Citizenship-Law Implementation: Book Launch and Talk Show. The event in question was jointly organized by the Indonesia Advocacy Team for Mixed Marriages (Tim Advokasi Perkawinan Campuran – PerCa Indonesia) in conjunction with the Directorate General for General Law Administration at the Ministry of Law and Human Rights and took place in Jakarta on Thursday, 25 August 2016. During the event, a number of parties, including PerCa Indonesia, expressed their wish that the Citizenship Law be revised.
During his address at the event, Satya Arinanto, an expert in constitutional law at the University of Indonesia, asserted that filing for a judicial review of Article 41 of the Citizenship Law with the MK was a reasonable move to make and represented one possible way of ending the whole dual-citizenship problem. However, Mr. Arinanto also stated that a judicial review would not necessarily offer any definitive solution for mixed-marriage couples. Indeed, according to Mr. Arinanto, even though it was a mixed-marriage organization which decided to file for the judicial review with the MK, this does not necessarily mean that the MK will ultimately render a favorable decision.
“It’s good if the MK renders a decision that proves favorable for them [mixed-marriage couples]. However, the MK may also ultimately dismiss the application, which will mean that Article 41 of the Citizenship Law will remain in effect,” Mr. Arinanto asserted.
Mr. Arinanto further asserted that a legislative review would be a better option, specifically in light of the fact that many issues have arisen in regard to this issue, as demonstrated by the abovementioned examples. According to Mr. Arinanto, a legislative review would enable both the House of Representatives (House) and the government to revise the various provisions set out in the Citizenship Law, as well as allow them to incorporate a number of new provisions which were not included in the original law. However, Mr. Arinanto also stated that should the revision ultimately encompass more than 50% of the Citizenship Law’s contents, that it would be far better to draft a whole new Citizenship Law instead.
Freddy Haris, the Director General of General Administration Law and Benny K. Harman, the Vice-Chair of the House’s Commission III, both expressed their agreement with Mr. Arinanto. The pair revealed that a legislative review was a viable option and that a Draft Bill on Citizenship has indeed now been incorporated into the National Legislation Program.
“It is listed as number 59 under the House Initiate within the National Legislative Program,” Mr. Haris revealed.
Commenting on this issue, Mr. Harman also asserted that should any new and urgent development requiring legislation emerge, then a revision of the Citizenship Law would become necessary. However, Mr. Harman also sought to remind the public that an individual act of negligence, such as forgetting to register a child born within a mixed-marriage with the government, did not represent sufficient grounds for a revision of the country’s Citizenship Law.
(rfs/sp)
Marcell Sihombing, Muhammad Yasin
The participants of The Commemoration of a Decade of Citizenship-Law Implementation: Book Launch and Talk Show. Photo was taken by: MYS
The ongoing debate into whether or not Indonesia should stick with its single-citizenship laws or adopt a dual-citizenship system is always revived whenever an Indonesian citizen who unlawfully holds citizenship in another country is thrust into the spotlight. This time around, Gloria Natapradja-Hamel is at the eye of the hurricane and hit the headlines recently when her membership of a national flag-hoisting team (pasukan pengibar bendera pusaka or Paskibraka) set to participate in Indonesia’s official 71st Independence Day celebrations was canceled as a result of her dual-citizenship. Indeed, Ira Natapradja, Gloria’s mother, originally filed for a judicial review of Law No. 12 of 2006 on Citizenship (Citizenship Law) at the Constitutional Court (MK), despite the application ultimately being called off not long after. Similarly, Archandra Tahar was also recently discharged from his post as the new Minister for Energy and Natural Resources due to his dual-citizenship status.
The above cases are representative of the various issues which have been raised during the decade which has passed since the implementation of the Citizenship Law. Indeed this law was recently commemorated at an event entitled The Commemoration of a Decade of Citizenship-Law Implementation: Book Launch and Talk Show. The event in question was jointly organized by the Indonesia Advocacy Team for Mixed Marriages (Tim Advokasi Perkawinan Campuran – PerCa Indonesia) in conjunction with the Directorate General for General Law Administration at the Ministry of Law and Human Rights and took place in Jakarta on Thursday, 25 August 2016. During the event, a number of parties, including PerCa Indonesia, expressed their wish that the Citizenship Law be revised.
During his address at the event, Satya Arinanto, an expert in constitutional law at the University of Indonesia, asserted that filing for a judicial review of Article 41 of the Citizenship Law with the MK was a reasonable move to make and represented one possible way of ending the whole dual-citizenship problem. However, Mr. Arinanto also stated that a judicial review would not necessarily offer any definitive solution for mixed-marriage couples. Indeed, according to Mr. Arinanto, even though it was a mixed-marriage organization which decided to file for the judicial review with the MK, this does not necessarily mean that the MK will ultimately render a favorable decision.
“It’s good if the MK renders a decision that proves favorable for them [mixed-marriage couples]. However, the MK may also ultimately dismiss the application, which will mean that Article 41 of the Citizenship Law will remain in effect,” Mr. Arinanto asserted.
Mr. Arinanto further asserted that a legislative review would be a better option, specifically in light of the fact that many issues have arisen in regard to this issue, as demonstrated by the abovementioned examples. According to Mr. Arinanto, a legislative review would enable both the House of Representatives (House) and the government to revise the various provisions set out in the Citizenship Law, as well as allow them to incorporate a number of new provisions which were not included in the original law. However, Mr. Arinanto also stated that should the revision ultimately encompass more than 50% of the Citizenship Law’s contents, that it would be far better to draft a whole new Citizenship Law instead.
Freddy Haris, the Director General of General Administration Law and Benny K. Harman, the Vice-Chair of the House’s Commission III, both expressed their agreement with Mr. Arinanto. The pair revealed that a legislative review was a viable option and that a Draft Bill on Citizenship has indeed now been incorporated into the National Legislation Program.
“It is listed as number 59 under the House Initiate within the National Legislative Program,” Mr. Haris revealed.
Commenting on this issue, Mr. Harman also asserted that should any new and urgent development requiring legislation emerge, then a revision of the Citizenship Law would become necessary. However, Mr. Harman also sought to remind the public that an individual act of negligence, such as forgetting to register a child born within a mixed-marriage with the government, did not represent sufficient grounds for a revision of the country’s Citizenship Law.
(rfs/sp)