Principles of Jus Soli – Every country has its own citizenship principles and Indonesia is no exception. For some people, the Indonesian state may only recognize the principle of citizenship on the principle of jus sanguinis and the principle of jus soli.
However, in fact, the Indonesian state recognizes 4 (four) citizenship principles which are used as a reference for determining a person’s citizenship status, including the principle of jus sanguinis, principle of ius soli, principle of single citizenship, and principle of limited dual citizenship. In general, the meaning of citizenship itself is the participation of a person as a member by showing the connection or bond between the state and its citizens.
While citizens are residents of a country or nation based on place of birth, ancestry, and so on. Meanwhile, you can understand the principle of citizenship as a basis for thinking in determining whether or not someone belongs as a citizen of a certain country.
In order for you to know the principle of citizenship, you need to listen to the full discussion. In the following, a clear and complete discussion regarding the principle of citizenship has been presented.
Definition of Citizenship and Citizenship Principles
The state is an abstract entity and what appears is only the elements of the state, for example population, government and territory. Residents are all people who are domiciled in a country, whether they are indigenous people or immigrants (foreign nationals) who are on vacation or working and temporarily living in that country.
Citizens are part of a population and at the same time citizens have an attachment to their country and have rights and obligations that are reciprocal.
Meanwhile, citizenship has characteristics that can show the attachment or bond between the state and its citizens. Based on the Citizenship Law of the Republic of Indonesia which reads, “citizenship is everything related to the state.”
From the definition of citizenship, the definition of citizenship can be divided into two (2) of them are as follows:
1. Definition of Citizenship Based on Juridical Meaning
Citizenship in a juridical sense is citizenship which is marked by the existence of a legal bond between people and the state.
2. Definition of Citizenship Based on Sociological Meaning
Citizenship in the sociological sense is citizenship which is not only marked by the existence of legal ties but also marked by the existence of emotional ties, for example Egyptian ties and feelings of home, historical activity, home of hereditary ties and homeland ties. The word bond appears as an appreciation of the citizens of the country concerned.
In any discourse, the state is obliged to position itself equally with its citizens. As long as the state is above its citizens or society, the relationship between the two will not be able to run harmoniously.
Normatively, the attachment between citizens and the state must always adhere to the rights or obligations attached to both. That way, democratic and fair communication will be created and in accordance with what has been hinted at by the constitution.
If one of them acts without adhering to the guidelines and the constitution as a basis and normative standard then the relationship will be easily rich or destroyed. When the relationship is destroyed, the party that will be harmed is the citizen. With the power possessed by the state and government, it can be done in a repressive and also hegemonic way to control citizens. So that the legitimacy of citizens always flows to the state.
In fact, the state’s decision to dominate its citizens cannot be justified and vice versa, citizens must not behave anarchically in order to bring down the state. Because the state and citizens have a relationship or bond with each other, it is important to determine one’s citizenship status. For this reason, the principle of citizenship is present and necessary.
The principle of citizenship is the legal basis for citizens, residents and residents in a country. A person who already has citizenship will not fall under the power or authority of another country.
In addition, other countries have no right to impose the rule of law on someone who is not a citizen of their country. The principle of citizenship is necessary and becomes an important part so that a person can obtain legal protection from the state and at the same time be able to receive rights and obligations as a citizen.
Provisions regarding citizenship status are regulated in the laws and regulations of a country. Every country is free to determine the principle of citizenship which will be included in the laws and regulations that apply in the country.
This is because each country has cultural, traditional or historical values that differ from one another. However, in general there are 2 (two) principles applied by a country, namely the ius sanguinis principle and the ius soli principle. In Indonesia itself, the principle of citizenship is regulated in Law Number 12 of 2006 and is known by 2 (two) guidelines, namely the principle of general citizenship and the principle of special citizenship.
The Principles of Citizenship in Indonesia
As explained in the previous discussion, that each country has its own citizenship principles and the most well-known principles are the ius soli and ius sanguinis principles.
In Indonesia, the principle of citizenship has been clearly regulated in Law Number 12 of 2006 which includes 2 (two) guidelines, namely the principle of general citizenship and special citizenship which has 4 (four) principles in it. The following is a clear discussion of the principle of citizenship in Indonesia based on Law Number 12 of 2006.
Principles of General Citizenship
The general citizenship principle includes 4 (four) principles, namely the Ius Soli Principle, the Single Citizenship Principle, the Ius Sanguinis Principle, and also the Limited Dual Citizenship Principle. Well, below has been presented a complete discussion of which is as follows:
1. Principle of Jus Sanguinis
The principle of Jus Sanguinis is the principle of a person’s citizenship which is determined based on the ancestry of the parents. Examples of countries that adhere to the Jus Sanguinis principle are China, the Netherlands, Japan and Indonesia.
2. Principle of Jus Soli
The principle of ius soli is the principle of a person’s citizenship which is determined based on place of birth. This one principle is mostly used by countries in the Americas, but it is rarely found in other places, such as Australia, America, Brazil and Canada.
3. Single Citizenship Principle
The principle of single citizenship applies absolutely to every citizen who is an adult or may only have one citizenship, namely Indonesia.
4. The Principle of Limited Dual Citizenship
The principle of Limited Dual Citizenship applies to children born from mixed marriages or have parents of different nationalities. Such children will later inherit the citizenship of both parents until they are 18 years old or married.
Principles of Special Citizenship
In addition to the four principles contained in the general citizenship principles, there are also several special citizenship principles which form the basis of the drafting of the Law on citizenship of the Republic of Indonesia. According to Jazim Hamidi and Mustafa Lutfi, the principles of special citizenship include the following.
1. The Principle of Equality in Law and Government
The principle of legal equality and government is a principle that can determine that every Indonesian citizen will receive equal treatment in law and government.
2. The Principle of Substantive Truth
The principle of substantive truth is the principle which explains that the procedure for a person’s citizenship does not only have an administrative nature, but is also accompanied by substantive and application conditions that can be accounted for.
3. The Principle of Non-Discrimination
The principle of non-discrimination is the principle that does not discriminate in terms of treatment in all matters relating to citizens on the basis of race, ethnicity, religion, sex, class, and gender.
4. The Principle of Recognition and Respect for Human Rights (HAM)
The principle of recognition and respect for human rights is a principle which in all matters relates to citizens, it is obligatory to be able to guarantee, protect and glorify human rights in general and the rights of citizens in particular.
5. Principle of Openness
The principle of openness is the principle that determines that in all matters related to citizens, it must be done openly.
6. Principle of Publicity
The principle of publicity is the principle that determines that someone who gains or loses citizenship of the Republic of Indonesia will be announced or published. So that the public and the general public can know about the news.
Understanding the Principle of Jus Soli
The principle of Ius Soli or also called the Law of the Soil is a principle that determines a person’s citizenship based on his place of birth. The principle of ius soli is more in line with the current global situation, where a person’s nationality and nationality are not determined by the basis of religion, ethnicity and race.
The principle of Ius Soli also allows for the creation of a citizenship law that is more open and multicultural. A number of countries use the Ius Soli principle, including Argentina, Brazil, America, Mexico, and Peru.
The Australian state actually also uses the Ius Soli principle, but by applying a number of conditions. Where, a child born in Australian territory, will not immediately acquire Australian citizenship, unless one of the parents is an Australian citizen.
However, if the child settles and lives in Australia until he is 10 years old, then the child will also automatically get Australian citizenship. And regardless of the citizenship status of both parents as well.
Citizenship Status
Status and identity of citizenship are the status of a person’s membership as a citizen to live or play an active role in a country that is recognized by the laws or regulations that apply in that country. A person’s citizenship status will be very important, because this status will indicate a relationship between an individual and a country.
This citizenship status is the legal basis for carrying out the implementation of civil rights or obligations as citizens. So, citizenship identity will have implications for the rights and obligations as citizens regulated in citizenship law.
Understanding in determining a person’s citizenship status can occur due to a number of possibilities. With one of them, this is caused by a number of countries that adhere to the principle of Ius Soli. Meanwhile, there are other countries that adhere to the principle of Jus Sanguinis.
Several citizenship statuses that can occur due to the principle of citizenship, consist of apatride, bipatride, and multipatride. Well, the following has summarized the discussion, including the following.
1. Apatride
Apatride citizenship status is the citizenship status of a person who does not have citizenship status at all. According to de jure, a person who is stateless is a person who is legally not considered a citizen by any country which should have an obligation to protect him.
Meanwhile, a person who has no de facto citizenship is someone who is outside their country of origin and cannot or because of a legal problem, or is not willing to take advantage of the protection offered by the state.
This can happen as a result of persecution that usually occurs with refugees or because of bad diplomatic relations that occur between the country of origin and the country where the person lives.
The causes of apatride in different parts of the world can vary. However, most are caused by cases of discrimination due to factors of race, ethnicity, gender, or religion. Such cases generally occur in minority groups for generations.
The status of apatride is condemned by international law and the Universal Declaration of Human Rights (UDHR) also proclaims the right to citizenship. The United Nations High Commissioner of Refugees (UNHCR) notes that there are more than half a million people who have apatride status on the continent and more than 12 million people worldwide with apatride status.
2. Bipatride
Bipatride is someone who has a dual citizenship status relationship. International law states that as a form of sovereignty of each country. So every citizen has the right to determine his nationality in accordance with the laws and regulations in force in that country.
Initially, dual citizenship was not considered a big problem internationally. However, several decades ago, an international agreement was made that dual citizenship must be avoided.
This is because dual citizenship is feared to be a potential threat that will give birth to betrayal, espionage or other subversive activities. However, the policies against bipatride began to disappear and a number of countries began to tolerate it
A number of countries that adopt bipatride, namely Europe, for example European countries, for example Sweden, France, Finland, France, Italy and Portugal no longer ask their citizens who have been naturalized in other countries to relinquish their old citizenship status.
Changes in policies and attitudes towards dual citizenship are based on international law. Based on the European Convention on Nationality which was signed by most European countries, it does not contain restrictions on citizenship status as an oddity that must be abolished.
3. Multipatride
Multipatride citizenship status is a status for someone who has more than 2 (two) nationalities. This multipatride case can occur if a man who has citizenship A then marries a woman with citizenship B, then lives and gives birth to a child in country C.
If countries A and B adhere to the Ius Sanguinis principle, while country C adheres to the Ius Soli principle, the child will have multipatride. The existence of multipatride was once rejected but when it was widely accepted by democratic countries.
Multipatride cases can occur because many immigrants come to a country and settle there. In addition, multipatride is also caused by the prohibition of double taxation, namely taxes in the country of origin and place of residence, the loss of compulsory military service, and gender equality to determine citizenship.
It has also been explained above that there is the term naturalization or citizenship. Naturalization in question is giving or acquiring citizenship and nationality to someone who is not a citizen of that country at birth.
In general, the basic requirement for naturalization is that the applicant holds legal status as a resident for a certain minimum period of time according to the current law.
In addition, the applicant also needs to promise to always obey and enforce state laws, which sometimes requires an oath or pledge of allegiance. Several other countries also require citizens to renounce any other nationality previously held.
Traditional naturalization is based on the principle of Ius Soli or Ius Sanguinis. Although now it is generally a mixture of these two principles. The opposite term for naturalization is denaturalization which means that it revokes one of the citizens or one’s citizenship.
This is the discussion about the principle of citizenship in Indonesia and also the principle of Ius Soli. For Sinaumed’s who want to know more deeply about the principles of citizenship in Indonesia, you can read related books by visiting sinaumedia.com so that you have #MoreWithMemreading information.