right and obligation of citizen, requirements being citizen

8/9/2019 right and obligation of citizen, requirements being citizen

1/19

RIGHT AND OBLIGATION

OF CITIZENS

REQUIREMENTS TO BE

CITIZEN OF STATE


2/19

Right Definition

According to Prof. Dr. Notonagoro:

Right is the authority to accept or to

do something that should beaccepted or done by certain personand cannot be done by any otherperson, and principally that

particular person can demand for it.


3/19

Definition of Obligation

Accor i to Prof. r otonagoro:

O ligation i load, or r onsi ilit to

giv or to l t somet ing t at shouldto e let or given certain erson,cannot edone anyother erson,and rinci allycan edemanded y

the erson with importance.


4/19

Definition of CitizenDefinition of Citizen

CitizenCitizen isis aa membermember ofof aa state,state, itit meansmeans aa

personperson whowho qualifiedqualified thethe specificspecific

requirementrequirement toto bebe thethe membermember ofof aa statestate..

AsAs aa membermember ofof aa state,state, aa citizencitizen hashasspecialspecial rolerole inin hishis state,state, andand hashas rightright andand

obligationobligation toto hishis statestate..

IndonesianIndonesian citizencitizen isis aa personperson whowho isis aa

membermember ofof republicrepublic statestate of of Indonesia,Indonesia,

accordingaccording toto lawlaw..


5/19

Rights and obligations of citizen in constitution 1Rights and obligations of citizen in constitution 1994545

Chapter X article 27, 28,Chapter X article 27, 28, 29, 3029, 30and 3and 311 about citizenabout citizen

Article 27 sub 1: All citizens have same role in lawand government ; Sub 2: the right of occupation;Sub 3: Right and obligation for defense of state

Article 28: Right for expressing idea orally

Article 29 sub 2: Guarantees all personsthe freedom of worship, each accordingto his/her own belief.

Article 30 sub 1: Rights and obligations toparticipate in defence and safety of state

Article 31 sub 1: Right for get teaching.

Article 34 : Social welfare

Duties: Participation in election, Obeying

laws, Paying tax, Defending the nation


6/19

Indonesian Citizen Based on

Constitution number 12 year 2006

article 41. A citizen is a real Indonesian nation and people from

other nation validate with constitution of citizen

2. Every people who has to be Indonesian citizen basedon Indonesian law or the promise of Indonesiangovernment with other country before this UU is Valid.

3. A child born from the legal marriage of Indonesian parents4. A child born from the legal marriage of Indonesian

father and foreign mother

5. A child born from the legal marriage of Indonesian

mother and foreign father

6. A child born from the illegal marriage of Indonesian mother

and apatride father or the law of fathers country doesnt

give citizenship to that child


7/19

Continued....Continued....

7. Achild orn within 300 daysafter his father isdiefroma legal marriageandhis father has Indonesiancitizenship

8. Achild orn from illegal marriageof foreignmotherthat is recognized yhis father ashischildand thatrecognition isdone efore thechild is 18 yearsoldor thechildhasnot gottenmarriedyet

9. Achild orn in Indonesianarea whoseparentscitizenshipstatus isnot clear when thechild is orn.

10. Achild who is found in Indonesianareaandhisparents isnot known

11. Achild orn in Indonesianarea froman indonesian

citizen that ecause the rule from irthplaceofchildgivecitizenship to theconcernedchild.12. Achild froma father or mother that petitionhas

approved, then father or mother isdie eforesayingor declaring loyaltypromise.


8/19

Principles of Citizenship

Natality Marriage Naturalization

Unity

Of

Law

EqualityOf

Degree

Ius

Soli

(Birth

place)

IusSanguinis

(Parents)

Active Passive


9/19

NATALITY

IUS SOLI CITIZENSHIP

BASED ON

BIRTH PLACE

IUS

SANGUINIS

CITIZENSHIP

BASED ONPARENTS


10/19

MARRIAGE

Citizenship

WIFE

ame


11/19

LIVETOGETHER

Wife

( Xcitizenship)

Husband

(Ycitizenship)

EQUALITY

OFDEGREE


12/19

NATURALIZATION

NATURALIZATION

ACTIVE

PASSIVE

OPTION

RIGHT

PROPOSEPROPOSE

TO BETO BE

STATESTATE

CITIZENCITIZEN

REPU ATION

RIGHT

OESNT

WANT TO

BE STATE

CITIZEN


13/19

Naturalization process ( Based on UU 12 tahun 2006Article 9)

Fill the requirements

Make naturalizationapplication that

proposed byapplicant

Written in Indonesianlanguage in postagestamp paper to RIpresident through

ministry

Considered by

President at least in 3month

The president

deciding to accept orrefuse the application


14/19

Citizenship Status

APATRIDO SNT HAS

CITIZ NSHIP

BIPATRIDE HAS DOUBLE

CITIZENSHIP


15/19

APATRIDEHusband Wife X country

Domicile at Z country

Have children was born at Z

Z

Citizenship

X

Citizenship


16/19

BIPATRIDEHusband Wife Y country

Domicile at X country

Have children was born at X

X

itizenshi

Y

itizenshii atride


17/19

MULTIPATRIDE

Husband X Citizenship

Wife Y Citizenship

Have children at Z country

Domicile at Z

country

Ius

sanguinis

Ius

sanguinisIus soli

X

Citizenship

Z

Citizenship


18/19

NEW RULE TO BE

INDONESIAN CITIZENSHIP

The child whose parents

citizenship are different may have

double citizenship (bipatrid)


19/19

HOW TO LOSE

INDONESIAN CITIZENSHIP

1. Get a another citizenship for him/herself desire

2. Not release or refuse another citizenship whereas he/she had chance to do it.

3. Declared as losing his/her citizenship byP

resident for his/herself desire4. Join foreign countrys army without any permission to the president before

5. Join the foreign countrys department voluntary, which in Indonesia just only

permitted for Indonesias citizens

6. Take the oath or stating loyalty promise for foreign country voluntary

7. Not obligated but participate in some legislation election for foreign country

8. Has passport or something passport-like from foreign country

9. Living in outside Indonesia for 5 years continuously for not a countrys duty10. Indonesia citizenship also can lost if there is female or male Indonesia citizen

who married with another country citizen, and based that foreign country

rules, that female/male must follow his/her couple

right and obligation of citizen, requirements being citizen

Documents

Transcript of right and obligation of citizen, requirements being citizen