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RIGHT AND OBLIGATION
OF CITIZENS
REQUIREMENTS TO BE
CITIZEN OF STATE
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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.
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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.
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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..
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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
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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
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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.
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Principles of Citizenship
Natality Marriage Naturalization
Unity
Of
Law
EqualityOf
Degree
Ius
Soli
(Birth
place)
IusSanguinis
(Parents)
Active Passive
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NATALITY
IUS SOLI CITIZENSHIP
BASED ON
BIRTH PLACE
IUS
SANGUINIS
CITIZENSHIP
BASED ONPARENTS
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MARRIAGE
Citizenship
WIFE
ame
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LIVETOGETHER
Wife
( Xcitizenship)
Husband
(Ycitizenship)
EQUALITY
OFDEGREE
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NATURALIZATION
NATURALIZATION
ACTIVE
PASSIVE
OPTION
RIGHT
PROPOSEPROPOSE
TO BETO BE
STATESTATE
CITIZENCITIZEN
REPU ATION
RIGHT
OESNT
WANT TO
BE STATE
CITIZEN
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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
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Citizenship Status
APATRIDO SNT HAS
CITIZ NSHIP
BIPATRIDE HAS DOUBLE
CITIZENSHIP
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APATRIDEHusband Wife X country
Domicile at Z country
Have children was born at Z
Z
Citizenship
X
Citizenship
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BIPATRIDEHusband Wife Y country
Domicile at X country
Have children was born at X
X
itizenshi
Y
itizenshii atride
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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
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NEW RULE TO BE
INDONESIAN CITIZENSHIP
The child whose parents
citizenship are different may have
double citizenship (bipatrid)
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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
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