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Lalu Guna Nugraha; Supanto Supanto; Erna Dyah Kusumawati

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the implementation of legal protection for citizenship rights of former transnational terrorist Indonesian citizens within Indonesia's legal system. Using normative juridical method with statutory and conceptual approaches, this study examines secondary data from primary, secondary, and tertiary legal materials. The results show that Indonesia's legal system has an adequate legal framework to protect the citizenship rights of former transnational terrorists, although its implementation faces various challenges. The deradicalization program and status verification mechanism implemented by the government have not been fully effective due to inter-institutional coordination constraints and community resistance. Additionally, the study identifies that citizenship status cannot be automatically revoked without proper legal process according to Law No. 12 of 2006 on Citizenship, as terrorist groups cannot be categorized as "foreign military" as specified in the law. This research contributes significantly to the development of returnee handling policies by balancing aspects of national security and human rights protection.

Bunga Aldila Putri; Fandhika Al Khairi; Yusuf Taufiqurahman; Yuanita Fatma Anisa F; Deni Kurniawan

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

The meeting of foreign elements resulted from a relationship between foreign citizens (WNA) and Indonesian citizens (WNI) which resulted in the occurrence of International Private Law. Until now, the problem that can occur due to the existence of these two elements is regarding the status of children from extramarital relationships between foreigners and Indonesian citizens. This will happen because there are many considerations regarding the child's status, such as the laws of the country where the child was born and the laws of the country where both parents come from. There are a number of countries that adopt the jus soli principle, which means that the child will be considered a citizen of the country where he was born. This is different from other countries that apply the jus sanguinis principle, which means that the child will obtain citizenship status from one or both parents, regardless of where the child was born. Seeing this problem, this research discusses the status of the child if this occurs because a relationship is not registered as a marriage relationship. Then there is another discussion regarding the distribution of inheritance if the marriage relationship is not recorded. In this research, the method applied is the normative juridical method by looking at existing data and presenting it descriptively. It is hoped that with this research readers will be able to understand and add information related to the research.  

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Latifah Isti’anah; Annada Ashfa Urroozanah; Neysa Kunthi Cahya Latifa

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the implications of citizenship on land ownership rights within Indonesian agrarian law. It examines how citizenship status affects the rights to land ownership, focusing on the legal framework established by Indonesian laws, including the Basic Agrarian Law (UUPA) and other relevant regulations. The study employs a qualitative approach, utilizing literature review and case analysis to identify key issues and challenges in the implementation of land ownership laws. Findings reveal that full land ownership rights are exclusively granted to Indonesian citizens, while foreign nationals face significant restrictions. The research highlights several challenges in legal implementation, including bureaucratic inefficiencies and inconsistencies between laws and practical applications. The paper concludes with recommendations for regulatory reforms, improved administrative processes, and enhanced transparency to better support both domestic and foreign stakeholders in land ownership. These recommendations aim to address existing problems and facilitate a more equitable and efficient land management system in Indonesia.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Auria Trisi Novi Ana; Ari Maulana Ramadhan; Luthfiah Luthfiah

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Citizenship and education policies in Indonesia play a crucial role in determining children's rights and access to quality education. However, challenges arise when addressing children with unclear citizenship status, such as those born to parents without permanent citizenship or those caught in ambiguous legal situations. This abstract examines how the uncertainty of citizenship status affects the access to and quality of education for these children in Indonesia. The study highlights major issues faced, including limited access to formal schooling, lack of adequate official documentation, and legal instability that restricts educational rights. Additionally, it explores existing government policies and the challenges in implementing them concerning the protection of educational rights for children with unclear citizenship status. The findings reveal the need for more inclusive policy reforms and effective strategies to ensure that all children, regardless of citizenship status, can enjoy their right to quality education. The study suggests a more holistic, human rights-based approach to addressing these issues and advocates for enhanced collaboration between government agencies, civil society, and international organizations to develop sustainable solutions.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Alifia Syifaurrohmah; Amanah Cantik Lintang Cahyani; Surya Gilang Ramadhan

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Citizenship plays a crucial role in the legal system and judicial process of any country, including Indonesia. This abstract examines the impact of citizenship status on legal processes in Indonesia, detailing how citizenship affects various aspects of law enforcement, particularly in the context of criminal offenses. In Indonesia, the legal system categorizes individuals as Indonesian citizens (WNI) or foreigners, with each category receiving different legal treatment in criminal cases. In criminal law contexts, the difference in citizenship status can influence several factors, including jurisdiction, legal treatment, and specific rights afforded to both offenders and victims. For Indonesian citizens, legal proceedings are generally conducted under national law, referring to the Indonesian Criminal Code (KUHP) and other relevant statutes. Conversely, foreign nationals involved in criminal acts in Indonesia are subject to special regulations that govern how these cases are handled, including international cooperation and extradition. This study reviews pertinent regulations and judicial practices in Indonesia and explores how citizenship status affects the legal rights of offenders and victims, as well as the procedural aspects of the legal system. The research method used is a qualitative approach, involving case studies and normative analysis. Case studies will include analysis of various criminal cases involving individuals with different citizenship statuses, both Indonesian citizens and non-citizens. Data will be collected through literature reviews, interviews with legal practitioners, and analysis of legal documents and court decisions. The research also addresses the challenges faced in implementing laws related to citizenship status, including issues of human rights, legal protection, and justice. The findings suggest that while Indonesian law provides different treatments based on citizenship, there is an urgent need for harmonization and reform to ensure that legal processes are fair and transparent for all individuals, regardless of their citizenship status. This insight offers guidance on how the Indonesian legal system can be improved to ensure consistent legal protection and justice for all individuals involved in criminal cases.

Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Fitri Wahyu Anggraini; Della Rahmayani; Robith Thoriq Al-kautsar

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the intersection of citizenship and land tenure, examining how legal frameworks influence access to land and impact social identities within agrarian contexts. Employing doctrinal legal research, this research synthesizes literature and analyzes primary legal sources to uncover the principles governing land rights as they relate to citizenship status. The study utilizes a combination of statutory, case, conceptual, historical, and comparative approaches to provide a comprehensive view of land tenure systems across different regions and cultures. Findings indicate that citizenship status significantly affects land ownership and tenure security, often marginalizing certain groups such as women, indigenous communities, and non-citizens. The results underscore the need for legal reforms that recognize equitable land rights and address social disparities within land governance frameworks. This research contributes to the ongoing discourse on agrarian law, advocating for policies that prioritize social justice and inclusivity, thereby enhancing sustainable development and resource management.Keywords: agrarian law, land ownership rights, citizenship dynamics, Indonesian citizens, legal framework.  

Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Ilham Thoriq Hidayatullah; Kamelia Zahra Ardiani; An nisaa Nur Sifa Az Zahra

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the impact of foreign direct investment (FDI) on citizenship policies in Indonesia and explore how changes in these policies can affect citizens' rights and national sovereignty. The research uses a qualitative approach with a literature review method. A literature review is a type of research conducted by collecting and analyzing existing data or scholarly articles to address problems and understand fundamental issues. The reason for using library research is that the researcher needs data from various sources such as books and previous research journals. Using this method, the researcher identifies relevant topics aligned with the research goals and then analyzes journals and books to answer questions about how FDI significantly impacts Indonesia's economy, driving growth, job creation, and global competitiveness. However, citizenship policies related to FDI require careful attention to balance investment needs with national sovereignty. Reforming policies to simplify residency and citizenship status for foreign investors could make Indonesia a more attractive investment destination, but it might also raise concerns about the impact on the rights of native citizens and national integrity. To manage these effects, Indonesia needs to develop integrated citizenship policies, conduct regular evaluations, enhance transparency, and learn from international practices. With a careful approach, Indonesia can maximize the benefits of FDI while maintaining national interests.  

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Ammar Farid; Jazz Kyanu Azzahra; Siti Hanifah Jauharoh Wahidah

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This think around focuses to essentially and comprehensively see at the concept of citizenship from the focuses of see of sacrosanct law and Islamic law. Citizenship may be a legal status that characterizes the rights and commitments of an individual interior a state. Inside the setting of sacrosanct law, citizenship is controlled through constitutions and citizenship laws that incorporate distinctive perspectives such as the benchmarks of citizenship (ius soli, ius sanguinis), human rights, and conscious commitments. Sacrosanct law besides considers the measures of vote based framework, value, and adjust in choosing citizenship status. On the other hand, from the point of see of Islamic law, the concept of citizenship isn't because it were seen from a legal-formal point but in addition incorporates moral and ethical estimations. Islamic law gives heading on the commitments and rights of individuals as parcel of the ummah (the Muslim community), based on Shariah measures such as value ('adl), open welfare (maslahah), and the confirmation of fundamental human rights. Besides, Islamic law considers the rights of non-Muslims interior an Islamic state setting through the concept of "ahl al-dhimmah" (guaranteed people) and the benchmarks of minority rights security. This examine grasps a essential and comparative examination approach to evaluate the resemblances and contrasts between these two perspectives. The revelations illustrate that in show disdain toward of foremost contrasts in their philosophical and methodological bases, both secured law and Islamic law share common goals, to be particular the confirmation of human rights and social value. In any case, contrasts inside the interpretation of these concepts can impact the execution of citizenship approaches in several countries. The think approximately additionally highlights the challenges and openings in coordination Islamic law benchmarks into the framework of display day sacrosanct law, particularly in Muslim-majority countries. At final, the examine proposes the require for more genuinely interest talk to realize a concordant agreeable vitality between secured law and Islamic law in controlling citizenship sensibly and comprehensively.