Kewarganegaraan dan Kebijakan Pendidikan di Indonesia Tantangan bagi Anak-anak dengan Status Kewarganegaraan Tidak Jelas
(Ashfiya Nur Atqiya, Ahmad Muhamad Mustain Nasoha, Auria Trisi Novi Ana, Ari Maulana Ramadhan, Luthfiah Luthfiah)
DOI : 10.62383/federalisme.v1i4.300
- Volume: 1,
Issue: 4,
Sitasi : 0 20-Nov-2024
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| Last.02-Aug-2025
Abstrak:
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.
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2024 |
Tunas Agraria : Implikasi Kewarganegaraan terhadap Hak Kepemilikan Tanah dalam Hukum Agraria Indonesia
(Ashfiya Nur Atqiya, Ahmad Muhamad Mustain Nasoha, Latifah Isti’anah, Annada Ashfa Urroozanah, Neysa Kunthi Cahya Latifa)
DOI : 10.62383/terang.v1i4.618
- Volume: 1,
Issue: 4,
Sitasi : 0 20-Nov-2024
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| Last.24-Jul-2025
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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.
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2024 |
Implikasi Politik dari Perubahan Kebijakan Kewarganegaraan terhadap Hubungan Diplomatik Indonesia
(Ahmad Muhamad Mustain Nasoha, Ashfiya Nur Atqiya, Kyla Jessica Veda, Azizah Harda Annafi’ah, Imam Aris Utomo)
DOI : 10.62383/desentralisasi.v1i4.298
- Volume: 1,
Issue: 4,
Sitasi : 0 20-Nov-2024
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| Last.02-Aug-2025
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This study explores the political impacts of citizenship policy changes on Indonesia’s diplomatic relationships, particularly in the context of globalization and the movement of its diaspora. Indonesia currently maintains a single citizenship policy, preventing its citizens from holding dual nationality. This restriction often complicates the legal and emotional connections of Indonesians living abroad with their home country, while also limiting their economic contributions through remittances and investments. Conversely, many nations have adopted dual citizenship policies to maintain stronger connections with their diaspora and enhance their diplomatic influence. Using a qualitative approach with case studies focusing on countries with large Indonesian diasporas, such as Malaysia, Saudi Arabia, and the United States, this research highlights the potential benefits of dual citizenship. The findings indicate that allowing dual citizenship could strengthen Indonesia’s diplomatic ties and increase economic contributions from overseas Indonesians. However, there are challenges to implementation, including concerns over divided loyalty and complexities in legal enforcement. This paper suggests that Indonesia consider a carefully controlled introduction of dual citizenship, taking into account legal protections, economic benefits, and the role of the diaspora in promoting Indonesia’s interests abroad.
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2024 |
Peran Pancasila dalam Pencegahan dan Pemberantaan Korupsi : Perspektif Hukum Tata Negara
(Ashfiya Nur Atqiya, Ahmad Muhamad Mustain Nasoha, Inas Alifatus Salma, Athifah Saidah, Khubi Hanan Khoirunisa)
DOI : 10.62383/desentralisasi.v1i4.306
- Volume: 1,
Issue: 4,
Sitasi : 0 20-Nov-2024
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| Last.02-Aug-2025
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Abstract. Pancasila has an important role in various aspects of life, including in efforts to prevent and eradicate corruption. This research aims to examine the role of Pancasila's contribution in the context of constitutional law, especially in terms of integrity and public ethics. Using qualitative research methods and descriptive analysis, this study investigates how Pancasila values such as social justice, fair and civilized humanity, and unity can be integrated into the legal system and state administration to prevent and eradicate corruption. The results of this study show that the use of Pancasila principles in laws and public policies has significant potential to improve transparency and accountability. The study also identifies challenges and barriers to the implementation of Pancasila values and provides recommendations to improve the effectiveness of corruption prevention and eradication in Indonesia. The findings support the argument that Pancasila serves not only as an ideological basis, but also as a practical foundation in building a legal system with integrity.
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2024 |
Peran Mahkamah Konstitusi dalam Menjamin Hak-Hak Kewarganegaraan di Indonesia
(Ashfiya Nur Atqiya, Ahmad Muhamad Mustain Nasoha, Ki Awang Pijar Pembayun, Khoridatul Bahiyah, Muhana Ayu Devita)
DOI : 10.62383/aliansi.v1i6.611
- Volume: 1,
Issue: 6,
Sitasi : 0 20-Nov-2024
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| Last.02-Aug-2025
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This research explores the role of the Constitutional Court (MK) in protecting citizenship rights in Indonesia. As a constitutional judicial body, the MK holds a crucial responsibility to review laws against the 1945 Constitution (UUD 1945), ensuring that fundamental rights of citizens, such as freedom of expression, the right to education, and the right to privacy, are not violated by existing legal policies. Through the mechanism of judicial review, the MK acts as a primary guardian capable of annulling laws that are in conflict with the constitution. This study examines various significant cases where the MK has played a critical role in safeguarding citizenship rights. We also identify various challenges faced by the MK, including issues in implementing rulings and potential political pressures that may affect the independence of this institution. From a global perspective, this research compares the role of the MK with constitutional bodies in other countries to provide a broader understanding of how the MK functions in an international context. The research employs doctrinal legal research, which is a process of discovering rules, principles, and doctrines to address the issues at hand. The research is prescriptive in nature. The methodology used is normative/doctrinal/library research. The findings indicate that although the MK has successfully protected citizens' rights through significant rulings, there remains an urgent need to improve the implementation of decisions and to safeguard the institution’s independence. Recommendations for enhancing the MK’s role include expanding legal education to the public, strengthening public access to judicial review mechanisms, and fostering closer collaboration with legal academics and practitioners. With these measures, the MK is expected to continue functioning effectively as a guardian of constitutional rights in Indonesia.
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2024 |
Pancasila Sebagai Landasan Pembentukan Hukum Adat dalam Konteks Negara Hukum Indonesia
(Ahmad Muhamad Mustain Nasoha, Ashfiya Nur Atqiya, Lukluil Maxnuun, Fatimah Nur Laily, Muthiah Prima Zahra)
DOI : 10.62383/konstitusi.v2i1.294
- Volume: 2,
Issue: 1,
Sitasi : 0 19-Nov-2024
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| Last.02-Aug-2025
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Pancasila, as the foundation of the Indonesian state, plays a crucial role in the formation of law, including customary law. This research focuses on how Pancasila’s values serve as a basis for the recognition and development of customary law, which is still acknowledged within the national legal system. The urgency of this study lies in finding a common ground between national law and customary law to strengthen a just rule of law. The research method used is a normative approach, analyzing legislation and legal literature. The results indicate that Pancasila can function as a foundation for harmonizing customary law and national law, thus reinforcing Indonesia’s plural legal identity. The conclusion is that Pancasila, as the state’s foundational philosophy, provides space for the existence of customary law, as long as it aligns with the core values of Pancasila.
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2024 |
Konstitusi dan Kewarganegaraan : Implikasi Yuridis dari Perubahan Pasal – Pasal UUD 1945 Terkait Kewarganegaraan
(Ahmad Muhamad Mustain Nasoha, Ashfiya Nur Atqiya, Fadhil Abdulloh, Elsa Fikry Nurcahya, Nihayatun Nisa)
DOI : 10.62383/majelis.v1i4.295
- Volume: 1,
Issue: 4,
Sitasi : 0 19-Nov-2024
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| Last.27-Jul-2025
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This study looks at the legal ramifications of changing the Republic of Indonesia's 1945 Constitution's articles pertaining to citizenship (UUD 1945). The complexity of citizenship issues has increased with globalization, especially when it comes to dual citizenship and the rights of Indonesians residing outside. This study is classified as doctrinal research since it examines legal sources to determine legal principles. The study finds that amendments to the UUD 1945 are necessary to better align Indonesia's citizenship policies with global developments. However, these changes must be carefully considered to protect human rights and maintain national loyalty and identity. Reforming Indonesia's citizenship laws should be done thoughtfully, with input from various stakeholders, to ensure the resulting policies are inclusive and adaptable to the current global context. This research aims to contribute significantly to the development of Indonesia's citizenship policies and to offer a foundation for policymakers in crafting regulations that are more responsive to global challenges.
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2024 |
Nilai-Nilai Pancasila dalam Pembaruan Hukum Adat Tantangan dan Peluang dalam Era Globalisasi
(Ashfiya Nur Atqiya, Ahmad Muhamad Mustain Nasoha, Nabella Indah Rismawati, Dewi Rahmawati Yundha Saputri, Arfian Nisa Urrofi'ah)
DOI : 10.62383/pk.v1i4.314
- Volume: 1,
Issue: 4,
Sitasi : 0 31-Oct-2024
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| Last.02-Aug-2025
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Customary law reform in Indonesia in the context of globalization raises significant challenges and opportunities. The values of Pancasila, as the ideological foundation of the nation, play an important role in ensuring that customary law reform remains relevant, fair and rooted in local culture. Globalization encourages the modernization and homogenization of the legal system, which often contradicts the principles of customary law based on local wisdom. This article examines how Pancasila values, such as humanity, social justice, unity, and deliberation, can be integrated in the process of customary law reform to remain relevant amid global dynamics. This research uses a qualitative approach with the methods of literature study, interviews, and document analysis. Literature study was conducted to understand the theoretical context of customary law reform and Pancasila values, while interviews were conducted with legal experts, academics, and traditional leaders to obtain empirical perspectives on challenges and opportunities in customary law reform. Document analysis was conducted on policies and regulations relating to customary law and the implementation of Pancasila values in Indonesia. The results show that customary law reform based on Pancasila has great potential to deliver a legal system that is more inclusive and responsive to the needs of local communities. Key challenges identified include difficulties in harmonizing customary law with national and international law and homogenizing pressures from global standards. However, opportunities are also found in the ability of updated customary law to provide more culturally and locally relevant dispute resolution alternatives. The integration of Pancasila values is believed to strengthen the position of customary law within national and global legal frameworks.ract
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2024 |
Tinjauan Kritis Kewarganegaraan dalam Perspektif Hukum Tata Negara dan Hukum Islam
(Ahmad Muhamad Mustain Nasoha, Ashfiya Nur Atqiya, Ammar Farid, Jazz Kyanu Azzahra, Siti Hanifah Jauharoh Wahidah)
DOI : 10.62383/amandemen.v1i4.625
- Volume: 1,
Issue: 4,
Sitasi : 0 31-Oct-2024
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| Last.02-Aug-2025
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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.
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2024 |