印尼国籍法审查中由于选择权利否定性公民身份的法律

Qurrotul Uyun
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引用次数: 0

摘要

指定(归化)包括给予一个或多个印尼公民身份的外国人,或给予一个或多个印尼公民身份的人或一些没有公民身份的人(无国籍)。根据印尼共和国法律,拥有双重国籍的公民必须选择其中一个国籍,直到他只有一个国籍。对于印度尼西亚公民来说,当这些批准书发给那些印度尼西亚国民时,根据印度尼西亚国籍法,所谓的“获得”或“选择”印度尼西亚共和国国籍将被印度尼西亚国籍所取代,而那些被称为“保留”的荷兰国籍或外国国籍或“拒绝”印度尼西亚国籍。印度尼西亚国籍也是如此,如果它失去了国籍,印度尼西亚与公民或其国家的权利和义务有关的所有事项也自动被抹去或失去。讨论的问题是:在选择公民身份的过程中,拒绝权是否会给当事人带来法律后果?在印尼选择公民身份的过程中是否使用拒绝权?通过研究本研究,期望找出印尼公民选择中存在的问题点。本研究采用定性方法。因为这种方法是一种定向的、系统的方法。此外,本研究还采用了法规法和概念法。它是一种来自法学中发展起来的观点和学说的方法。本研究的发现是:第一,作为被拒绝的法律的结果,被拒绝的国家无权强迫某人拒绝提议,这种情况的发生是由于自我意志而没有其他方面的干预。因为,公民身份的地位关系到一个人在每一个行动中获得权利和义务的存在。第二个问题是印尼特殊入籍所使用的拒绝权。这意味着国家可以通过使用它来提供或给予公民身份,在这个会议上,公民有权接受或拒绝这个提议。
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DUE TO LAW OF SELECTING THE RIGHT REPUDIATION CITIZENSHIP STATUS IN CITIZENSHIP LAW REVIEW OF INDONESIA
Designation (naturalization) includes giving Indonesian citizenship status of one or a number of people from foreign nationals, or gives the status as a citizen of Indonesia or the number of people who do not have citizenship (stateless) .According to the laws of the Republic of Indonesia citizens who have dual citizenship must choose one of these citizenship so until he has only one nationality. For Indonesian citizens are treated when these approvals to those Indonesian nationals, according to Indonesian citizenship legislation that called "gain" or "select" nationality of the Republic of Indonesia will be replaced with Indonesian nationality, and which are called "retained" Dutch nationality or nationality of foreign countries or "reject" Indonesian nationality. So goes the Indonesian nationality, if it has lost the nationality Indonesia automatically all matters concerned with the rights and obligations of citizens or her country also erased or lost. The problem that will be discussed are: Does the right of repudiation in the process of selecting citizenship status lead to legal consequences for those concerned? Does repudiation rights used in the process of selecting citizenship status in Indonesia? By studying this research, it is expected to find out the point of problems in selecting indonesian citizenship.This research used qualitative. Since this method is a directed and systemic method. In addition, this research study used statute approach and conceptual approach. It is an approach which comes from views and doctrines that are developed in the science of law.The findings of this research are: first, as a result of law that is rejected, rejected state has no right to force someone to reject the offer, this happens because of self-will without intervension from other sides. Since, the status of citizenship related to the existence in getting right and obligation of someone in every action.  The second problem is repudiation right that is used in Indonesia by special naturalization. It means that the state is able to offer or give citizenship status by using it, and in this session, the citizen has right to receive or reject that offer.
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