Risma Apriyanti, . (2026) REFORMULASI KEBIJAKAN KEWARGANEGARAAN INDONESIA DALAM PERSPEKTIF HAK ASASI MANUSIA DAN KEPENTINGAN NASIONAL (Studi Kasus Satria Arta Kumbara). Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
Citizenship constitutes a fundamental right that establishes a reciprocal legal relationship between an individual and the state and, therefore, must not be arbitrarily revoked. However, Law Number 12 of 2006 concerning the Citizenship of the Republic of Indonesia provides for the automatic loss of citizenship for Indonesian citizens who voluntarily join a foreign military service without prior authorization from the President, giving rise to tensions between the protection of human rights and the interests of national security and state sovereignty. This research aims to examine the legal status of Indonesian citizens who join foreign military forces as mercenaries from a human rights perspective, as well as to analyze the reformulation of citizenship revocation policies concerning such individuals in accordance with human rights principles and national interests. This study employs a normative legal research method using data derived from literature, legislation, and other written legal sources. The findings of this research demonstrate that the deprivation of Indonesian citizenship for nationals who join foreign military forces as mercenaries cannot be imposed automatically solely based on the fulfillment of normative elements under Law Number 12 of 2006. Any deprivation of citizenship must be carried out through administrative mechanisms and legal procedures that uphold the principles of due process of law, non-arbitrariness, and the protection of human rights, particularly the right to nationality and the prevention of statelessness. The study further reveals that the Indonesian citizenship regime has sought to balance human rights protection and national interests; however, it still requires stronger regulatory frameworks and implementation mechanisms in addressing the involvement of Indonesian citizens in foreign military forces or transnational armed conflicts. Based on a comparative analysis of the Netherlands, South Korea, and South Africa, the regulation of citizens’ involvement in foreign armed conflicts is not solely implemented through citizenship deprivation, but also through administrative supervision, immigration restrictions, and criminal accountability mechanisms. Therefore, a reformulation of Indonesian citizenship policy is necessary through the clarification of legal definitions concerning foreign military service, mercenaries, and foreign terrorist fighters, as well as through the strengthening of administrative mechanisms, immigration supervision, and interagency coordination.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No. Panggil: 2410622003] [Pembimbing 1: Taufiqurrohman Syahuri] [Pembimbing 2: Irsyaf Marsal] [Penguji 1: Wicipto Setiadi] [Penguji 2: Muhammad Helmi Fahrozi] |
| Uncontrolled Keywords: | Citizenship, Human Rights, National Interests, Foreign Military |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | RISMA APRIYANTI |
| Date Deposited: | 26 Aug 2026 07:22 |
| Last Modified: | 26 Aug 2026 07:22 |
| URI: | http://repository.upnvj.ac.id/id/eprint/50962 |
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