The Politics of Naturalization Law for Indonesian Diaspora of Excellence

DOI

10.2991/978-2-38476-315-3_87How to use a DOI?

Keywords

Globalization; Naturalization; Politics of Law; Human Rights

Abstract

Globalization represents a necessity for the development of world society, extending beyond the mere movement of people from one country to another. It also results in the dissemination of scientific knowledge, which in turn affects the laws of a country. The latter are certainly related to how the state regulates its citizens in order to achieve a state goal. This is what makes Indonesia regulate the legal principles that will be applied, in particular with regard to Indonesian nationality. A normative research approach will be employed to explore the manner in which this problem will be addressed. The research will begin with an examination of the development of citizenship law in Indonesia, with specific attention to the naturalization process for the Indonesian diaspora. The analysis will draw upon the theoretical frameworks of the Politics of Ideal Law, Constitutional Law and Instrumental Law. In terms of norms, the naturalization process is relevant for application in Indonesia, subject to certain conditions. In particular, it must remain consistent with the second and fifth precepts of Pancasila, align with the constitutional mandate in Article 26, and be governed by the provisions set out in the Citizenship Law. Furthermore, the Citizenship Law encompasses a range of additional citizenship-related matters. The preceding considerations will be analyzed in light of the theoretical lenses of human rights, citizenship, public policy, and legislation. The findings indicate that Indonesia gains significant benefits from its policy of welcoming diaspora of excellence through naturalization that is open to individuals who fulfil certain qualifications or limitations, and who adhere to the values espoused by Pancasila. In addition, they must comply with the constitutional and legal regulations that govern Indonesian society. This policy is founded upon a careful analysis of its advantages and disadvantages, which is essential to ensure the fair treatment of all individuals within Indonesian society.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Abdul Mun’im Wasi’
AU  - Lego Karjoko
PY  - 2024
DA  - 2024/12/24
TI  - The Politics of Naturalization Law for Indonesian Diaspora of Excellence
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 641
EP  - 646
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_87
DO  - 10.2991/978-2-38476-315-3_87
ID  - Wasi’2024
ER  -