The Validity of the Appointment of A Minister Who is A Foreign Citizen in Indonesia Based on Article 22 of Law Number 39 Year 2008 About State Ministry

Case Study of the Appointment of the Minister of Energy and Mineral Resources Arcandra Tahar

DOI

10.2991/assehr.k.201209.173How to use a DOI?

Keywords

Requirements to become Minister, Dual Nationality, Legality of Minister with Foreign Citizen Status

Abstract

In the year of 2016, the President of the Republic of Indonesia inaugurate one of the state functionary, which is a Minister of Energy and Mineral Resources who has dual citizenship status. By that time the Minister known as Arcandra Tahar, admitted that he had become an American Citizen. Article 23 of the Law Number 39 Year 2008 about Citizenship of the Republic Indonesia regulates that if a person acquires another citizenship voluntarily, they will automatically lose their Indonesian citizenship. Therefore, Indonesian Citizenship of Archandra Tahar is invalid. The subject matter in this study is about the validity of the appointment of a Minister who is a foreign citizen in Indonesia based on Article 22 of Law Number 39 Year 2008 about State Ministry (case study of the appointment of the Minister of Energy and Mineral Resources Arcandra Tahar). The author examines the subject matter comprehensively using normartive legal research methods. Based on the results, it can be concluded that Indonesian citizenship of Arcandra Tahar has been lost since Arcandra Tahar swore allegiance to the United States of America. The loss of Arcandra Tahar’s Indonesian Citizenship is regulated in the Citizenship Act which states that people who knowingly promise to be loyal to other countries will lose their status as Indonesian citizen. In connection to Article 22 of the State Ministry Act, Arcandra Tahar is never legally a Minister of the Republic of Indonesia because the main requirement to become a candidate is the person must be an Indonesian citizen.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Tatang Ruchimat
AU  - Oswaldo Brahalino Kasman
PY  - 2020
DA  - 2020/12/12
TI  - The Validity of the Appointment of A Minister Who is A Foreign Citizen in Indonesia Based on Article 22 of Law Number 39 Year 2008 About State Ministry
BT  - Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)
PB  - Atlantis Press
SP  - 1083
EP  - 1090
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.173
DO  - 10.2991/assehr.k.201209.173
ID  - Ruchimat2020
ER  -