Table of Contents
Discrimination and inequality of rights
The provisions are not in line with Pancasila and Human Rights
Weak handling of stateless states
Complicated procedures and bureaucracy
Constitutional Court decisions and revisions are slow
Jakarta, hitclubapk3 Indonesia
—
The latest report by the United Nations High Commissioner for Refugees (
UNHCR
) shows that the issue of statelessness is still an unresolved global issue.
UNHCR notes that around 12 thousand people worldwide still live without citizenship.This condition makes them vulnerable to losing basic rights such as access to education, health, work, and birth registration.
In fact, a number of international legal instruments, starting from the 1948 Universal Declaration of Human Rights to the 1961 Convention on the Reduction of Statelessness, emphasize that everyone has the right to citizenship.
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In Indonesia, the issue of statelessness is also a serious concern.Komnas HAM reports that there are around 325,477 Indonesian citizens who have the potential to lose their citizenship.Most of them are in Malaysia, Tawau and other destination countries for migrant workers.
Many of them have lived abroad for more than five years without clear documents, are married to foreign nationals, or have not taken care of the administration so they are in danger of no longer being recognized as Indonesian citizens.
Maslow Quest Foundation Principal Researcher, Cassadee Orinthia Yan, believes that the Indonesian government needs to increase international cooperation and strengthen protection for this vulnerable group.
He considers that the absence of citizenship has a long-term impact on individuals, ranging from not recognizing basic rights to difficulty participating in social life.
Yan also highlighted the condition of stateless persons in Indonesia who often face serious obstacles.They cannot own property, have difficulty getting married officially, and face obstacles in registering the birth of children.Some were even detained for long periods due to difficulties in proving their identity and origins.
Yan emphasized the need for comprehensive steps so that Indonesia not only has a legal umbrella, but also ensures that implementation in the field is effective.
“Stateless groups are the most vulnerable group. The state must be present to ensure their rights are protected,” he said.
Until now, the government is still trying to improve administrative mechanisms and international cooperation to overcome the problem of statelessness which continues to grow in border areas and the Indonesian diaspora.
Even though Indonesia has Law Number 12 of 2006 concerning Citizenship, its implementation is still far from expectations.
Yan criticized several problems in the law, including:
Discrimination and inequality of rights
The assessment of a number of parties states that there is an article that differentiates the rights of children of Indonesian citizens from mixed marriages and children who are not.
The provisions are not in line with Pancasila and Human Rights
Several norms are considered not to reflect the principles of equality and protection of human rights.
Weak handling of stateless states
Articles 26-27 which regulate statelessness are considered not yet effective.
Complicated procedures and bureaucracy
The process of naturalization and recognition of citizenship is often lengthy and multi-layered.
Constitutional Court decisions and revisions are slow
Even though several articles have been declared unconstitutional, it is considered that the revision of the law has not touched the root of the problem.
(team/bac)
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