The Implications of the Status of Children with Dual Citizenship on the Immigration Affairs Based on Law Number 12 of 2006 on the Indonesian Citizenship and Principle of State Responsibility

Abstract

Indonesia is a country of law, the principle is important in a constitutional state is to provide the same protection (equal protection) or equality in law (equality before the law). That is one of the responsibilities of the state laws to provide equal protection under the law to its citizens. In other words, it eliminates discrimination. Enforcement of the Act No. 12 of 2006 on Citizenship of the Republic of Indonesia, is seen as a positive advancement because accommodate the demands of the times. The law is considered the best solution to solve human rights problems, especially in children is associated with the implications of one's citizenship status of dual citizenship for a child. Problems in the study include the implications of the status of a child against the dual nationality of their immigration status associated with Act No. 12 of 2006 on Citizenship RI, and examine the state's responsibility towards child dual nationals. This research used normative juridical research using secondary data made from primary and secondary law. The data obtained and analyzed in qualitative normative. Specifications research is descriptive analysis that comprehensively characterizes the implications of dual citizenship for a child is connected by Law No. 12 of 2006 on Citizenship RI and the principle of state responsibility. Data collected by literature study (library research). The conclusions in this research, namely First, Implications for the position of children who are dual nationals is an exception in the Act No. 12 Year 2006 on the Indonesian Citizenship can be interpreted that the status is temporary, because the status of dual citizenship is valid only until the child is 18 (eighteen) years of age or unmarried. Shape implication is to provide immigration facilities such as calibration stamp on the passport RI and giving particulars affidavit on Foreign Passport for Subject Dual citizenship is limited. The facility applies only to children who undecided nationality and have not aged 21 (twenty-one) years. Second, one of the state's responsibility is to provide dual citizenship status as an exception to a child until the child is aged 18 (eighteen) years of age or unmarried based on the principle of absolute liability on the principle of child protection. This means that Indonesia gives jurisdiction, it is extremely important to ensure the rights and obligations of a child as a citizen of Indonesia. Restrictions granting jurisdiction over the protection of a child in order to avoid smuggling law because a child is not able to determine which is best for themselves and need an adult role, including fighting for their rights.