Harmonization of Citizenship Regulation in Indonesia

10.2478/bjlp-2022-007022

Abstract

Globalization has resulted in complex dynamics and many changes in society, including the law. The human traffic flow between countries has also led to the emergence of citizenship problems. The main problem to cause polemic in Indonesia is the factor of disharmony between the laws and regulations on citizenship in Indonesia. Therefore, it is necessary to create harmonization, particularly on how to align between Pancasila, the Constitution, and Article 23 of Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia as “das sollen” or the multiple interpretations of the law into the real practice in the society as“das sein”. Such disharmony has urged the need to harmonize the regulations governing this matter. This research analyzes this case based on the theory of truth consistency, correspondence, correlation and coherence and interpretation to solve this problem. This paper aims to explore the factors behind the making of positive law, in this case laws and regulations, which may have multiple interpretations in terms of their application in reality. This is normative research on positive law and the implications of positive law. The conclusions of this study are the discovery of the causes of disharmony and the answer to realize harmonization process andsome recommendations for material review at the Constitutional Court or revision of aquo provisions by the legislators.