The Constitutional Design Of Application Of Overseas Citizenship Of India (OCI) In The Indonesia Constitutional Law System
DOI:
https://doi.org/10.35586/velrev.v2i2.759Abstract
The idea of implementing a dual citizenship system in Indonesia which was initiated by the Indonesian Diaspora was directed towards imitating the Overseas Citizenship Of India (OCI) concept in India. The concept is considered a middle way between the demands of the Indian Diaspora and the reluctance of the Indian Government to amend the constitution regarding the principle of single citizenship. Indonesia also currently applies a single citizenship principle even though it is not regulated in the constitution. The idea of an Indonesian diaspora to emulate the OCI concept in India looks very rational, except that the problem is the extent to which the concept is applicable in the Indonesian constitutional system. What rules must be changed and which provisions must adjust. Implications of the application of OCI can be the same as dual citizenship, because the theory used is a residual theory where, apart from the prescribed restrictions, OCI card holders must be considered equal to Indonesian citizens. This concept has the potential to create legal complexity if there is a legal difference between Indonesia and other countries.
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References
Asshidiqie, Jimly. (2007), Pokok-Pokok Hukum Tata Negara Indonesia, Jakarta:PT Bhuana Ilmu Populer.
Naujoks, Daniel.(2013). Migration, Citizenship, and Development. Diasporic Membership Policies and Overseas Indians in the United States, New Delhi: Oxford University Press.
Binod Khadria. (2009). Adversary Analysis and the Quest for Global Development Optimizing the Dynamic Conflict of Interest in Transnational Migration, Social Analysis, Volume 53, Issue 3, 106–122
M. Beni Kurniawan. (2018). Penggunaan Diskresi Dalam Pemberian Status Kewarganegaraan Indonesia Terhadap Archandra Thahar Ditinjau Dari Asas Pemerintahan Yang Baik, Jurnal Penelitian Hukum De Jure, Vol. 18 No. 2. 149 - 162
Rokilah. (2017). Implikasi Kewarganegaraan Ganda Bagi Warga Negara Indonesia, Jurnal Ajudikasi .Vol.1 No.2, 53-62
Lisong Liu, (2012): Return Migration and Selective Citizenship A Study of Returning Chinese Professional Migrants from the United States, Journal of Asian American Studies; Baltimore Vol. 15, Iss. 1. 35-68
Sharad K. Soni, (2000). The United Nations Commission On Human Rights (55th Session) : A Report, Himalayan and Central Asian Studies,Vol. 4 No. 2,H.35
Sejersen, Tanja Brøndsted,(2008). I Vow to Thee My Countries" - The Expansion of Dual Citizenship in the 21st Century: IMR IMR, The International Migration Review, 42
Jum Aggriani (2012), Penerapan Asas Nasionalitas dalam Perundang-undangan Agraria Indonesia, Studi Kasus PP No.40 Tahun 1996, Jurnal Dinamika Hukum Vol.12 No.1, Hal.124
https://tirto.id/saat-diaspora-indonesia-menuntut-kewarganegaraan-ganda-crPo diakses pada tanggal 12 April 2019
http://dlgimmigration.com/united-states-citizenship/countries-that-allow-dual-citizenship/ diakses pada tanggal 12 April 2019
https://vittana.org/16-big-pros-and-cons-of-dual-citizenship diakses pada tanggal 7 April 2019
https://web.archive.org/web/20170422124533/https://in.usembassy.gov/u-s-citizen-services/citizenship-services/dual-nationality/ diakses pada tanggal 10 April 2019
https://ociservices.gov.in/ diakses pada tanggal 10 April 2019
https://www.ndtv.com/indians-abroad/supreme-court-dismisses-plea-for-voting-rights-of-overseas-citizens-756654 diakses pada tanggal 10 April 2019
https://money.kompas.com/read/2015/09/16/134501326/OJK.Terbitkan.Aturan.Penyederhanaan.Buka.Rekening.Bank.untuk.WNA diakses pada tanggal 12 April 2019
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