Tuesday, October 7, 2014

What Citizens of The Republic Of Indonesia

Citizens are defined as those who are part of a population into state elements. The term citizen more in line with its position as a free man than the term slave or servant of the State. because it implies citizen participants, members, or citizens of a country, which participants of a partnership established with the joint force. To that end, every citizen has equal rights before the law. All citizens have the rights, privacy, and responsibility. 

Understanding citizen, According to: 
• A.S. Hikam: Defines that the citizen is a translation of "citizenship" is a member of a community that shapes the country itself. The term is thought to be better than the state subjects more meaningful term object means that the people who owned and devoted to their owners. 
• Koerniatmanto S: Defining the member states citizens. As a member state, a citizen has the special position of the country. He has a relationship of rights and obligations which are reciprocal - turning against his country. 
• Law No. 62 in 1958: states that Indonesia is a republic country people - people who by law - laws and or agreements - agreements and or regulations - regulations since the proclamation of 17 August 1945 have become citizens of the republic of Indonesia. 
So of the three citizens above opinion can be summed up as a community to form itself states that under the domestic laws - laws or treaties - treaties and have the rights and obligations of the relationship reciprocal. 

Criteria for Becoming Citizens: 
To determine who the citizens, used two criteria: 
Criterion birth. Based on this criterion is divided into two, namely: 
- Criterion of birth according to the principle of fatherhood mother also called Ius Sanguine. In this principle acquire a citizenship of a State based on the nationality of his parents hope, wherever he was born 
- Criterion of birth according to the principle of ius soli or place of birth. In principle this person obtains citizenship by Country place where he was born, even though the parents are not nationals of that State. 
- Naturalized or naturalization, is a legal process that causes a person to certain terms have the citizenship of other countries. 
  1. Any person who by legislation and / or the Government of the Republic of Indonesia based on agreements with other countries before this Act applies is already a citizen of Indonesia 
  2. Children born of the legitimate marriage of a father and mother Indonesian citizen 
  3. Children born of the legitimate marriage of an Indonesian citizen father and mother of foreign nationals 
  4. Children born of the legitimate marriage of a foreign national father and mother Indonesian citizen 
  5. Children born of the legitimate marriage of an Indonesian citizen mother, but his father did not have legal citizenship or country of origin of his father did not give citizenship to the child 
  6. Children born within a period of 300 (three hundred) days after his father died of a legal marriage and his Indonesian citizen 
  7. Children born outside of legal marriage from an Indonesian citizen mother 
  8. Children born outside of legal marriage of a foreign citizen mother recognized by an Indonesian citizen father as a child and recognition is done before the children were aged 18 (eighteen) years or unmarried 
  9. Children born in the territory of the Republic of Indonesia which is not obvious at birth father and his mother's citizenship status 
  10. Newborn child found in the territory of the Republic of Indonesia for the father and mother are unknown 
  11. Children born in the territory of the Republic of Indonesia if the father and mother do not have citizenship or not known to exist 
  12. Children born outside the territory of the Republic of Indonesia from a father and mother Indonesian citizen because of the provisions of the country where the child was born giving citizenship to the child's 
  13. Son of a father or mother who has been granted citizenship application, then the father or the mother dies before the oath or pledge of allegiance states. 

Citizenship is membership of a person in control of a particular political unit (in particular: state) which carries with it the right to participate in political activities. A person with such a membership called citizens. A citizen has the right to have a passport from a country that dianggotainya. 

Citizenship is part of the concept of citizenship (English: citizenship). Within this sense, the citizens of a city or county referred to as citizens or citizens of the district, because they are also a political unit. In regional autonomy, citizenship is becoming important, because each political unit will entitle the holder (usually social) different for its citizens.

Citizenship has similarities with nationality (English) The difference is that the rights to be active in politics. It is possible to have a nationality without being a citizen (ie, the law is the subject of a country and is entitled to protection without having the right to participate in politics). It is also possible to have political rights without being a national of a member state. 

Under the social contract theory, citizenship status has implications for the rights and obligations. In the philosophy of "active citizenship", a citizen is required to contribute to the improvement of the community through its ability of economic participation, public service, volunteer work, and other similar activities to improve the livelihoods of its people. Of the rationale appears Citizenship subjects (English: Civics) given in schools.

Expert view on Understanding Citizenship Education 

Civic education is actually done and developed throughout the world, although with different terms or names. The subject is often referred to as civic education, Citizenship Education, and some even call it a democrcy education. But in general, the expert opinion has the same intent and purpose. 

Some views of the experts on citizenship education is as follows [1] [2]: 
  1. Henry Randall Waite in magazine publishing Citizendan Civics, in 1886, formulated by the sciens Civics understanding of citizenship, the relations of man, the individual, to the man in organized collections, the individual in his relations to the state. From these definitions, formulated Civics Civic Studies discussing the human relationship with the man in the organized gatherings (social organization, economy, politics) and between individuals and the state. 
  2. Stanley E. Dimond found civics is citizenship has two meanings in school activities. The first, including citizenship status related to a legitimate law. Secondly, political activities and election by a majority vote, government organizations, government agencies, law, and responsibility 
  3. Edmonson (1958) suggested that the study of civics is related to the government and that the rights and obligations of citizens. 
  4. According Merphin Panjaitan, Citizenship Education is democratic education which aims to educate young people to become citizens through a democratic and participatory education dialogial. While Soedijarto Citizenship Education defines as political education which aims to help learners to be citizens who are politically mature and participating in the development of a democratic political system 
  5. According to Muhammad Numan Soemantri, characterized by the following characteristics: a. Civic Education is a program of activities that include the whole school; b. Civic Education covers a wide range of teaching activities that can live and grow better behavior in democratic societies; c. in Civic Education also includes matters relating to experience, public, private and objectively to the terms of statehood 
  6. According to Azyumardi Azra, civic education, civics education developed into a substantive citizenship education not only educate young people to become citizens who are intelligent and aware of their rights and obligations in the context of social life and state, but also the readiness of citizens to build global citizenship , global society. 
  7. Soedijarto Citizenship Education defines as political education which aims to help learners to be citizens who are politically mature and participating in the development of a democratic political system. 

From these definitions, further reinforce the sense of civic education (Civics) because the material includes the positive effect of education in the school, home education, and education outside of school. These elements should be considered in preparing the Civic Education program is expected to help the learners (students) to:
  • Know, understand and appreciate our national goals. 
  • Can make smart decisions and are responsible for a wide range of issues, such as personal, community and country. 

Thus, citizenship education (civic education) is the education program that includes a discussion of the problems of nationality, citizenship in relation Essence civic education is a conscious and deliberate effort to educating the nation for citizens to foster identity and moral foundation of the nation as the implementation of rights and obligations in defending the country, for the sake of continuity of life and the glory of the nation and the state. Citizenship education is a subject that aims to make students as good citizens or often called to be good citizenship, ie, people who have good intellect intellectual, emotional, 

Social and spiritual, have a sense of pride and responsibility, and are able to participate in social life and state that a growing sense of nationalism and patriotism. 

In terms Civics Education by most experts translated into Indonesian into Civics and Citizenship Education. The term is represented by the Citizenship Education Azyumardi Azra and Tim ICCE (Indonesian Center for Civic Education) UIN Jakarta as Civics Education Development in Higher Education first. While the term is represented by the Citizenship Education Zemroni, Muhammad Numan Soemantri, Udin S. Winataputra and Tim CICED (Indonesian Center for Civics Education), Merphin Panjaitan, Soedijarto and other experts. [2] [3] 

Citizenship education is getting momentum in the 1990s with a different understanding. For some experts, Citizenship Education identified with the Democracy Education (democracy Education), Education on Human Rights (human rights education) and Citizenship Education (citizenship education). According to Azra, Democratic Education (Education democracy) involves substantive socialization, dissemination and actualization of concepts, systems, values​​, culture and practice of democracy through education. Still according to Azra, Citizenship Education is education a broader scope of education for democracy and human rights education. Because, Citizenship Education includes a review and discussion of the government, constitution, democratic institutions, rule of law, the rights and obligations of citizens, the democratic process, active participation and involvement of citizens in civil society, institutions and knowledge of the system contained in government, political heritage, public administration and the legal system, knowledge of processes such as active citizenship, critical reflection, inquiry and cooperation, social justice, intercultural understanding and conservation of the environment and human rights. 

While Zamroni argues that Citizenship Education is democratic education that aims to prepare citizens to think critically and act democratically, through activity awareness to instill a new generation that democracy is the best form of public life that guarantees the rights of citizens. 

Citizenship of the Republic of Indonesia 

An Indonesian Citizen (WNI) is one that is recognized by law as a citizen of the Republic of Indonesia. This person will be given identity cards by district or (especially Jakarta) Province, where he was listed as a resident / citizen. This person will be given a unique identity number (Identity Number, NIK) when he was 17 years old and registered at government offices. Passport granted by the state to its citizens as proof of identity is concerned in the international legal order. 

Indonesian citizenship is also obtained for a person who is included in the following situations: 

Children who are under 18 years of age or unmarried, and are residing in the territory of the Republic of Indonesia, the father or mother to obtain Indonesian citizenship 
Children of foreign citizens who have a five year old child who is legally appointed by court order as a child by an Indonesian citizen 
In addition to the acquisition of citizenship status as mentioned above, it is also possible the acquisition of citizenship of the Republic of Indonesia through the naturalization process. Foreign nationals who are legally married to an Indonesian citizen and have lived in the territory of the Republic of Indonesia at least five consecutive years or ten years in a row can not be made ​​the remarks become citizens before the competent authority, provided it does not lead to dual citizenship. 

Different from previous Citizenship Act, Citizenship Act of 2006 allows two citizens limited basis, ie for children aged up to 18 years old and not married to that age. Further guidance on this is included in the Government Regulation no. 2 in 2007. 

Of the Act is seen that the principle of the Republic of Indonesia adheres to the principle of ius sanguinis citizenship; coupled with limited ius soli (see points 8-10) and dual citizenship is limited (11 points). 

Rights and Duties of Citizens
The right is the right thing, belongs, belonging, authority, power to do sesuatu.Setiap citizens have the same rights to each other without exception. Similarities between humans always upheld to avoid any jealousy that may lead to various problems in later hari.Namun usually for those who have lots of money or tajir may have additional rights and obligations as citizens of the reduction of the unitary state of Indonesia. 

According to Prof. Dr. Notonagoro: 

The right is the power to accept or perform a proper received or made ​​solely by certain parties and not by any other party which in principle can be prosecuted by force by her .. 

Here's an example of rights as citizens: 
  1. Every citizen is entitled to legal protection. The point is that every citizen of the same rank in the eyes of the law, even though the poor and neglected children are also protected by the state 
  2. Every citizen has the right to work and decent living , Every citizen is entitled to the work as stated in Article 23 paragraph (1) determine the "every person has the right to work are entitled to free choice of employment, is entitled to the terms of fair labor and good and to protection against unemployment. 
  3. Every citizen has an equal footing in the eyes of the law and in government. Contained in Article 27 (1) states the equality of citizens before the law and rule without exception. This article shows our concern for human rights as well the balance between the rights and obligations of passage and no discrimination among citizens. 
  4. Every citizen is free to choose, embrace and practice the religion and beliefs of each believed. Article 29 (1), (2) of the 1945 Constitution set of religious freedom in Indonesia. The right to religious freedom is not giving the State or class but by faith so that can not be enforced. 
  5. Every citizen has the right to education and teaching. Contained in article 31 (1), (2) of the 1945 Constitution, the State is in accordance with the purpose of opening kta in 1945 that Indonesia among others obliged the intellectual life of the nation. 
  6. Every citizen is entitled to maintain the unity of the Indonesian territory or Homeland from enemy attack Article 30 (1) UUD 1945 keewajiban states and the right of every citizen to participate in the defense of the state enterprises and (2) further states that the arrangements made ​​by the law. The law is meant is Law No. 20 1982. 
  7. Every citizen has the same rights in freedom of association, assembly issued an opinion orally and in writing in accordance applicable laws. 


Article 28 UUD 1945 establishes the rights of citizens and residents gathered for the association of passage, removing thoughts orally and in writing, and so on. Its terms will be governed by law. 

Obligations as a citizen of Indonesia
citizen obligation expressed in article 30 of the 1945 Constitution has been included in the liability Understanding the 1945 Constitution article 26, 27, 28, and 30, as follows. 
  1. Article 26, paragraph (1), who become citizens are the native people of Indonesia and the people of other nations who passed the law as citizens. And in paragraph (2), the terms of citizenship  reserved. 
  2. of Article 27, paragraph (1), along with all citizens equal before the law and administration, must uphold the law and government, with no exceptions. In paragraph (2), but and every citizen has the right to work and decent living for humanity. 
  3. Article 28, freedom of association and assembly, issued both verbally, and so on are set by law. 
  4. of Article 30, paragraph (1), the rights and obligations of citizens to participate in the defense of the country. And (2) states further regulation is set by law. 

Every citizen has the same rights and obligations to each other without exception. Rights and obligations of this is something that can not be separated, but often there is a conflict because the rights and obligations of balance. It's very clear that every citizen has the right and obligation to earn a decent living, but in reality many citizens who do not live their lives in a welfare sense. To achieve a balance between rights and obligations, that is by knowing the position of ourselves. As a citizen should know their rights and obligations. As already stated in the laws and rules that apply. If the rights and obligations of a balanced and fulfilled, then the society will be safe prosperous. However, until now there are many people who do not get their rights so that people can not meet their obligations as citizens. 

Examples obligation Indonesian citizen
  1. 1 Every citizen has a duty to participate in the defense, defending the sovereignty of Indonesia country from enemy attack 
  2. Every citizen must pay taxes and fees set by the central government and local governments (LGs) 
  3. Every citizen is obliged to obey and uphold the basic state, law and government without exception, and run with the best 
  4. Every citizen is obliged to obey, submit and adhere to all applicable laws in the territory of Indonesia 
  5. Every citizen is obliged to participate in the development of the nation in order to build our nation can develop and progress toward a better 

Every citizen has the same rights and obligations but did not materialize well because there is still debate which should take precedence if prior obligations or rights to be realized first. 

Often we hear the words of the term resident "Native and Non-Native", which can divide the unity of the nation. Under article 26 UUD 1945, is it appropriate issue raised, who is meant citizens and residents? How do you as a student respond? 

Is one thing that is quite sad that in the days of air-civilized man and 
in the country based on Pancasila, still not a few people who believe 
racist. And if such racist views is allowed control of the archipelago, the nation will be destroyed the unity of Indonesia.

The Collapse of the Theory of the State


The Collapse of the Theory of the State
  1. Organic Theory: State likened to an organism that covered the development of the law of life. 
  2. Anarchic Theory: the State is a form of governance that is only suitable for forced primitive society. At the time the State would disappear, a society without coercion and without the State. 

The way to eliminate it:
a) With violence (revolution): Proudhon, Kropatkin, Bakunin.
b) With the education and evolution: Leo Tolstoy.

  1. Marxist Theory : The state will eventually disappear by itself, if the conditions for life no longer exists. 
  2. Other Theories Regarding the disappearance of the State
a) Due to natural factors: The country that was already established as a natural factor and vanished / disappeared. 

For example: 

1 volcano erupts. 
2. Island swallowed sea water. 

b) Due to social factors: The state already recognized standing and other countries, but because of social factors and vanished. 
c) Since the conquest. 
d) A revolution. 

e) The existence of agreements. 

f) The incorporation.

The Origin of The Formation of the State

Country of Origin Occurrence Facts And Theoretical 

Origin of the state is divided into 2 In the Primary or the origin of the state based on the theoretical approach and In Secondary or origin of the state based on the facts. 

In Primary 
The occurrence of the state is the primary stages, starting from the simplest legal community, and then evolved to the level of the more advanced and not associated with the pre-existing state. Thus the state is the primary basis to discuss the origin of the first countries in the world. 
According to G. Jellinek, the state primarily through four phases (Phase), namely: 
• Phase Guild humans. 
• Phase kingdom. 
• Phase State. 
• Phase democratic State and Dictatorship

Stages of the State: 
Genoot Schaft (Tribe) 
There is a term that means the Primus interpares primary among others. 

Rijk / Reich (Empire) 
Here comes the awareness of property rights and land rights. 

Staat 
Awareness of the need for democracy and popular sovereignty. 

The dictatorship Natie 
Government led by a choice of the people who then ruled unanimously 

In Secondary 
The occurrence of the secondary states are discussing the new state associated with other countries that have been there before, in this regard, the recognition of other countries in the secondary theory is an important element of the establishment of a new country. 
To determine the occurrence of new states can use factual approach is an approach that is based on reality and experience the history that actually happened. 
According to historical fact, the occurrence of a state because:

a. Invasion / occupation (Occupasi). 
An area no later occupied by the master of a nation. Examples: Liberia occupied negro slaves who were freed in 1847. 

b. Relief (Proclamation). 
An area of particular countries, including district and state independence escape. Example: Belgian escape from the Dutch in 1839, Indonesia in 1945, Pakistan in 1947 (the provinces of Hindustan), Bangladesh in 1971 (the territory of Pakistan), 1975 Papua New Guinea (the territory of Australia), three Baltic countries (Latvia, Estonia, Lithuania ) escapes from the Soviet Union in 1991, etc.

c. Melting into one (fusion). 
Some countries have melting into one new country. Example: The Government of Germany (1871), Vietnam (1975), Germany (1990), etc.

d. Annexation / Possession (Anexatie) 
A nation stands at a region dominated (annexed) by other people without meaningful reaction. Example: the state of Israel was formed in 1948 when many districts annex Palestine, Syria, Jordan and Egypt. 

e. Unlearning and the formation of new states. 
A country is broken and disappeared, then appeared on the territory of the new country. 
Example: Germany into West Germany and East Germany in 1945. 

f. Fusion - Melting two or more countries and form one country. 

g. Acessie - Withdrawal. Increasing a region because the sea sedimentation a long period of time and is occupied by the group. 

h.Cessie - Submission. A district handed over to other countries based on the agreement. 

i. Innovation - A National burst, then disappear and bring new countries on it. 

j. Separation - a region that is part of the country, then broke away from its parent country and declared independence. Example: Belgium in 1839 to escape from the Netherlands 

In addition to studying the origin of the first occurrence of the country can also use a theoretical approach that is based on an approach that hipotesanya logical frame of mind has not been proven in a statement. On the basis of these approaches, there are several theories about the origin of the occurrence of the country:

a. Theory Godhead (theokratis). 
The rationale for this theory is the belief that everything that exists or happens in this universe is all the will of God, as well as state occurs due to the will of God. The remains of theory theokratis symbol appears in the sentence contained in the Constitution of various countries, such as: "... .. Over the grace of Almighty God" or "By the grace of God". 

This theory was pioneered by Augustine, Friedrich Julius Stahl, and Kraneburg. 

b. Theory of Power. 
According to this theory the state is formed because of the power, while power comes from those who are the most robust and powerful, so that the state is due to the people who have the power / authority to conquer the weak. 

c. Theory Society Agreement. 
According to this theory, the state is formed because a group of people who originally lived each individually entered into an agreement to form an organization that could hold a common interest. This theory is based on an understanding of human life is separated into two pre-state era (era naturally) and the state. 

This theory was pioneered by Thomas Hobbes. 

d. Natural Law Theory. 
According to this theory, the formation of the state and the law by looking at human society before their own lives. Thoughts on the plato and Aristotle 

e. Human face Agreement theory of natural conditions and violence arises. Mankind would be doomed if he does not change his ways. Humans also unite to overcome the challenges and using union in a single motion for the common good. 

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