Legal Analysis on the Citizenship Status of Indonesian Citizens Ex-ISIS From the Perspective of International and Indonesian Law

DOI

10.2991/978-2-38476-164-7_92How to use a DOI?

Keywords

Citizens; Members of ISIS; Status

Abstract

The aim of this research is to determine the legal status of ISIS as a legal subject from an international law perspective and what are the legal implications of revoking the citizenship status of Indonesian citizens who leave ISIS. The research method uses a normative juridical approach and secondary data, while the data is analyzed qualitatively. Based on the discussion, the results obtained are that: The position of ISIS in the subject of international law is unclear. To become a state, ISIS actually meets the requirements, namely having a people, a certain territory and a government, but does not fulfill the capacity to cooperate with other countries. ISIS cannot be recognized as a country because there must be at least 1 (one) recognition from another country for the country that will be formed. Meanwhile, to become belligerent, ISIS does not meet the requirements for support from the people in the territory it controls. Thus, ISIS is not a state and is not belligerent but is just a group of militant terrorists whose aim is to establish a state. Revoking citizenship for Indonesian citizens who are former ISIS members is a preventive measure so that ideologies that conflict with Pancasila do not spread in Indonesia. However, revocation of citizenship refers to Article 23 F of Law no. 12 of 2006 concerning Citizenship will have the implication that the Indonesian state indirectly recognizes ISIS as a legitimate state or foreign service organization.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Suparto
AU  - Admiral
AU  - Surizki Febrianto
PY  - 2023
DA  - 2023/12/21
TI  - Legal Analysis on the Citizenship Status of Indonesian Citizens Ex-ISIS From the Perspective of International and Indonesian Law
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 992
EP  - 1001
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_92
DO  - 10.2991/978-2-38476-164-7_92
ID  - 2023
ER  -