H.M. Subhan (Petitioner) explaining the petition’s subject matter at the preliminary hearing of the interpretation of “Indonesian citizens,” Wednesday (10/9/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — Subhan, an advocate, has requested the Constitutional Court’s (MK) interpretation of “Indonesian citizens” in Article 26 paragraph (1) of the 1945 Constitution. The Petitioner believes many foreign nationals claim to be Indonesian citizens and take strategic offices in government while not actually having any legitimate reason to do so.

“We came upon a concrete incident during election. There is an election contestant who I can prove not having validation as an Indonesian citizen,” he said at the preliminary hearing on Wednesday, October 9, 2024.

Article 26 paragraph (1) reads, “Citizens shall be indigenous Indonesians and individuals of the other countries ratified by the law as Indonesian nationals.” The Petitioner explained that “Indonesian citizen” is the key requirement for president, vice president, governors, vice governors, regents, vice regents, mayors, and vice mayors, MPR (People’s Consultative Assembly) members, DPR (House of Representatives) members, DPD (Regional Representatives Council) members, Supreme Court (MA), Constitutional Court (MK), BPK (Audit Board), as well as other strategic positions in the state.

However, the Petitioner alleged that in reality, many foreign nationals not having validation as Indonesian citizens occupy those offices. He stated that foreign nationals born and residing in Indonesian territory often feel that they automatically become Indonesian citizens.

The Petitioner alleged that there had been elections where foreign nationals—whose parents, ancestors, or selves are not citizens—run for. He said 2024 presidential candidate Anies Rasyid Baswedan and Presidential Advisory Council member Habib Luthfi bin Yahya are known to be of Yemen origin who have no valid proof of Indonesian citizenship, mutatis mutandis are not Indonesian citizens.

“Article 6 of the Constitution mentions, if I’m not mistaken, that the presidential and vice-presidential candidates must be Indonesians or Indonesian citizens by birth. However, based on the Presidential Decree No. 56 of 1996, the KPU stated that family registry card and resident identity card are sufficient proof of citizenship,” he said.

The Petitioner stated that those of foreign origins can be Indonesian citizens and must be validated by the Constitution as regulated absolutely in Article 26 paragraph (1) of the 1945 Constitution and Article 2 of Law No. 12 of 2006 on Indonesian Citizenship.

In the petitum, the Petitioner requested that the Court reinterpret Article 26 paragraph (1) of the 1945 Constitution by necessitating validation of citizenship. All laws on the filling of office vacancies, both by election or appointment, where foreign nationals are involved, must require proof of Indonesian citizenship.

Justices’ Advice

The case No. 138/PUU-XXII/2024 was presided over by Constitutional Justices Arief Hidayat (panel chair), Anwar Usman, and Enny Nurbaningsih. Justice Enny stressed that the Constitutional Court’s authority is to review laws against the Constitution, but the Petitioner requested the review of Article 26 paragraph (1) of the 1945 Constitution, not of a law.

“This must be connected to the basis for the Court’s authority. The subject must be revised. You and your [legal] team should ponder this. You mention Mr. Anies Baswedan, who you said to be of Yemeni origin and has not been validated as an Indonesian citizen. Find a law relating to that to review in the Constitutional Court. The touchstone is the Constitution. In the Constitution there might be matters to question, so emphasize them in your arguments,” she said.

Next, Justice Anwar said the Petitioner must elaborate his legal standing to file the petition and his constitutional impairment in relation to the legal standing.

“To have legal standing, elaborate, say, according to you Anies Baswedan was not a valid presidential candidate or should not have been one, but there were others. Explain your loss that drove you to file this petition,” he said.

Before adjourning the hearing, Justice Arief urged the Petitioner that the Petitioner revise the petition based on Constitutional Court Regulation No. 2 of 2021 in 14 days. The revised petition must be received by the Court by Tuesday, October 22, 2024 at 13:00 WIB.

Author          : Mimi Kartika
Editor           : Lulu Anjarsari P.
PR               : Fauzan Febriyan
Translator     : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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