Petitioner Revises Arguments on Constitutional Losses in Citizenship Law Review
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Petitioner Haji Mohammad Subhan delivering the petition revision on the judicial review of Law No. 12 of 2006 on Citizenship of the Republic of Indonesia (Citizenship Law), Monday (21/4/2025), at the Panel Courtroom. Photo by MKRI/Panji.


Jakarta (MKRI) – The Constitutional Court held another judicial review hearing of Case No. 14/PUU-XXIII/2025 on the material judicial review of Law No. 12 of 2006 on Citizenship of the Republic of Indonesia (Citizenship Law) on Monday, April 21, 2025. The hearing was to hear the petition revision.

During the hearing led by Justice Arief Hidayat, Petitioner Haji Mohammad Subhan delivered the petition revision. Subhan stated that the revision had been made based on the Justices' advice, including on the petition's wording.

“[Based on] the Panel of Justices’ advice, the petitioner revised the title that reads judicial review petition on Law No. 12 of 2026 on the Citizenship Article 2 against the 1945 Constitution Article 26 paragraph (1),” Subhan stated before the Panel.

In addition, Subhan also amended his legal standing as the petitioner, among other things, by removing the information on his citizen identification numbers and adding a clearer description of constitutional losses due to the enactment of the law.

Also read: Regulation to Become Indonesian Citizens Challenged

Subhan, an advocate, submitted a material judicial review of Article 2 of the Citizenship Law to the Constitutional Court. In the petition, he considered that the provision on the said article contradicts Article 26 paragraph (1) of the 1945 Constitution.

Subhan also cited Article 28D paragraph (3) of the 1945 Constitution, which states that every citizen has the right to obtain equal opportunity in the government. To him, this right only applies to Indonesian citizens, both the Indigenous Indonesian nation and other nations that have been legalized as citizens by law. However, based on the Petitioner’s observation, some practices are not in accordance with the provisions, where individuals with no legalization certificate as citizens may hold government positions.

In the petitums, the Petitioner requested the Court to declare that the phrase “individuals of other nations legalized by law” in Article 2 of the Citizenship Law is contrary to the 1945 Constitution of the Republic of Indonesia and does not have legally binding power except proven by official legalization. The Petitioner also requested the Court to emphasize that individuals of other nations who run for office have legalization as Indonesian citizens based on laws and regulations.

Author: Utami Argawati
Editor: Lulu Anjarsari P.
PR: Fauzan Febriyan

Translator: Rizky Kurnia Chaesario

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.


Monday, April 21, 2025 | 11:39 WIB 240