CITIZENSHIP

• The concept of citizen ?

• A person that live in the territory of a state
that according to the law of the state belongs
to the citizen of the state.
• The concept of the people: any person that
has a special relation with a nation.
 Definition of Citizen and state

• Citizen: a person as part of state that has everlasting

relation with the state, laws of the state, tough
those who live outside the state as long as those
does not disconnect his relation with the state and
those who bond by international law.

• State: An organization of a group or some groups of

people that live in the same territory and recognize a
government that manage the order and safety the
group or groups of those people.
• State is a unity that execute the government
through the law that binds the society with its
authority to force those people for the benefit
of social and order
• Beleefroid : a legally bond society that live in
the territory of the state and protected with
an authority to manage the public interest.
 Nation.
• Nation : The people that live in territory with the
same ancestor, custom, language history and own
government.
• Nation: a group of people that has the same interest
and declare as a nation and run the process in a
territory:
people
live in the same territory
same background
same aspiration and goal
under the same government
The formation Theory of the state:
• Natural law theory: Plato, Aristotle :
Natural give that a human want to live with
others (Zoon Politicon) --------- The
development of human being, from
individual to family, clan, trice, village,
region, state.

• Theocratic theory: everything includes

states created by God
Contractual theory: Thomas Hobbes: Beside as
social being, the people is also an individual
that has its own interest and consideration.
Sometimes there are conflict with other. A
human always has instinct to survival. A
human being is homo hominy lupus” .
Therefore there should be a contract with
each other in order to live peacefully
 Elements of state
• Constitutive element: Elements related to the
formation of the state:
citizen, territory, sovereign government.
• Declareative element: element related to the
essence of the state:
-the goal of the state in constitution
-recognition of other states (de facto and or de jure)
accepted/ belong to an international organization
Constitutive element:
a. Citizen : A person that live in the territory of
a state that according to the law of the state
belongs to the citizen of the state.
b. Territory:
1. Land: all land that borders with other(s)
state and interntional sea
Indonesia is archipelago state
 2. sea: all of the seas that belongs to
terrytory of a state (usually decided with
Int convention (12 ea miles)
c. Space: all of outer space above (unlimited) the
land and territorail sea of a stetes
 Form of the state
a. From the formation of the state
Unitary state, Federation and confederation,
state
b. From the source of power
• Theocracy, monarchy, democracy, outocracy
c. Form of government:
republic, feodalism,
 Relation between citizen and state

Regulated in constitution:
a. Who is Indonesian citizen? (Art.26 (1)
• Equality before the law and government (Art. 27 (1))
• Right to live and work (Art. 27 (2).
• Protection of huma rights (Right to unity and gather and
freedom of speech). (Art 28)
• Right to freedom of religion and belief (Art. 29)
• Right to defend the state (Art. 30)
• Right to education and teaching (Art. 31)
 Principle of Citizenship
Three types to decide the citizen:
a. Ius sangunis principle: citizenship is based on the
heredity (parent) of a person.
b. Ius soli principle: based the place of
c. Naturalization:
Through a legal process in which a person become a
citizen by applying to be a citizen of a state.
Consequences:
a. A patride (Stateless)
b. Bipatride (Double nationality)
 Naturalization.
Types of naturalization:
Passive naturalization: A state automaticly
accepted a person to be a citizen of a state,
but that person can refuse the granting of that
citizenship (repudiation right)
Active naturalization: a person should formally
apply for a citizenship of a state and that state
will scrutizine if that person suffice all
condition stipulated.