Coordinating Minister Yusril Emphasizes that Indonesian Citizen Status is Not Automatically Lost if Entering Foreign Military Service

JAKARTA - Coordinating Minister for Legal, Human Rights, Immigration, and Corrections (Menko Kumham Imipas) Yusril Ihza Mahendra emphasized that the status of Indonesian citizens (WNI) is not automatically lost if a person joins a foreign military service, even though the legal norm has been regulated in the law.

He conveyed that Article 23 of Law Number 12 of 2006 concerning Indonesian Republic Citizenship indeed states that Indonesian citizens lose their citizenship if they enter foreign military service without presidential permission.

"However, the loss is not automatic," said Yusril when confirmed in Jakarta, Monday, quoted by Antara.

He explained that the provisions in the law must be followed up through a clear and formal administrative mechanism.

This is emphasized in Articles 29 and 30 of Law 12/2006 and further detailed in Government Regulation (PP) Number 2 of 2007 and PP Number 21 of 2022.

The Coordinating Minister's statement responded to two Indonesian citizens who were reported to be members of foreign militaries, namely Kezia Syifa and Muhammad Rio. Currently, the government is still tracing the truth of the information of the two.

Yusril emphasized that the law is a regulating norm, not a concrete decision related to one's fate.

He gave an example of a crime of theft as regulated in the Criminal Code (KUHP) with certain criminal threats, but someone who is caught stealing is not automatically sentenced according to the wording of the Criminal Code.

"To punish him, he continued, the norms of the law must be translated into court decisions into concrete cases.

He said the same thing in terms of losing citizenship. Although it is said in the law that a citizen of the Republic of Indonesia loses his status as a citizen of the Republic of Indonesia if he becomes a member of the military of another country, the legal norm must be implemented by a decision of the Minister of Law stating that he revokes the status of a citizen of the Republic of Indonesia who becomes a member of the military of a foreign country.

"Babies born to Indonesian parents become Indonesian citizens who are listed in their birth certificates. Foreigners who become Indonesian citizens are spelled out in the minister of law's decision," he said.

Thus, continued the Coordinating Minister, the revocation must be announced in the State News so that it has binding legal force.

He said that based on PP 21/2022, the loss of citizenship occurred after there was a request from the person concerned or a report from another party, which must be investigated for truth by the Minister of Law.

If the results of the research prove that a citizen of the Republic of Indonesia has entered a foreign military service without the president's permission, he continued, the Minister of Law will issue a ministerial decision on the loss of citizenship and be announced in the State Gazette.

"Since then, the consequences of the law have been applied," said Yusril.

Therefore, as long as there is no ministerial decision and it has not been announced in the State News, said the Coordinating Minister, the person concerned is still legally a WNI.