The Problem of Citizenship Requirements for Presidential and Vice Presidential Candidates in Indonesia

Problematika Persyaratan Kewarganegaraan Calon Presiden dan Wakil Presiden di Indonesia

Authors

DOI:

https://doi.org/10.31078/jk2021

Keywords:

Candidates for President and Vice President, Citizenship Requirements, Constitution, Presidential System

Abstract


This article examines the problematic citizenship requirements of presidential and vice presidential candidates in Indonesia. The research method used is qualitative, with normative juridical research and constitutional comparisons with fifty countries in the world that adhere to presidential government systems. The results of the study show that each country regulates the citizenship requirements of Presidential and Vice-Presidential Candidates in its constitution. The regulation of the citizenship requirements for the candidates for President and Vice President in Constitution of the Republic of Indonesia is ideal because it is not discriminatory and also does not have multiple interpretations. Based on a comparison with fifty countries, the regulation of citizenship requirements in Indonesia falls into the first category, namely citizen/nasionality by birth/born. The challenge for Indonesia in the future is how to implement these constitutional provisions without being politicized, especially when the Presidential and Vice-Presidential Elections will be held.

Author Biographies

Sutan Sorik, Faculty of Law, University of Indonesia, Depok, Indonesia

Sutan Sorik was born in Paran Batu, Padang Lawas, North Sumatra, Indonesia. He is currently pursuing a master's degree in State Law at the Faculty of Law, University of Indonesia (UI). He works as a researcher at the Legal Research Center of the National Research and Innovation Agency (BRIN). Before joining the BRIN Legal Research Center, he was a researcher at the Political Research Center (P2Politik) of the Indonesian Institute of Sciences (LIPI). His research interests encompass elections, democracy, representative institutions, and comparative law. His publications can be accessed through various mediums, such as books, journal articles, popular scientific articles, and policy papers/briefs. In addition to his writing, he actively participates in scientific forums that discuss issues related to state law.  

Fitra Arsil, Faculty of Law, University of Indonesia, Depok, Indonesia

Fitra Arsil was born in Jakarta on December 28, 1974. He has been working as a lecturer at FH UI since 2001. Since 2014, he has been the Head of the Constitutional Law Study Section. Apart from teaching, Fitra is actively involved in various research and other academic activities, such as writing journal articles, serving as a resource person and expert in various forums, and being a reviewer for several national and international journals. In his work and the courses he teaches, Fitra Arsil focuses on issues related to government systems, presidential institutions, people's representative institutions, elections, constitutional courts, and emergency constitutional law.  

Qurrata Ayuni, Faculty of Law, University of Indonesia, Depok, Indonesia

Qurrata Ayuni was born in Jakarta on January 11, 1986. She has been working as a lecturer at the Faculty of Law, University of Indonesia, since 2017. Besides teaching, Ayuni is actively involved in various research and other academic activities, including journal articles for national and international publications. Her research focuses on the issues of Emergency HTN and the Constitutional Court.    

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Published

2023-06-01

How to Cite

Sorik, Sutan, Fitra Arsil, and Qurrata Ayuni. 2023. “The Problem of Citizenship Requirements for Presidential and Vice Presidential Candidates in Indonesia: Problematika Persyaratan Kewarganegaraan Calon Presiden Dan Wakil Presiden Di Indonesia”. Jurnal Konstitusi 20 (2):179-95. https://doi.org/10.31078/jk2021.

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Vol. 20 No. 2 (2023)

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Articles

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