Penerapan Asas Ius Sanguinis dalam Hukum Kewarganegaraan Indonesia

The principle of *ius sanguinis*, meaning "right of blood," is a fundamental concept in international law that determines citizenship based on the nationality of one's parents. This principle stands in contrast to *ius soli*, which grants citizenship based on the place of birth. While both principles are recognized globally, their application varies significantly across nations. In Indonesia, the legal framework governing citizenship is primarily based on *ius sanguinis*, with certain exceptions. This article delves into the intricacies of *ius sanguinis* as applied in Indonesian citizenship law, exploring its historical context, legal provisions, and practical implications.

The Historical Context of *Ius Sanguinis* in Indonesia

The adoption of *ius sanguinis* in Indonesia can be traced back to the colonial era, when the Dutch East India Company (VOC) and later the Dutch government implemented a system of citizenship based on the nationality of the parents. This system was largely maintained after Indonesia gained independence in 1945, with the new government codifying the principle of *ius sanguinis* in its constitution and subsequent legislation. The rationale behind this choice was rooted in the desire to maintain national unity and cultural homogeneity, particularly in the face of diverse ethnicities and religious groups within the archipelago.

Legal Provisions Governing *Ius Sanguinis* in Indonesia

The Indonesian Citizenship Law of 1960 (Law No. 62 of 1960) serves as the primary legal framework for determining citizenship. Article 4 of this law explicitly states that "a person is an Indonesian citizen by birth if his/her parents are Indonesian citizens at the time of his/her birth." This provision clearly establishes *ius sanguinis* as the dominant principle for acquiring Indonesian citizenship. However, the law also recognizes certain exceptions, such as the provision for *ius soli* in Article 5, which grants citizenship to children born in Indonesia to stateless parents.

Practical Implications of *Ius Sanguinis* in Indonesia

The application of *ius sanguinis* in Indonesia has significant practical implications for individuals seeking to obtain or retain Indonesian citizenship. For instance, children born abroad to Indonesian parents automatically acquire Indonesian citizenship, regardless of their place of birth. Conversely, children born in Indonesia to foreign parents are not automatically granted Indonesian citizenship, unless they meet specific criteria outlined in the law. This principle also impacts the process of naturalization, where individuals seeking to become Indonesian citizens must demonstrate a strong connection to Indonesia, often through their ancestry or long-term residency.

Conclusion

The principle of *ius sanguinis* plays a central role in Indonesian citizenship law, shaping the legal framework and influencing the practical realities of acquiring and retaining citizenship. While the law recognizes certain exceptions, such as the provision for *ius soli* in specific cases, the dominant principle remains *ius sanguinis*. This approach reflects the historical context of Indonesia's nation-building process and its emphasis on national unity and cultural homogeneity. Understanding the intricacies of *ius sanguinis* in Indonesia is crucial for individuals seeking to navigate the complexities of citizenship acquisition and for policymakers seeking to ensure a fair and equitable system for all.