Legal Analysis on the Citizenship Status of Indonesian Citizens Ex-ISIS From the Perspective of International and Indonesian Law

Suparto, Suparto and Admiral, Admiral and Febrianto, Surizki (2023) Legal Analysis on the Citizenship Status of Indonesian Citizens Ex-ISIS From the Perspective of International and Indonesian Law. In: The 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023).

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Abstract

The aim of this research is to determine the legal status of ISIS as a legal subject from an international law perspective and what are the legal implications of revoking the citizenship status of Indonesian citizens who leave ISIS. The research method uses a normative juridical approach and secondary data, while the data is analyzed qualitatively. Based on the discussion, the results obtained are that: The position of ISIS in the subject of international law is unclear. To become a state, ISIS actually meets the requirements, namely having a people, a certain territory and a government, but does not fulfill the capacity to cooperate with other countries. ISIS cannot be recognized as a country because there must be at least 1 (one) recognition from another country for the country that will be formed. Meanwhile, to become belligerent, ISIS does not meet the requirements for support from the people in the territory it controls. Thus, ISIS is not a state and is not belligerent but is just a group of militant terrorists whose aim is to establish a state. Revoking citizenship forIndonesian citizens who are former ISIS members is a preventive measure sothat ideologies that conflict with Pancasila do not spread in Indonesia.However, revocation of citizenship refers to Article 23 F of Law no. 12 of 2006 concerning Citizenship will have the implication that the Indonesian stateindirectly recognizes ISIS as a legitimate state or foreign service organization.

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