Ex-ISIS Indonesians Have Already Lost Citizenship: Legal Expert

TEMPO.CO, Jakarta - In response to issues about the repatriation of 600 former ISIS supporters from Indonesia, a professor of international legal affairs from the University of Indonesia Hikmahanto Juwana opined that they had already lost their citizenship.

“Article 23 of Citizenship Law 2006 outlines several reasons Indonesian citizens could lose their citizenship,” Hikmahanto told Tempo on Wednesday, February 5.

Hikmahanto explained that based on the article 23d and f, a citizen could lose their citizenship if they join foreign military service without prior permission from the president or take an oath declaring their loyalty to a foreign country or part of a foreign state.

Thus, it could be concluded that under the law, those 600 people who had joined the terrorist group had automatically given up their Indonesian citizenship. “Joining ISIS means joining a foreign military, while their spouse and children lose citizenship because of taking an oath.”

However, Hikmahanto said that their citizenship could be renounced but they are obliged to follow the procedures set in the prevailing law. The government, he added, could take a reference from the case of dual citizenship of former Energy and Mineral Resources Minister Arcandra Tahar.

The professor further reminded the government of two considerations before deciding to repatriate them. “These two are not about complying with the law or humanitarian grounds,” he remarked.

Hikmahanto suggested that the government must assess how far they had been exposed to ISIS ideology individually and study to what extent the Indonesian people willing to accept their presence, not only their family but also the surrounding communities, including the regional administration.

FRISKI RIANA