Muh Faturahman
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Loss of Citizenship in the Decision in Case No. 56-K/PM.II-08/AL/IV/2023: A Perspective from Islamic Constitutional Law Muh Alghifari; Nuraiman; Muh Faturahman; Kurniati
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 15 No. 2 (2025): October
Publisher : Department of Constitutional Law, Faculty Sharia and Law, UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2025.15.2.295-327

Abstract

This study examines the issue of the loss of Indonesian citizenship in the case of Satria Arta Kumbara by highlighting the tension between military law, citizenship law, and the principle of justice. The main questions posed are whether the mechanism of automatic loss of citizenship and the application of in absentia proceedings have met the principle of justice, and how the perspective of Islamic constitutional law can provide a foundation for reform. Ths study addresses a potential gap in the literature by examining a military court decision from the perspective of Islamic constitutional law. This study employs a normative legal method using a statutory approach to examine citizenship provisions and military justice, a case-based approach to Decision No. 56-K/PM. II-08/AL/IV/2023, and a conceptual approaches, as well as an integrative analysis of digital content. The findings show that although Article 23 of Law No. 12 of 2006 provides a legal basis for the automatic loss of citizenship, its implementation may not fully ensure substantive justice or adequate opportunities for clarification. Similarly, in absentia proceedings in desertation cases are legally justified but raise concerns about defendants' rights and the enforcement of judgments. From the perspective of Islamic constitutional law, the principle of amanah (trust). justice, shura (consultation), and maslahah (public interest) highlight the need for more transparent and fair citizenship procedures.